MKISIO offers two basic forms of service use, that of content creator (the "Publisher") and that of content consumer (the "Subscriber"), each further defined below. These forms of service differ, hence the provisions of the TOS will frequently distinguish between them. Where specifically defined, some terms may be used interchangeably throughout the TOS.
Both Publishers and Subscribers agree to use the Services only for their own personal use, or for that of a legal entity which they have been duly authorized to act on its behalf. MKISIO Services may only be used in a manner which complies with all applicable laws, and both Publishers and Subscribers agree to accept full responsibility for any use which either does not comply with those laws or could be construed as non-compliance. MKISIO reserves the right to refuse Services or cancel existing Services for any non-compliance, adjudicated or otherwise. In any case where a Publisher or Subscriber is acting on behalf of an entity for which they have been legal authorized to act, that entity is also considered the Publisher or Subscriber for the purposes of this TOS. Neither Publishers nor Subscribers may transfer control over their account to any third-party without the expressed written consent of MKISIO, except where such Publisher or Subscriber is acting on behalf of a legal entity in a duly-authorized manner, and the third-party is also duly authorized to act on behalf of that entity.
Both Publishers and Subscribers agree not to share account access credentials with third-parties, and accept full responsibility for any actions taken with respect to the Service that is associated with their account. Account holders are responsible for the security of their account credentials.
MKISIO has no control over, and assumes no responsibility for the content, accuracy, privacy policies, or practices of or opinions expressed in any Publisher Newsletter. Further, Publishers' Newsletters may contain advertising, tracking codes, and links to third party websites or services that are not owned or controlled by MKISIO. When a Subscriber retrieves a Newsletter, either via an email client or the MKISIO Reader, they may gain access to third party websites or services for which they acknowledge the risks in doing so. MKISIO cannot and will not monitor, validate, edit and/or censor any Newsletter content, and both Publishers and Subscribers agree to release and hold harmless MKISIO from any and all liability that arise from the creation and/or use of any and all Newsletter content.
Publishers are required to provide a Publication Licensing Agreement ("PLA") that Subscribers must agree to. The PLA represents the entire agreement between Publisher and Subscriber, and MKISIO is not responsible for PLA terms and conditions, including but not limited to the handling of personally identifiable information ("PII"). Both Publishers and Subscribers agree that MKISIO shall not be responsible or liable for any loss or damages of any nature incurred as the result of the Publisher/Subscriber relationship as defined in any PLA, and further agree to hold MKISIO harmless for any disputes that may arise related to the relationship and/or any PLA.
In the event a dispute does arise between Publishers and Subscribers, or between Publishers or between Subscribers, MKISIO is not obligated to intervene and/or become involved in such disputes. Publishers and Subscribers agree to indemnify and hold harmless MKISIO, its officers, directors, employees, contractors and their successors from all liability that may arise now or in the future for any such disputes.
Publishers and Subscribers acknowledge that MKISIO owns the Services being used, but not the information distributed via the Services as a result of their actions. Information distributed via the Service within Newsletters, including but not limited to text, photos, images, illustrations and other graphics is protected by copyright and/or other intellectual property laws. Both Publishers and Subscribers agree to abide by all copyrights, trademarks, and other intellectual property rights, and further agree not to copy, reproduce, modify, translate, transmit, publish, broadcast, or otherwise distribute information not owned by them in any way that violates the rights of the owner without the prior written consent of the owner.
Subscribers have the right to subscribe to any Open Publication, and request an invitation to any Publication openly presented as Invite-only. Additionally, Subscribers have the right to unsubscribe to any Publication they are subscribed to, at any time. Publishers have the right to unsubscribe any Subscriber to Publications in their control that are free of charge, and reject invitation requests from any Subscriber.
Publishers and Subscribers are solely responsible for the information posted to MKISIO Services, including but not limited to the contents of Newsletters, newsletter beedback and exchange of internal messages, and agree to use all such information at their own risk. Publishers and Subscribers represent and warrant that they have all rights necessary to post the information they contribute, in any such manner they contribute it in connection with the Services. MKISIO does not control this information and has no duty to take any action regarding how either Publishers or Subscribers use the information or what actions they may take as a result of having used the information. MKISIO is not liable for errors or omissions in such information or for any damages or loss that may be suffered in connection with it, and both Publishers and Subscribers release us from all liability, consequential or inconsequential, that may be incurred in conjunction with use of any such information.
