Terms & Condtions
This site in its entirety is owned by JessaKae, LLC a Utah Limited Liability Company doing business as “JessaKae.” Reference to the terms “JessaKae”, “us”, the “Company” and “we” collectively refer to all the corporate embodiments and affiliations owned by JessaKae, LLC.
DEFINED SITE TERMS
For purposes of this Agreement, the following terms shall have the meaning ascribed to them as defined below:
“Intellectual Property” means any invention, idea, discovery, concept, trade name, trademark, copyright, patent, right of publicity, mask work or any other material subject to, protected under state, federal, or foreign patent, copyright, trade secret, trademark, rights of publicity, or similar laws.
“Intellectual Property Rights” means, with respect to any data, device, or other asset of any kind, all copyright, patent, trade secret, database, moral, termination, authorship and other proprietary rights relating to any such data, device, object code, source code or other asset including, without limitation, all rights necessary for the worldwide development, manufacture, modification, enhancement, sale, licensing, use, reproduction, publishing and display of such data, device, object code, source code or other asset.
“User” means any person who legally creates an account subject to the rules and conditions of this Agreement and is registered to post content on the Site(s).
“User Account” means a valid legal account created by a User on this Site. Per the present terms and conditions, only one (1) user account may be created per person.
1. SERVICE USE REQUIREMENTS.
A. Age Restrictions. The Services provided by JessaKae are only available to individuals 13 years or older. However, a legal parent or guardian may establish an account for an individual 13 years or under with the understanding that they will supervise said minor’s use of the services. A legal parent or guardian, who establishes an account for a minor as described above, should remind the minor about the dangers of conversing with strangers or exchanging any personal content.
JessaKae does not collect, use or disclose personal information from minor children under 13 years of age without verified parental consent.
B. Use Limitations. You agree to use the Services for purposes only permitted by this Agreement, and to the extent permitted only by applicable law or regulation.
C. User Accounts and Devices. JessaKae reserves the right to limit the number of accounts created from a particular device and the numbers of devices associated with a user account.
D. Service Availability. JessaKae’ services and its related features may not be available in all languages and/or all countries. Given this possibility, JessaKae makes no representation that its services and related features are appropriate or available for use in any specific location. In your election to use and access the services, you do so upon your own initiative and compliance with local laws.
E. Changes to Services. JessaKae reserves the right to change, modify, or adjust the terms of this Agreement in its sole discretion and at any time. JessaKae will make best efforts to communicate such changes, modifications, and/or adjustments to the Agreement terms to you. Continued use of the services after changes, modifications, and/or adjustments to this Agreement constitutes your consent to the revised terms. If you do not agree to JessaKae’s changes, modifications, and/or adjustments to the terms of this Agreement then you can promptly terminate the services.
2. SERVICE FEATURES
A. Merchandise Purchases—(Terms of Sale and Risk of Loss). JessaKae website(s) allow a registered user the ability to purchase specific merchandise through our online store. We solely determine what merchandise will be sold through our site as well as all pricing discounts, offers, incentives, coupons and coupon codes that we may offer from time to time. For every order you place, you are (i) offering to purchase a product, (ii) representing that you are of legal age to enter and execute a legally binding contract in the United States, and (iii) representing that all information you provide to us in connection with such order is true and accurate including the method of payment(s) and payment instrument. The receipt by you of an order confirmation does not constitute a formal acceptance by JessaKae. We retain the right to refuse any request to purchase made by you for any reason whatsoever.
Prior to JessaKae accepting any order, we have right to verify any information you send to us. JessaKae reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from us. In its sole discretion, JessaKae reserves the right to limit the number of items ordered and to refuse service to you without prior notification. In the event that an item lists an incorrect price, either due to typographical or other error, JessaKae shall have the right to refuse or cancel any such order placed for the incorrect price, regardless of whether the order is being or has been processed. If payment has already been made or if your account has already been charged for the purchase and the order is cancelled, JessaKae shall credit your account in the amount of the incorrect price.
We make every effort possible to display as accurately as possible the colors of our products that appear on the Web site; however, the actual color you will see will depend on many factors, including the lighting conditions under which the picture was taken and the resolution of your computer monitor, and we cannot guarantee that your computer will accurately display our colors. Descriptions used for colors may be "poetic" and not match exactly what you picture based on the color name. Products are available while supplies last. All prices and products advertised are subject to change. All prices displayed on the Services are quoted in U.S. dollars.
THE RISK OF LOSS AND TITLE FOR PRODUCT(S) PURCHASED BY YOU PASS TO YOU UPON OUR DELIVERY OF THE PRODUCT(S) TO THE CARRIER. We do not offer refunds if you fail to receive a product after we deliver it to the carrier. If you fail to receive a product with 7 business days, please contact us at firstname.lastname@example.org.
