Terms of Service
Welcome to jadedstudiosshop.com. The jadedstudiosshop.com website (the “Site”) is owned and operated by Jaded Studios. Throughout this site, the terms “we,” “our,” and “us” refer to Jaded Studios. Jaded Studios offers this website, jadedstudiosshop.com, including all services, information, and tools available from this site to you, the user, conditional upon your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms,” “Terms of Service,” “Agreement”). By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to follow and be bound to all such Terms.
Please read these terms carefully before accessing the Site, registering an account on the Site, or reviewing or commenting on any information or blog posts on our website, so that you (“Customer,” “User”) are aware of your legal rights and obligations with respect to Jaded Studios and the jadedstudiosshop.com site. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.
Any new features, items, posts, or tools which are added to the current site will also be subject to the Terms of Service, and we reserve the right to update or modify these Terms at any time without prior notice. You agree that we shall not be liable to you or any third party of any modification, suspension, or discontinuance of the Sites, or any changes in service, content, product, or feature offered through the Site. If you want to make sure that you are up to date with the latest changes, we advise you to frequently visit this page.
Description of the Site
Jaded Studios and the jadedstudiosshop.com site are designed to offer calligraphy and hand lettering services for personal use, and information for hire on corporate or business use. Services include but are not limited to the purchase of hand lettered personalized items, greeting cards, and goods for personal use, as well as hand lettering and calligraphy services for public and private use at personal and/or business locations and/or events. The Site enables its users, visitors, and customers to view information related to services and products, the blog, and to comment on the Site blog posts, as well as receive newsletters with information and offers, and make purchases of related products. We reserve the right to refuse service to anyone for any reason at any time, and to impose limits on any products or services at our sole discretion and without notice or liability to anyone.
Site Content and Use
Unless otherwise noted, the Site and all content displayed on this website, including designs, illustrations, images, photographs, video clips, text, sounds, software, logos, and other materials, are the intellectual property of Jaded Studios or its suppliers, and are protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. The Site and its contents are intended solely for personal, non-commercial use. You will not modify, publish, transmit, reuse, republish, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Jaded Studios content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Jaded Studios and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Jaded Studios or our licensors except as expressly authorized by these Terms. As a condition of your use of the Site, you warrant to Jaded Studios that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All information posted is merely for informational purposes. It is not intended for medical or any other form of professional advice. Should you decide to act upon any information on this website, you do so at your own risk.
Personal Information and Privacy
If you use this site, you are responsible for maintaining the confidentiality of your account, account information including email address, user name, password, phone number, and mailing address and for any and all purchases, communications, and other activities that are conducted through your account. You agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Jaded Studios is not responsible for third party access to your account that results from theft or misappropriation of your account. Jaded Studios and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Online Store Terms
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, and that you are the age of majority in your state or province and have given us your consent to allow any of your minor dependents to use this site.
You understand that your content (not including credit card information) may be transferred unencrypted and involve transmissions over various networks, and/or changed to conform and adapt to technical requirements of connecting devices or networks. Credit card information is always encrypted during transfer over networks.
We reserve the right to modify or discontinue services or products (or any part or content thereof) without notice at any time. Products are for personal use only. You agree not to sell or resell any products you purchase on this Site.
Certain products or services displayed on the Site may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only through the Site according to our Cancellations and Refunds policy. We have made every effort to display as accurately as possible the colors and images of our products that appear on the Site. We cannot guarantee that your computer monitor’s display of any color will be accurate.
Jaded Studios reserves the right to limit the sales of our products or services to any person, jurisdiction, or geographic location at any time, and may exercise this right on a case-by-case basis. All descriptions of products or product pricing are subject to change without notice for any reason at any time. Any offer for any product or service made on the Site is void where prohibited.
We reserve the right to refuse any order placed with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. Such restrictions may include orders placed by or under the same customer account, the same credit card, and/
or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we will attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, distributors or diverters.
You agree to provide accurate, current, and complete purchase and account information for all purchases made at jadedstudiosshop.com. You agree to promptly update all account information, including your email and credit card numbers and expiration dates, so that we can complete your transactions in a timely manner and contact you as needed.
Your use of and purchases from Jaded Studios and jadedstudiosshop.com are subject to our Cancellations and Refunds Policy, located in the footer section of the Site (“Cancellations and Refunds”). Please review this policy for your reference.
User Comments, Feedback, and Other Submissions
Jaded Studios is pleased to hear from users and welcomes comments and feedback regarding products and services. The personal reviews, experiences, or opinions are those of the respective Customers and not of Jaded Studios, and should not necessarily be relied upon. Customers who post content are solely responsible for the accuracy and usefulness of any opinion or statement made on the Site. By way of example, and not as a limitation, you agree that when posting comments, feedback, or other submissions, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such communication service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the comments or submissions area of this Site; violate any code of conduct or other guidelines which may be applicable for any particular customer submission content; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations. We take no responsibility and assume no liability for any comments posted by you or any third party.