MKISIO does not directly verify the accuracy of PII submitted by either Publishers or Subcribers. It is the responsibility of those users to keep PII accurate and up-to-date, and represent that they are who they say they are. MKISIO is not liable for damages that may be incurred as the result of inaccuracy or misrepresentation of PII by Publishers and/or Subscribers. Publishers and Subscribers agree to indemnify and hold harmless MKISIO for liability that may be incurred from misuse of PII, or any unauthorized access gained as a result of such misuse.
Publishers are responsible for paying, withholding, filing, and reporting all taxes, duties, and other assessments associated with activity on MKISIO.
Basic MKISIO Publisher Service, including the ability to publish a newsletter with limited frequency to a limited number of subscribers, is available free of charge. Upgraded Service, including increased subscriber and sending levels, is available for a monthly charges as noted on the home page of this website and within the MKISIO system. Additional features and service levels are also available a la carte within the MKISIO system, for a monthly charge.
Basic Subscriber accounts are made available free of charge. Additional features are also available a la carte within the MKISIO system for a monthly charge.
Publishers may opt to add the ability to charge for their Newsletters, an a la carte offering from MKISIO for a monthly charge. Monthly subscription charges for paid Publications are set at the discretion of the Publisher. MKISIO will collect Newsletter subscription charges on the Publisher's behalf through MKISIO's third-party payment processor of choice, net processing fees plus a set commission from collected subscription charges, and forward proceeds to Publishers on a monthly basis.
Charges for MKISIO services and Publishers' newsletters are set by MKISIO and the Publisher, respectively, and are subject to change without notice. However, those charges are fixed at initiation of the Service or subscription, and are not not applied to existing active Services or subscriptions retroactively as long as the purchaser of the Service or subscription maintains a payment method in good standing. If the purchaser of a Service cancels that service, they may be subject to new prices if they later decide to reinitiate that service. If a Subscriber unsubscribes to a paid Newsletter, they may resubscribe at the initial price for up to thirty (30) days.
If a Publisher or Subscriber cancels any Service or subscription, they will receive a pro-rata credit to their account for the unused portion of that Service or subscription. If they reinitiate that same Service or subscription during the same billing period, the credit will be voided. Refunds of unapplied credits are refunded at the ending of the billing period.
Submitters of content agree that the license granted is provided irrevocably, perpetually, and royalty-free worldwide. The license does not extend to users of the content. For example, a Subscriber may forward the contents of a Newsletter they receive to a third-party. Such sharing is subject to the PLA between Publisher and Subscriber, and licensees hereby agree to indemnify and hold harmless MKISIO for any damages or loss that may occur as a result of any violation of a PLA.
The Digital Millennium Copyright Act (the “DMCA”) provides a mechanism for online service providers such as MKISIO to remove content that may infringe others copyright. Content distribution via MKISIO services occurs via email, and access to specific newsletter contents via the MKISIO Reader is provided individually to Subscribers. MKISIO respects the intellectual property rights of others, and we reserve the right to delete and/or disable access to allegedly infringing content that may be accessible via the MKISIO Reader. We do not accept responsibility for, nor have the ability to, delete and/or remove potentially infringing content that may reside in Subscriber email inboxes, as we have no control over those contents. Should any Subcriber feel they have received potential infringing content, they agree to first contact the Publisher. Should the Publisher fail to respond, or alledged infringement continues, please contact MKISIO via email at firstname.lastname@example.org. Include the following in the communication:
If the Publisher does not delete the infringing content that is the subject of a valid complaint and/or continues to infringe on the copyright of others, MKISIO reserves the right to delete the content and/or terminate the Publisher's account. Additionally, if a Publisher believes that they are the subject of an invalid complaint, either prior to or after allegedly infringing content has been removed, they may provide the same information as noted above and MKISIO will evaluate it on a case by case basis.