3. INTERNATIONAL ORDERS
if actual shipping costs exceed the amount to ship your order JessaKae reserves the right to cancel the order or to request additional funds (invoiced via PayPal) to cover the overage amount to ship the order.
If you are an international customer, you accept the following terms when you place an order:
"By placing this order I accept the Terms of Service and authorize JessaKae to import the goods on my behalf and in my name"
Any expenses due at customs (taxes and duties fees) are the customer's responsibility. Please contact your local customs office or use an online tool (i.e. https://www.dutycalculator.com/iframe-calculation) to calculate the approximate fees that you may incur. Please email us at email@example.com if you have any questions.
4. ACCOUNT REGISTRATION
In order to fully enjoy the JessaKae services you must become a registered user by establishing a valid Account. You agree and acknowledge that you will take precautionary measures to secure your Account and its confidentiality. In the event your confidentiality measures are breached or compromised, you agree to notify JessaKae immediately. Although JessaKae will exercise reasonable care with respect to our security protocols, JessaKae is not personally responsible for losses that may arise from the unauthorized use of your Account.
In order to access and use our services, you must enter your email and password to authenticate the Account. You agree to refrain from using a username that is the name of another person other than you or selecting a username that is not lawfully available to use, or violates any trademark or copyright. Usernames that are vulgar, obscene, or offensive will violate the terms of this Agreement and result in Account termination.
Although we take reasonable measures to protect our Account holders, you expressly agree that you and you alone are responsible for any activity in your Account whether or not authorized by you, including purchases made using any payment instrument (for example, PayPal, credit card, or social network or platform virtual currency). We provide the online shopping community and Community Platform but you must provide the necessary equipment (phone, computer, tablet device, etc.) and pay any associated fees.
5. USER CONTENT AND CONDUCT
A. Content. For purposes of this Agreement, “Content” shall mean any information that may be encountered and/or generated via the use of our Services. This includes but is not limited to photographs, written text, graphics, data files, messages, reviews, suggestions, and device characteristics. Given this definition and provided examples, you agree and acknowledge that you are solely responsible for the Content originated by you whether it is privately transmitted or publicly posted via our Services. You acknowledge and agree that by using our Services you may encounter Content that you may deem to be inappropriate, offensive, indecent, or objectionable. By the same token, you agree that the Content you may generate or disseminate may be objectionable to others. Due to this phenomenon, JessaKae does not control said Content no matter how it is generated or disseminated. As such, you agree that your use of our services is at your own election and resident risk.
B. User Conduct. By agreeing to the terms of this Agreement, you expressly agree to refrain from using our Services in the manner described below to:
1) engage in any act that would result in copyright infringement or other intellectual property infringement (including but not limited to trade secret, trade dress, or other confidentiality agreements);
2) misrepresent your identity (including misappropriation of another’s image(s), celebrity, charitable or employment group, etc.). JessaKae reserves the right to immediately block any attempt to register a user Account that is a misrepresentation of identity;
3) generate or make available Content that is unlawful, harmful, defamatory, tortious, abusive, invasive of one’s privacy, obscene, vulgar, and/or objectionable as determined by JessaKae (including using the means described to stalk, harass, or intimidate another);
4) request as an adult user the personal information from a minor (anyone under the age of 18 or as properly defined by local law) who is not known to you. Examples of personal information include but are not limited to minor’s home address, full name, postal code or similar identifier, phone number, photographs, school, social affiliations, etc.;
5) upload onto the Services and transmit via any means material(s) that contain harmful viruses or programs intended to interfere or disrupt the normal function of the Services or any computer hardware or software;
6) engage or plan any illegal activity and/or store and collect personal information of users of the services for any prohibited activities as described in this Agreement.
C. Content Removal. JessaKae does not claim any responsibility for the Content that others may provide nor is JessaKae bound to pre-screen all Content submitted via the Services. However, JessaKae reserves the right in its sole discretion to monitor, screen, move, delete, modify and/or remove Content it determines to be in violation of this Agreement.
D. Access to User Account and Content. JessaKae intends to enforce this Agreement to the full extent provided by law. As part of that process, JessaKae reserves the right to verify and enforce compliance with this Agreement by you. You expressly agree and consent to these efforts by acknowledging that JessaKae has the right without limitation to use, access, store and/or disclose your Account information and related Content to proper law enforcement authorities, government entities and/or officials, and/or proper third parties that JessaKae believes is necessary in order to: 1) comply with a valid legal process or request; 2) prevent, detect, or identify fraud or technical issues; 3) enforce the terms of this Agreement including any necessary investigation thereof; and 4) protect the rights of JessaKae, its users, a third party(ies), or the public as permitted by law.
