Welcome to Maijintheartist.com! Your use of the website domain of www.maijintheartist.com, and all related domains, in the form of sub-domain, parked domain, add-on domain, or sub-directory (hereinafter referred to as ‘Website’ or ‘we’ or ‘our’) are subject to the following terms and conditions. They govern your use of this ‘Website’.
Except as otherwise noted in this ‘Website’, you completely understand and agree the content on this ‘Website’— all information, article(s), character(s), image(s), picture(s), data, text, photograph(s), graphic(s), video(s), message(s), story or narratives, strategy, business or marketing tactic(s), concept(s) and idea(s), or other original material(s), posted, published, displayed, performed, or offered for sale through this ‘Website’ —are the property of Drew ‘Maijin’ Lewis of IMAIJIN. All original content and material whether publicly posted or privately transmitted on this ‘Website’ is and has always been protected by and under copyright law(s) and all other intellectual property right(s) both domestic and international.
Third Party Content
You understand that this ‘Website’ may knowingly or unknowingly contain copyright or trademark protected content supplied by and/or owned by a third party, such content posted on this ‘Website’ are strictly for non-commercial use and is not insinuation of property or ownership by Drew ‘Maijin’ Lewis or any other contributor of/to this ‘Website’.
Procedure for Reporting Infringements of Copyright under the Digital Millennium Copyright Act, 17 U.S.C. 512 (“DMCA”) or Infringements of Other Intellectual Property Rights:
This ‘Website’ and its owner have a zero tolerance policy for unconscionable infringement of copyrights and other intellectual property rights for commercial use. If any of the respective copyright or trademark holders believe in good faith that any Content, Material(s), or Product(s) on the ‘Website’ infringes upon your intellectual property rights, you may contact us in writing either to, request removal of the content within 30 business days of our receipt of the document, message, or email; request that we obtain sufficient permission, license, or attribution in a reasonable amount of time for continued non-commercial usage of the content; or you may submit a notice of claimed infringement to us (a “NOCI”) by providing the following information in writing to us at www.maijintheartist.com/contact:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or other intellectual property right that has been allegedly infringed;
2. Identification of the works claimed to have been infringed, or if this is a single notification of a copyright infringement claim covering multiple copyrighted works on the Site, as permitted under the Digital Millennium Copyright Act, 17 U.S.C. 512 (“DMCA”), a representative list of such works on the Site;
3. Identification of the Content, Material(s), or Product(s) that is claimed to be infringing or to be the subject of infringement activity and that is to be removed or access to which is to be disabled, including information reasonably sufficient to permit this ‘Website’ (maijintheartist.com) to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party, including address, telephone number and e-mail address;
5. A statement that the complaining party has a good faith belief that the use of the Content or Product is not authorized by the copyright owner or other intellectual property rights owner, its agent, or the law; and
6. A statement made under penalty of perjury that the information in the NOCI is accurate and that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
You acknowledge that if you fail to comply with all of the above notice requirements of this Section, your NOCI may not be valid.
When a complete and proper NOCI is received by us, it is our policy to expeditiously investigate the claim and take appropriate action, as determined by us in our sole discretion. Such action may include without limitation: (1) removing or disabling access to the Content, Product or other material identified in the NOCI; (2) notifying the applicable user/contributor that we have removed or disabled access to such material; (3) cancelling orders for Products that include the Content identified in the NOCI; or (4) suspension or termination of such user’s account or website access privileges.
Third Party Websites
This ‘Website’ may link to other websites operated or content provided by third parties, and such other websites may link to this ‘Website’. Drew ‘Maijin’ Lewis and this ‘Website’ have no control over any such other websites or their content and will have no liability arising out of or related to such websites or their content. The existence of any such links does not constitute an endorsement of such websites, the contents of the websites or the operators of the websites. Drew ‘Maijin’ Lewis and this ‘Website’ is providing these links to you only as a convenience.
License and Website Access
You are granted limited, revocable license to access and make personal use of this ‘Website’ as our visitor and customer. However, you are not permitted to:
• Reproduce, duplicate, copy, sell or otherwise exploit the ‘Website’ or any copyrighted all information, information, article(s), character(s), image(s), picture(s), data, text, photograph(s), graphic(s), video(s), message(s), story or narratives, strategy, business or marketing tactic(s), concept(s) and idea(s), or other content (“Website Content”) for any commercial purpose, except as expressly provided;
• Use a robot, spider or data mining or extraction tool or process to monitor, extract or copy “Website Content” (except in the operation or use of internet “search engines,” hit counters or similar technology);
• Use any meta tags, search terms, key terms, or the like that contain the name of this ‘Website’ or trademarks used on this ‘Website’;
• Engage in any activity that interferes with the ‘Website’ or another user’s ability to use the ‘Website’;
• Modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the ‘Website’ and the services
• Offered on the ‘Website’; or
• Any use of the ‘Website’ or “Website Content” that is not expressly authorized herein is prohibited and immediately terminates the license granted herein.
