We don't want to own your stuff, we just need to make sure we're able to put it on the site or let people see it in apps. But please do read the whole thing and let us know if you have any questions or concerns.

MLKSHK.COM
TERMS OF USE

These Terms of Use (the “Terms”) govern your use of this Internet website (the “Site”) and your relationship with the owner/operator of the website, Simpleform, LLC, a California limited liability company (referred to hereinafter as “we”, “us” and “our”). By using or accessing this website, you agree to these Terms. We may at any time revise these Terms by updating this page. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms. By accessing and/or using the Site, you accept and agree to be bound, without limitation or qualification, by these Terms, and any modifications hereto. We may, in our sole discretion, immediately terminate your right to use the Site if we find that you have failed to comply with any provision of these Terms or if we believe, in our sole discretion, that you have in any way abused your right to use the Site.

1. Privacy Policy

When you register with the Site, you are asked to provide certain personal information, including your name and email address (“PI”). We store your PI, but do not provide it to any third parties.

We use this information to provide the services you request, send you notifications, respond to customer support requests, etc. You can access and change your PI or delete your account by logging into your account here: http://mlkshk.com/account/settings.

We will not disclose, sell or exchange PI to or with anyone, without your approval, unless we believe disclosure is reasonably necessary to:

  1. comply with the law or legal process;
  2. protect or defend our rights or property, or the rights or property of others;
  3. enforce these Terms; or
  4. respond to claims that the content of any material on our system violates the rights of others.

We will aggregate user information and perform statistical analyses of the collective characteristics and behavior of our members and visitors, to measure overall demographics and interests regarding specific areas of our domain and to analyze how and where to use our resources. We share general demographic and interest information with third parties, but such aggregate information is not personally identifiable. We also use the aggregate data collected to inform our sponsors as to the number of people who have seen and "clicked" on their advertisement. In addition, we may compile and disclose aggregate information about our users for promotional or other purposes. For example, we might want to disclose that a certain percentage of our users are located within a particular geographic area or fall within a particular age range.

We use both session cookies and persistent cookies. Cookies help us determine how long users view particular content, which particular content (e.g., advertising) users view, which content or sites users link to, and which services members and visitors use. Persistent cookies are used if you choose to enable the auto-login feature. These cookies are randomly generated and uniquely assigned to each user. They are not associated with any personally identifiable information such as name or password.

Session cookies help us keep track of when a person is logged in. Once a user is logged in, session cookies allow us to personalize information on the Site for them.

We will communicate with you via email, to the email address(es) you provide to us. If you would like to cease receiving communications from us, you may either delete your account or notify us that you would no longer like to receive email communications from us by sending an email to this address, and informing us therein that you would no longer like to receive email communications: support@mlkshk.com.

2. Children Under the Age of 13

If you are under the age of 13, please do not attempt to register with the Site or provide any personal information about yourself to us. If we learn that we have collected personal information from a child under the age of 13, we will delete that information as quickly as possible. If you believe that we might have any information from a child under the age of 13, please contact us here: support@mlkshk.com.

3. Copyright & Intellectual Property

All copyrightable text, sound, graphics and other material, (the "Content"), the selection, compilation, arrangement and presentation of all materials, and the overall design of the Site are copyrighted by us 2010-2011, and is protected by U.S. and international laws. All rights reserved. You may use the Content only as expressly authorized by the Site. Any other use of the Content without our express prior written permission is strictly prohibited.

MLKSHK.com and the MLKSHK logo are trademarks or registered trademarks of Simpleform, LLC in the United States and/or other foreign countries. Our trademarks may not be used in connection with any product or service without our express written permission.

We do not claim ownership of the materials you post on, upload to or otherwise place on the Site. However, by posting, uploading or placing such material, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use such material in connection with the Site. This license ends when you delete the material or your account unless the material has been shared with others, and they have not deleted it.

You shall not post, upload or otherwise place any content or information on the Site that belongs to a third party which/who has not given you permission to do so. If you believe that any such information or content has been posted, uploaded or otherwise placed on the Site, please contact our Designated Agent (the “Agent”) at:

Andre Torrez
2325 3rd St.
Suite 4R-63
San Francisco, CA 94107-3108
(415) 886-7739
support@mlkshk.com

Notifications of potential infringement to the Agent must be in writing, and include substantially 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.
  6. 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.

Upon notification of claimed infringement, we 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. We will also notify the person who posted, uploaded or otherwise placed the allegedly infringing material on the Site that we have removed or disabled access to such material.

If you believe that material has been removed improperly, you must send a written counter notification to the Agent, and include:

a physical or electronic signature of the subscriber;
identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
a statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
the subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided the original notification or an agent of such person.

Upon receipt of a counter notification complying with the foregoing requirements, we will promptly provide the person who provided the original notification with a copy of the counter notification, and inform that person that we will replace the removed material or cease disabling access to it in 10 business days, unless we receive notice that the original notifier has notified the designated agent for the counter notifier that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our system or network.