E. Digital Millennial Copyright Act. JessaKae makes every reasonable effort to ensure that its users and their content conform to proper Copyright standards. If you believe that any Content that you claim Copyright to has been infringed upon by anyone using our Services, please contact our Copyright Agent at firstname.lastname@example.org
F. Agreement Violations. In order to provide a harmonious environment for our users, JessaKae makes best efforts to remove inappropriate or objectionable Content that violates this Agreement. If you encounter inappropriate or objectionable Content while using our services, please report it to us at email@example.com
G. User Submitted Content via JessaKae Services
1. License from User to JessaKae. JessaKae does not claim ownership of the Content and/or materials you upload, submit, or disseminate via our services. Additionally, JessaKae does claim ownership of material that we may specifically license to you under the terms of this Agreement. In instances whereby you upload, submit, or disseminate your Content via our services and make the Content publicly accessible or accessible to users with whom you consent to share your Content, you expressly grant JessaKae a royalty-free, non-exclusive, worldwide license to distribute, use, reproduce, adapt, modify, translate, publish, publicly display and perform such Content. This license grant from you to JessaKae is solely for the purpose by which the Content was submitted or made available without any compensation to you whatsoever.
You acknowledge and agree that any Content in its entirety uploaded, submitted, or posted by you shall be your responsibility. Specifically, this means that you represent that you are the legal owner of this Content and have all relevant and necessary rights, licenses, and authorization to distribute it. Furthermore, you warrant and represent that said Content does not infringe upon the rights of other parties nor is the Content in violation of local law or authority.
H. Limited License from JessaKae to You. You are hereby granted a non-exclusive, limited and revocable license to view the Content on the Services, but only while accessing the Services. You agree that you are only authorized to visit, view and retain a copy of any websites or webpages of the Services for informational, non-commercial and your own personal use. Additionally, you understand and agree that you are strictly prohibited from duplicating, downloading, publishing, republishing, adapting, modifying, displaying, transmitting, or otherwise distributing the Content and/or the Services for any commercial use (whether for profit or not), or for any other purpose other than as may be expressly permitted in these Terms.
1. Copyright and Trademark(s). JessaKae and its related trademark(s), designs, logos, service marks, etc. are trademarks or registered trademarks of JessaKae, Inc. in the US and abroad where applicable. JessaKae does not grant you any right or license in its trademarks and you agree to not obscure, remove, or alter the JessaKae marks contained in any portion of the services.
All materials on the Services (as well as the organization and layout of the Services) are owned and copyrighted or licensed by JessaKae, its corporate affiliates or its third-party vendors. No reproduction, distribution, or transmission of the copyrighted materials on the Services is permitted without the written permission of JessaKae. Any rights not expressly granted herein are reserved by JessaKae.
A. User Termination. You may delete your user account and stop using the JessaKae services at any time.
B. JessaKae Termination. JessaKae may terminate or suspend all or a portion of your account and/or access to the services at any time and/or for any reason. Examples of typical reasons for termination include but are not limited to the following: (a) violations of this Agreement; (b) a request by you to terminate or cancel your services account; (c) a request and/or order from law enforcement or government entity; (d) unexpected technical or security issues or problems; and (e) your participation in illegal or fraudulent activities. Any account termination or suspension by JessaKae shall be made in its sole discretion and JessaKae will not be responsible to you and/or any third parties for alleged resulting damages whatsoever.
C. Termination Effects. Termination of your services account may result in the loss to all access to the services and any account portions thereof including Content. After a period of time, as determined by JessaKae, all data and information stored via your account shall be deleted.
7. LINKS AND THIRD PART MATERIALS
As part of our services and its resident features and functions, you may encounter materials from third parties and/or hyperlinks to other Content, resources, or web sites. Because we have no control over third parties and their related materials, you acknowledge and agree that JessaKae shall not be responsible or liable for any alleged damages you may have incurred either directly or indirectly.
8. PAYMENT TERMS
In order to enjoy our JessaKae Community Platform and services, you agree to make payment with appropriate currency when shopping in our online store.
Once you have created an appropriate account, you will be directed to our payment page whereby you will be alerted to payment options to access our online store.
9. BILLING SUPPORT
For billing support, please contact our technical support at firstname.lastname@example.org
10. DISCLAIMER OF WARRANTIES; LIABILITY LIMITATION
TO THE EXTENT PERMITTED BY LAW AND ALLOWED BY INDIVIDUAL JURISDICTIONS, JESSAKAE MAKES THE FOLLOWING EXCLUSIONS THAT MAY OR NOT APPLY TO YOU.