Grant Of Rights And User Conduct
So long as you comply with these Terms, This ‘Website’ hereby grants you a limited, non-exclusive, revocable, non-transferable license, without right of sub-license, to access and make personal use of this ‘Website’ as our visitor or customer. While using this ‘Website’ you agree to:
1. Provide and maintain and update your account information and to keep it true, accurate, current, and complete at all times;
2. Ensure that your access and participation in this ‘Website’ is not illegal or prohibited by laws that apply to you;
3. Take your own precautions to ensure that the process that you employ for accessing this ‘Website’ and any linked website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system.
You agree and fully understand that you will by using this website or its content you will not directly or indirectly:
1. Post Content or Products in an inappropriate category or areas of this ‘Website’;
2. Fail to deliver payment(s), service(s), or Product(s) promised or posted by you unless a clear typographical error is made or you cannot authenticate the recipient’s identity;
3. Interfere with another user’s Content or Products on this ‘Website’;
4. Circumvent or manipulate the fee structure, the billing process, or fees owed to this ‘Website’ and/or Drew ‘Maijin’ Lewis of IMAIJIN;
5. Take any action on this ‘Website’ that will disparage its reputation or standing among its users and undermine any ratings system that this ‘Website’ may use;
6. Transfer your customer account and user identification to another party without our prior written consent;
7. Distribute viruses or any other technologies that may harm this ‘Website’, Drew ‘Maijin’ Lewis, IMAIJIN, or the interests or property of other users of this ‘Website’.
8. Use, reproduce, copy, modify, adapt, create derivative works from, publish, print, transmit, distribute, perform, display, sell, license, rebrand, or otherwise transfer (i) any portion of any information all information, character(s), image(s), picture(s), data, text, photograph(s), graphic(s), video(s), message(s), story or stories, strategy, business or marketing tactic(s), concept(s) and idea(s), or other original content or material(s) for any commercial purpose, except as expressly provided .
9. Harvest or otherwise collect information about other users of this ‘Website’, including email addresses, without their consent;
10. Impersonate any person or entity, including, but not limited to, a partner or administrator of this ‘Website’, owner or contributor of the business IMAIJIN, or falsely state or otherwise misrepresent your affiliation with a person or entity;
11. Upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or other proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
12. Upload, post, email, transmit or otherwise make available through this ‘Website’ any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
13. Upload, post, email, transmit or otherwise make available through this ‘Website’ any material that contains adware, malware, spyware , software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
14. “Stalk” or harass or harm another person.
The ‘Website’, www.maijintheartist.com, is owned and operated in the United States of America and data related to this ‘Website’ is hosted in the United States. If you access or use this ‘Website’ from other jurisdictions, you do so at your own risk. This ‘Website’ makes no representations that this ‘Website’ is appropriate or available for use in other locations. You are responsible for knowing and complying with the laws of your jurisdiction. If such laws conflict with your use of this ‘Website’, you are not permitted to use them.
Registration and Account Information
You understand that in order gain access to certain content, material(s), or product(s) through this ‘Website’, you may need to give personal information or create a user/customer account. When creating a user/customer account, you must provide accurate, complete and updated registration information. You may not select a user name that is vulgar, offensive, obscene or attempts to impersonate another person. You may never use another person’s account without permission from that user. You are solely responsible for all the activity that occurs through your account, including the activities of others and regardless of whether such activities are authorized, and for keeping your account password secure. You agree to notify this ‘Website’ immediately of any breach of security or unauthorized use of your account. Although this ‘Website’ will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of this ‘Website’ or others due to such unauthorized use. We reserve the right to require you to alter your password if we believe your password is no longer secure. This ‘Website’ reserves the right to refuse to provide you with an account or cancel your account in its sole discretion.
You acknowledge and agree that this ‘Website’ may access, retain and disclose your account information and your Content if required to do so by law or in a good faith belief that such access, retention or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms; (iii) respond to a NOCI; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of this ‘Website’, its users or the public.
You acknowledge that any agreement you make with another party through this ‘Website’ is strictly between you and such party and this ‘Website’ is not a party to that agreement. If you have a dispute with another such party, you hereby release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, liabilities, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such dispute. You agree that this ‘Website’ has no control over and does not guarantee the delivery of the advertised collaborations and that this ‘Website’ shall be released from any and all damages resulting from the failure to receive any benefits of an anticipated collaboration.