4. Limitations On Use of Site

You agree that you have the full authority and right to enter into these Terms, and that you are at least 18 years of age. You also agree that you will not use the Services to transmit, disseminate or upload:

  1. unlawful, harassing, libelous, tortuous, abusive, threatening, or obscene communications of any kind;
  2. materials that infringe or violate any third party's copyright, trademark, trade secret, privacy or other proprietary or property right;
  3. material, the uploading of which, could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law or regulation;
  4. material that is objectionable, including without limitation, content that promotes illegal activities or physical harm against anyone;
  5. spam, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings;
  6. viruses or other harmful, disruptive or destructive files;
  7. content containing pornographic material.

You further agree: (a) that you will not disrupt or interfere with another user's use or enjoyment of the Site; (b) that you will not use or attempt to use another person's or entity's account, service or system without authorization from the owner, nor will you disrupt or interfere with the security of, or otherwise abuse, the Site, system resources or accounts, or any servers or networks connected to the Services; (c) that you will not attempt to obtain unauthorized access to Site; (d) that you are responsible for your actions in relation to Site, and for any communications transmitted under your account; (e) that you will not forge header or address information or otherwise impersonate another or create a false identity; (f) that you will not systematically extract, collect or harvest, through electronic means or otherwise, any data or data fields, including without limitation email addresses, from our Site; (g) that you will not disrupt the normal operations of the Site; (j) that you will comply with all laws relating to the transmission of technical data or software exported from the United States; and, (k) that you will comply with all applicable local, state, national and international laws and regulations, including without limitation those related to privacy, data collection and email creation and delivery.

You agree that we may in our sole discretion remove any material that appears to violate any of the foregoing, and may immediately limit or terminate your account or access if it appears you have violated any of the provisions set forth herein.

5. Disclaimer of Warranties:

THE SITE AND OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT USE OF THE SITE AND OUR SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE DO NOT MAKE ANY WARRANTY THAT THE SITE OR OUR SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR OUR SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH USE OF THE SITE OR OUR SERVICES. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR OUR SERVICES IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES; SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

6. Limitations of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL WE OR OUR PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SITE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO BY MEANS OF OR THROUGH THE SITE, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT WE ARE NOT LIABLE FOR ANY FAILURE TO DELIVER, HOLD OR STORE DATA, INFORMATION OR EMAIL TRANSMITTED THROUGH THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE OR OUR SERVICES, YOUR EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE AND OUR SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN NO EVENT WILL WE BE LIABLE TO YOU FOR MORE THAN THE ACTUAL DOLLAR AMOUNT THAT YOU PAID FOR THE USE OF THE SITE.

Without limiting any of the foregoing, we are not responsible for any of your materials and data residing on our network hardware. You are responsible for backing-up your materials and data that may reside on our network, whether or not such materials and data are produced through the use of the Site.

7. Indemnification

You agree to indemnify, defend and hold harmless us, our parents, subsidiaries, affiliates, officers, directors, employees, members, partners, agents, and suppliers, and their respective affiliates, officers, directors, employees, members, shareholders, partners, and agents, from any claim, action, demand, liability, judgment, or damage, including reasonable attorney's fees, arising out of or related to your use of the Site and/or your violation of these Terms, including without limitation the infringement by you or any other user of your account, of any intellectual property or other right of any person or entity. We may, at our sole discretion, assume the exclusive defense and control of any matter subject to indemnification by you. The assumption of such defense or control by us, however, shall not excuse any of your indemnity obligations.

8. Linked Sites

The Site may contain links to third party websites. We do not control and are not responsible for the content or privacy policies of any linked site or of any link contained in a linked site. These links are provided to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the site. Access to any linked site and participation in any activity or transaction on any linked site are at your own risk.

9. General

These Terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of law provisions. You agree that you will bring any claim or cause of action arising out of your use of the Site in the courts located within the county of San Francisco, California or the Northern District of California and you also agree to submit to the personal and exclusive jurisdiction of those courts. You agree that any claim or cause of action arising out of your use of the Site or these Terms must be filed within one year after such claim or cause of action arose or it shall be forever barred, notwithstanding any statute of limitations or other law to the contrary. If any provision contained in these Terms is determined unenforceable, then such provision will be severed and replaced with a new provision that most closely reflects the intent of the original provision, and the remaining provisions of these Terms will remain in full force and effect. No waiver of any provision of these Terms shall be effective except pursuant to a written instrument signed by us expressly waiving compliance, and any such waiver shall be effective only in the specific instance and for the specific purpose stated in such writing. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms and/or your use of the Site. You may not assign any right, interest or benefit provided under these Terms or through the Site without our express prior written consent. These Terms set forth the entire agreement between you and us, and supersedes any and all prior communications, agreements and proposals, whether electronic, oral or written, between you and us with respect to the Site and our Services. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and/or your use of the Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Paid subscriptions are handled by a third party service provider, Amazon.com, pursuant to its terms and conditions. Any information you provide to Amazon.com will be maintained in accordance with its policies, and not ours.

Last Updated: May 13, 2011