JESSAKAE DOES NOT REPRESENT, GUARANTEE, OR WARRANT THAT USE OF THE SERVICES WILL BE ERROR-FREE OR INTERRUPTED, YOU AGREE AND ACKNOWLEDGE THAT JESSAKAE MAY REMOVE THE SERVICES FOR UNDEFINED PERIOD OF TIMES, OR CANCEL THE SERVICES ACCORDING TO THE TERMS IN THIS AGREEMENT.
THE SERVICES PROVIDED BY JESSAKAE ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU AGREE AND ACKNOWLEDGE THIS FACT. IN TURN, JESSAKAE AND ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNER, AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
JESSAKAE DOES NOT GUARANTEE OR WARRANT THAT THE SERVICES WILL BE FREE FROM CORRUPTION, LOSS, VIRUSES, ATTACK, HACKING, INTERFERENCE, OR OTHER SECURITY INTRUSIONS. JESSAKAE DISCLAIMS ANY RELATED LIABILITY.
YOU AGREE AND ACKNOWLEDGE THAT YOUR DOWNLOADING OF ANY MATERIAL OBTAINED THROUGH THE SERVICES IS DONE AT YOUR OWN RISK. ANY RESULTING OR ALLEGED DAMAGES TO YOUR COMPUTER, DEVICE, OR DATA LOSS THAT RESULTS FROM SAID DOWNLOADING SHALL BE YOUR SOLE RESPONSIBILITY.
11. LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY LAW AND ALLOWED BY INDIVIDUAL JURISDICTIONS, JESSAKAE MAKES THE FOLLOWING EXCLUSIONS THAT MAY OR NOT APPLY TO YOU.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT JESSAKAE AND ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES (EVEN IF JESSAKAE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SERVICE (II) ANY CHANGES MADE TO THE SERVICE OR ANY TEMPORARY OR PERMANENT CESSATION OF THE SERVICE OR ANY PART THEREOF; (III) THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE AND/OR SEND OR RECEIVE YOUR TRANSMISSIONS OR DATA ON OR THROUGH THE SERVICE; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; AND (VI) ANY OTHER MATTER RELATING TO THE SERVICE.
As a requirement to use our services, you expressly agree to defend, indemnify, and hold JessaKae and its subsidiaries, affiliates, directors, officers, employees, agents, and licensors, harmless from any claim or demand thereof, including reasonable attorney’s fees, made by a third party, relating to or arising from: (a) any violation by you of this Agreement; (b) any Content in its entirety that you upload, transmit, or make available through the services; (c) your use of the services; (d) any violation that JessaKae determines through its reasonable investigations of a suspected violation(s) of this Agreement; or (e) your violation of another’s rights. This express waiver and indemnity provision applies to all violations described in or contemplated by this Agreement. This obligation shall survive the termination or expiration of this Agreement and/or your use of the services.
13. GENERAL PROVISIONS
A. Notice(s). As part of our regular update policies, JessaKae may provide you with notice regarding the Services, including changes made to this Agreement, via your email address provided to us, regular mail, or postings made to our application product. However, you acknowledge and agree to hold JessaKae harmless from any and all notification transmission errors.
B. Governing Law. This Agreement between you and JessaKae shall be governed by the laws of the State of Utah excluding its personal conflict of laws provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located in Salt Lake County, Utah to resolve all disputes, claims, or allegations arising from this Agreement.
C. Entire Agreement. This Agreement embodies the complete agreement in its entirety between you and JessaKae. This Agreement governs your use of JessaKae services and replaces any other prior agreements between you and JessaKae in relation to the services. In the event any of this Agreement is held to be invalid or unenforceable, that specific portion shall be construed to reflect the original intentions of the parties, and the remaining portions shall remain in full force and effect. If JessaKae does not exercise or enforce any right or provision of this Agreement then that does not constitute a waiver of such right or provision. You agree that there shall be no third-party beneficiaries to this agreement.
D. JessaKae as defined by this Agreement:
JessaKae, LLC located at 14548 S. 980 W. Suite 100, Bluffdale, UT 84065
E. Electronic Contracting. You acknowledge and agree that your use of the services includes your ability to enter into agreements or related transactions electronically. YOUR ELECTRONIC SUBMISSSION TO JESSAKAE ACKNOWLEDGES YOUR AGREEMENT AND INTENT TO BY BOUND BY THE TERMS OF THIS AGREEMENT IN ITS ENTIRETY. In order to access and store your electronic transaction records with JessaKae, you accept full responsibility for installing required hardware and software.