Banishment and Address Blocking
We reserve the right to ban any visitor or customer and block any IP address from our site for any reason, at any time, and at our sole discretion.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
You consent to receive communications from this ‘Website’ by email. You agree that all agreements, notices, disclosures and other communications provided to you by email satisfy any legal requirement that such communications be in writing.
Unless attributed otherwise, you completely understand and agree that all “Website Content” and Material(s) are the property of this ‘Website’, Drew ‘Maijin’ Lewis of IMAIJIN, or the property of our content suppliers, and is protected by international copyright and trademark laws. The purchase of any physical or digital product or content does not provide the purchaser with any copyright interest or other intellectual property right in the product or content. All “Website Content” and Material(s) that is knowingly not the property of Drew ‘Maijin’ Lewis is used with permission. You completely understand and agree that the arrangement and compilation of all “Website Content” is the exclusive property of Drew ‘Maijin’ Lewis and is protected by international copyright laws. All software used on the ‘Website’ is our property or the property of our software suppliers and is protected by international copyright and trademark laws.
You fully agree and understand that certain information, article(s), character(s), image(s), picture(s), data, text, photograph(s), graphic(s), video(s), message(s), story or narratives, strategy, business or marketing tactic(s), concept(s) and idea(s), logo(s), page header(s), button icon(s), script(s), and service name(s) are trademarks, service marks, or trade dress of Drew ‘Maijin’ Lewis of IMAIJIN and this ‘Website’, or our affiliated companies. Our trademarks and trade dress may not be used for any commercial or other purposes without our prior written consent. All other trademarks and service marks not owned by Drew ‘Maijin’ Lewis, IMAIJIN, or www.Maijintheartist.com, or our affiliated companies that appear on the ‘Website’ are the property of their respective owners and may or may not be used without their prior written consent.
Reviews, Comments, Communications and Other Content
Visitors may post or submit reviews, comments, suggestions, communications and other information via our ‘Website’, by email or through one of our website operation partners. You agree not to submit, transmit, or otherwise make available in any manner any content (i) that is unlawful, harmful, obscene, hateful, threatening, abusive, defamatory, harassing, libelous, invasive of another’s privacy, or is otherwise objectionable, (ii) that infringes the intellectual property rights of any party or (iii) which contains a chain letter or constitutes any form of commercial solicitation, political campaign, mass mailing, “spam” or software virus. You may not use a false e-mail address or otherwise provide information that would be misleading as to the origin of such content. Although we do not regularly review content you submit to the ‘Website’, we reserve the right to edit or remove any content that violates our Content Policy or that we find objectionable for any reason. You represent and warrant that you possess all necessary rights to use the content that you submit to the ‘Website’ and that use of such content does not violate our content policy. You agree to defend, indemnify, and hold us harmless from and against any and all claims arising out of or relating to any content that you submit to the ‘Website’. By submitting content to the ‘Website’, you automatically grant to us, or warrant that the owner of such content has expressly granted to us, a royalty-free, perpetual, irrevocable right and license to use your user name or the content in any manner that we deem appropriate, in our sole and exclusive discretion. We take no responsibility and assume no liability for any content posted by visitors to our ‘Website’.
Remuneration and Attribution
All visitors and customers completely understand and 100% agree that Drew ‘Maijin’ Lewis, IMAIJIN, and www.maijintheartist.com will be entitled to remuneration and attribution, if any of the original information, article(s), character(s), image(s), picture(s), data, text, photograph(s), graphic(s), video(s), message(s), story or narratives, strategy, business or marketing tactic(s), concept(s) and idea(s), or other original material on/from this ‘Website’ is resold, reproduced, redistributed, printed, copied, or manipulated. If any of the said content or material(s) on/from this ‘Website’ are on any sort of application, console, software, hardware, ecommerce website or shopping platform, stock asset website, social media domain, virtual network, physical or digital goods, merchandise, clothing, device, literature, media, advertising or marketing campaigns, print or branding materials, website, business, person(s), entity, or organization, whether offline or online, for financial gain or trade then Drew ‘Maijin’ Lewis and www.maijintheartist.com is entitled to and must receive mandatory remuneration and attribution.
You completely understand and agree that any payment(s), fee(s), donation(s), and/or compensation is 100% non-refundable delivered to this ‘Website.’ You fully understand and agree that any payment(s), fee(s), donation(s), and/or compensation sent or deposited into any account of Drew ‘Maijin’ Lewis or IMAIJIN is 100% non-refundable.
Federal Regulation Compliance
You are responsible for complying with the CAN–SPAM federal regulation. You are also responsible for supplying an Unsubscribe link in the event that your email is required to under the Federal CAN–SPAM regulation.