We may, but have no obligation to, monitor, edit, or remove content determined in our sole discretion to violate any party’s intellectual property or these Terms of Service. Jaded Studios reserves the right to terminate your access to any or all of the submitted at any time without notice for any reason whatsoever.
Jaded Studios reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any customer or user comment on the Site.
Materials uploaded to the Site may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Jaded Studios does not claim ownership of the materials you provide by email or to our Site (including feedback and suggestions) or post, upload, input or submit to any Jaded Studios Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Jaded Studios, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
If, at our request, you send certain specific submissions (for example contest entries) or without out a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments that you forward to us, and Jaded Studios shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments. Jaded Studios is under no obligation to post or use any Submission you may provide and may remove any Submission at any time at our sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Links to Other Web Sites and Services
Jadedstudiosshop.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Jaded Studios and Jaded Studios is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Jaded Studios is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Jaded Studios of the site or any association with its operators.
Certain services made available via jadedstudiosshop.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the jadedstudiosshop.com domain, you hereby acknowledge and consent that Jaded Studios may share such information and data with any third party with whom Jaded Studios has a contractual relationship to provide the requested product, service or functionality on behalf of jadedstudiosshop.com users and customers. Your use of third-party services and organizations is at your sole risk, and Jaded Studios will not have any liability or responsibility for third party websites, or any harm or damages related to the purchase or use of goods, services, or resources, content, or any other transactions made with third party websites. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
Visiting jadedstudiosshop.com or sending emails to Jaded Studios constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing. Signup for the Jaded Studios newsletter via Mailchimp will be governed by MailChimp privacy policies and terms.
Children Under Thirteen
Jaded Studios does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use jadedstudiosshop.com only with permission of a parent or guardian.
Jaded Studios respects the copyrights and intellectual property of others. If you believe your work has been copied in a way that constitutes copyright infringement, please send an email directly to firstname.lastname@example.org. Jaded Studios maintains, where required by law, a Digital Millennium Copyright Act that may be published on occasion on the Site.
Notice to California Users
Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.
The Service is controlled, operated and administered by Jaded Studios from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Jaded Studios Content accessed through jadedstudiosshop.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Jaded Studios, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Jaded Studios reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Jaded Studios in asserting any available defenses.
The information, products, services, and software included in or available through the site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Jaded Studios and/or its suppliers may make improvements and/or changes in the site at any time without prior notice (including after your order has been submitted).
Jaded Studios and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the site for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind. Jaded Studios and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, customer expectations, title and non-infringement.
Jaded Studios reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Jaded Studios as a result of this agreement or use of the Site. Our performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Jaded Studios’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Jaded Studios with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Jaded Studios with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Jaded Studios with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Should a dispute arise, Jaded Studios requires you to first contact us directly to seek a resolution by sending an email to email@example.com. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall first be submitted to mediation in Contra Costa County, California, by a mediator appointed by Jaded Studios. Both parties will share the costs of mediation. If the dispute is not resolved after attempted mediation in good faith, the matter shall be settled by a Contra Costa County court in California.
Except as otherwise provided in this Agreement or prohibited by law, the parties agree that any dispute or controversy arising out of, relating to or in connection with the interpretation, validity, construction, performance, breach or termination of this Agreement will be resolved by arbitration in Contra Costa County, California in accordance with the Federal Arbitration Act (“FAA”) and the rules of the American Arbitration Association (“AAA”) that are in effect at the time of this Agreement. If there is a conflict between the applicable AAA Rules and this Agreement, this Agreement will govern. Any award shall be final, binding and conclusive upon the parties. A judgment upon the award rendered may be entered in any court having jurisdiction thereof in Contra Costa County, California. Any lawsuits stemming from this Agreement shall be filed and heard in the District Court of Contra Costa County, California. Consenting to arbitration means that you waive your right to a jury trial. Arbitration must be conducted on an individual basis. As a result, neither party may (i) join or consolidate claims related to this agreement in arbitration by or against other parties; (ii) litigate in court a class action or other law suit; or (iii) arbitrate any claims as a representative or member of a class or in a private attorney general capacity.
Changes to Terms
Jaded Studios reserves the right, in its sole discretion, to change the Terms under which jadedstudiosshop.com is offered. The most current version of the Terms will supersede all previous versions. Jaded Studios encourages you to periodically review the Terms to stay informed of our updates.
Jaded Studios welcomes your questions or comments regarding the Terms:
PO Box 2161
El Cerrito, California 94530
Email Address: Info@jadedstudiosshop.com