In order to enhance the Services, MKISIO may have to change the scope or substance of the TOS to reflect those enhancements. As a result, MKISIO reserves the right to change the TOS at any time. Any changes will be conspicuously noted within the TOS for a period of time, and advance notice of such changes provide to all Publishers and Subscribers via either email or internal message. If you disagree with modifications to the TOS, you you may reject them, but you will no longer be able to use the Services. Your continued use of the Services after the effective date of the TOS or any modification within constitutes your acceptance of any such modifications and the TOS in its entirety. No other modifications to the TOS are effective except where agreed upon between MKISIO, Publishers and Subscribers, except in writing and agreed upon by all parties.
Publishers and Subscribers may cancel their accounts at any time by contact us at email@example.com. MKISIO also reserves the right to suspend access to or terminate any account for any reason and at any time. If we do so, we will provide you with advance notice of our decision, including the reasons thereof, prior to such suspension or termination. MKISIO reserves the sole right to determine any breach of these TOS, and take appropriate action in its own discretion.
We are under no obligation to enforce the TOS on your behalf against another user. While we encourage you to let us know if you believe another user has violated the TOS or any PLA, we reserve the right to investigate and take appropriate action at our sole discretion.
You agree to indemnify, defend, and hold harmless MKISIO, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents, contractors and representatives of each of them (collectively, the “MKISIO Entities”) from and against any and all third party claims, actions, demands, losses, damages, costs, liabilities and expenses (including but not limited to attorneys’ fees and court costs) arising out of or relating to: (i) your access to or use of the Service, including Publisher content, (ii) your violation of the TOS, (iii) your breach of your representations and warranties provided under the TOS, (iv) any products or services purchased or obtained by you in connection with the Service, (v) your products or services, or the marketing or provision thereof to end users, or (vi) the infringement by you, or any third party using your Account, of any intellectual property or other right of any person or entity. MKISIO reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of MKISIO. MKISIO will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE MKISIO ENTITIES TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. BY ACCESSING OR USING THE SERVICE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.
THE SERVICE AND SERVICE CONTENT ARE MADE AVAILABLE TO YOU ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, WITH THE EXPRESS UNDERSTANDING THAT THE MKISIO ENTITIES MAY NOT MONITOR, CONTROL, OR VET PUBLISHER OR OTHER CONTENT. AS SUCH, YOUR USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK. THE MKISIO ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, COMPLETENESS, ACCURACY, OR RELIABILITY OF THE SERVICE, ITS SAFETY OR SECURITY, INCLUDING WITHOUT LIMITATION THE SECURITY OF YOUR DATA, OR THE SERVICE CONTENT. ACCORDINGLY, THE MKISIO ENTITIES ARE NOT LIABLE TO YOU FOR ANY PERSONAL INJURY, LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE SERVICE’S INOPERABILITY, DEPLETION OF BATTERY POWER OR OTHER IMPAIRMENT OF DEVICES USED TO ACCESS THE SERVICE, SERVICE UNAVAILABILITY, SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE CONTENT OR OMISSION OF CONTENT, METRICS OR OTHER FEATURES FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE SERVICE.
THE MKISIO ENTITIES MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS PUBLISHER CONTENT THAT MAY OFFER GOODS OR SERVICES THROUGH THE SERVICE, OR THE SERVICE’S USERS. ACCORDINGLY, THE MKISIO ENTITIES ARE NOT LIABLE TO YOU FOR ANY PERSONAL INJURY, LOSS OR DAMAGE THAT MIGHT ARISE FROM ANY SUCH THIRD PARTY’S ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ANOTHER USER OR ANY SOFTWARE OR SERVICE (E.G. EMAIL CLIENTS) YOU MAY EMPLOY IN CONJUNCTION WITH THE SERVICES. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SERVICE IS AT YOUR OWN DISCRETION AND RISK.
YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICE, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO AND/OR USE OF THE SERVICE.