Chargeback / Refund Policy
Drew ‘Maijin’ Lewis, IMAIJIN, or this ‘Website’ will not, under any circumstances, issue cash refunds for early contract cancellation. If you have a question about charges made to your account, please contact us immediately. If the charges were made in error, we will credit your account or credit card account for the appropriate amount. Drew ‘Maijin’ Lewis, IMAIJIN, or this ‘Website’ has a zero tolerance policy for chargebacks. Any customer who disputes a credit card payment that is found to be valid will be permanently banned from use of the Drew ‘Maijin’ Lewis, IMAIJIN, or this ‘Website.’ Any past due fees and costs will be sent to collections. If our collection efforts fail, unpaid debts will be reported to all available credit reporting agencies.
Suggestions and Ideas
Visitors may submit suggestions, ideas, or questions, using the contact form at www.Maijintheartist.com/contact. By doing so, you acknowledge that we will be free to use, disclose, reproduce, modify, license, transfer and exploit any suggestions or ideas in any manner.
Limitation of Liability
We do not accept responsibility that the ‘Website’, its servers, or email sent from the ‘Website’ are free of viruses or other harmful components. We will not be liable for any damages of any kind arising from the use of the ‘Website’, including, but not limited to direct, indirect, incidental, punitive or consequential damages. Certain laws do not allow limitations as contained in this clause. If these laws apply, some or all of the above limitations may not apply to you and you might have additional rights.
Except as explicitly stated otherwise, all notices required from you under these Terms must be to www.maijintheartist.com/contact or to any other address(es) specified by this ‘Website’ from time-to-time, in its sole discretion.
Resolution of Disputes
If a dispute arises between you and this ‘Website’ or Drew ‘Maijin’ Lewis, you and this ‘Website’ or Drew ‘Maijin’ Lewis agree that the parties will resolve any such claim (a “Claim”) in accordance with one of the subsections below or as this ‘Website’ and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. You agree that regardless of any statute or law to the contrary, any claim or cause of action that you may have arising out of or related to these Terms or your use of this ‘Website’ must be filed within one (1) year after the claim or cause of action arose.
Law and Forum for Disputes – These Terms shall be governed in all respects by the laws of the State of California without regard to conflict of law provisions. You agree that any claim or dispute you may have against this ‘Website’ must be resolved by a court located in the State of California, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within the State of California for the purpose of litigating all such claims or disputes and waive any objection to such jurisdiction, including forum non conveniens.
Arbitration Option – For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, it shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions (the specific manner shall be chosen by the party initiating the arbitration); b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Improperly Filed Claims – All claims you bring against this ‘Website’ or Drew ‘Maijin’ Lewis must be resolved in accordance with this Resolution of Disputes Section. All claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, This ‘Website’ may recover attorneys’ fees and costs up to the greater of (i) its actual attorneys’ fees and costs; and (ii) $1,000, provided that this ‘Website’ has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
Subject To Change without Notice
You and all visitors, customers, users, affiliates, partners, and/or contributors of/to this ‘Website’ understand and agree 100% confirm during the term of, or after use of, or termination from this ‘Website’ that you will not make any statements, written or verbal, or cause or encourage others to make any statements, written or verbal, that defame, disparage or in any way negatively criticize the personal or business reputation, practices, or conduct of this ‘Website’ or the owner, contributors, users, company, or any online and offline aliases associated. You acknowledge and agree that this prohibition extends to statements, written or verbal, made to anyone online or offline, including but not limited to, the news media, forums, blogs, social networks, applications, publications, digital or physical goods or services, investors, potential investors, managers, any board of directors or advisory board or directors, industry analysts, competitors, strategic partners, vendors, employees (past and present), and current or prospective clients.
Liquidated Damages. In case of breach of this agreement, it is agreed that you will pay $1000.00USD to the damaged party for each link, statement, article, video, multimedia, image, blog, group, advertisement, post, and/or website proven to be damaging, defaming, or disparaging to the damaged party or company.
You understand and agree that this Paragraph is a material provision of this Agreement and that any breach of this Paragraph shall be a material breach of this Agreement, and that the damaged party would be irreparably harmed by violation of this provision. Nothing herein shall prevent you from testifying truthfully in connection with any litigation, arbitration or administrative proceeding when compelled by subpoena, regulation or court order to do so.
Whenever possible, each provision of this Agreement, will be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement is held to be invalid, illegal, or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other provision or any other jurisdiction, but this Agreement will be reformed, construed, and enforced in such jurisdiction as if such invalid, illegal, or unenforceable provisions had never been contained herein.
Updated September 2nd, 2014