THE MKISIO ENTITIES’ MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICE OR THESE TERMS IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO THE MKISIO ENTITIES IN CONNECTION WITH THE SERVICE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (ii) $100. IF YOU ARE A PUBLISHER, YOU AGREE THAT THE MAXIMUM AMOUNT WILL BE REDUCED BY ANY EARNINGS YOU HAVE RECEIVED FROM MKISIO FROM THE SALE OF PAID PUBLICATIONS DURING THOSE SAME 12 MONTHS. FOR THE PURPOSE OF CALCULATING ANY SUCH EARNINGS, NET AMOUNTS DEPOSITED IN PUBLISHER PAYMENT ACCOUNTS SHALL BE USED.
THE MKISIO ENTITIES’ LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE MKISIO ENTITIES WILL NOT BE LIABLE FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS OR REVENUE, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, (v) LOSS OF INFORMATION OR DATA. THE WAIVERS AND LIMITATIONS SPECIFIED HEREIN WILL SURVIVE AND APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.
EXCEPT FOR EXCLUDED CLAIMS (DEFINED BELOW), ANY CLAIM, CAUSE OF ACTION, REQUEST FOR RELIEF OR DISPUTE THAT MIGHT ARISE BETWEEN YOU AND MKISIO (“CLAIMS”) MUST BE RESOLVED BY ARBITRATION ON AN INDIVIDUAL BASIS; YOU AND WE AGREE THAT EACH MAY BRING OR PARTICIPATE IN CLAIMS AGAINST THE OTHER ONLY IN OUR RESPECTIVE INDIVIDUAL CAPACITIES, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. UNLESS BOTH YOU AND MKISIO AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. YOU AND MKISIO EXPRESSLY WAIVE THE RIGHT TO TRIAL BY A JURY.
“Excluded Claims” are defined as follows: (a) Claims brought by you or MKISIO that could be brought in small claims court, if permitted by the rules of that court, or (b) Claims related to intellectual property, or a breach of Representations and Warranties above. Excluded Claims may be brought in court. Any issues relating to the scope and enforceability of the arbitration provision will be resolved by the arbitrator. If any Claim cannot be arbitrated in accordance with this provision, then only that Claim may be brought in court and all other Claims remain subject to arbitration.
Excluded Claims and Claims that cannot be arbitrated must be brought in court. Colorado law will govern these Terms (to the extent not preempted or inconsistent with federal law), as well as any such Excluded Claim or Claim that cannot be arbitrated, without regard to conflict of law provisions. You or MKISIO may seek relief in any small claims court of competent jurisdiction. All other Excluded Claims and Claims that cannot be arbitrated are subject to the exclusive jurisdiction in, and the exclusive venue of, the state and federal courts located within the County of Denver, Colorado and you consent to the personal jurisdiction of these courts for the purpose of litigating any such Claim.
Arbitration shall be administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules then in effect. For more information, visit www.adr.org. Arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator may award damages to individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy individual claims. Unless the arbitrator finds the arbitration was frivolous or brought for an improper purpose, MKISIO will pay all filing, AAA, and arbitrator’s fees and expenses up to a maximum limit of $50,000. MKISIO waives any right to seek an award of attorneys’ fees and expenses in connection with any non-frivolous arbitration.
You agree that any subpoena, third-party discovery request, or other third-party process directed to MKISIO must issue from, or be domesticated by, the state or federal courts located the County of Denver, Colorado and you agree to submit to the jurisdiction of each of these courts for any related proceedings.
MKISIO participates in the Brave Rewards program, exclusive of Brave advertising. To view the associated Basic Attention Token Publisher Terms of Service, click here.
Provisions of these TOS that by their nature should survive termination of these TOS, shall survive termination. For example, any obligation a Publisher or Subscriber has to indemnify or hold harmless MKISIO, limit the liability of MKISIO survive termination. Additionally, any terms regarding the ownership of intellectual property rights shall survive.
You and MKISIO agree that these TOS are the complete and exclusive statement of the mutual understanding between you and MKISIO, and that it supersedes and cancels all previous written and oral agreements, including PLAs where applicable, communications and other understandings relating to the subject matter of these TOS. You hereby acknowledge and agree that you are not an employee, agent, or partner of MKISIO, and you do not have any authority of any kind to bind MKISIO in any respect whatsoever. You and MKISIO agree there are no third party beneficiaries intended under these TOS.