Terms of Service

Written on February 11, 2020. Updated on: Updates February 12, 2020

By using JessAndz.com, you agree to these Terms of Service. If you do not accept these Terms, do not use this website in any way.

1. Introduction

  1. JessAndz.com (hereinafter, “JA,” “we,” “us,” or “our”) is the personal blog and art featuring tool for the pen name Jess Andz, 2D artist and game developer. Additional services are 2D art design for third parties (collectively, the “Services”).
  2. These Terms of Service (“Terms” or “Agreement”) form a binding legal agreement. You represent, warrant, and agree (a) that you have the full power and authority to enter into and perform under these Terms, or (b) if you are using our Services on behalf of an organization, entity, or group that you are authorized to accept these Terms on such organization’s, entity’s, or group’s behalf.
  3. Updates to the Terms. We reserve the right to make changes to these Terms at any time in our sole discretion. If we make changes to these Terms, we will provide notice of such changes by revising the date at the top of these Terms. Your continued use of our Services following notification of changes will constitute your acceptance of such changes. Please periodically review these Terms and check for any updates.

2. Content

  1. JA may enable you to post text, images, video or sound (“Content”) to or through the Services for the purpose of guest posting.
  2. You are fully responsible for and retain all rights to and ownership of your Content. JA does not – and cannot – warrant or guarantee the security of your Content.
  3. For the sole and limited purpose of providing you the Services, you hereby grant to JA a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to access, use, copy, modify, publicly display, publicly perform, reproduce, translate, create derivative works from, and distribute Content, in whole or in part.
  4. You represent, warrant, and agree that Content shall not (a) infringe, misappropriate, or violate any patent, copyright, trademark, trade secret, confidentiality, moral, or privacy right, or any other proprietary or intellectual property right; (b) violate or promote the violation of any law; (c) be defamatory, fraudulent, false, misleading, or deceptive; (d) constitute spam, phishing attempts, “chain letters”, “pyramid schemes”, or similar unethical marketing or advertising; (e) be pornographic, vulgar, exploitative of children, or otherwise obscene; (f) include sex/adult-themed products, services, or other material; or (g) promote violence, discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group.
  5. JA may, in its sole discretion, alter, remove, or refuse to display any Content that is in violation of these Terms.

3. Submissions

  1. Separate and apart from Content, we welcome questions, comments, suggestions, and ideas about JA and our Services (“Submissions”). If you provide a Submission, whether by email or otherwise, you agree that it is non-confidential (unless we state otherwise in writing) and shall become the sole property of JA.
  2. JA shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of Submissions for any purpose, commercial or otherwise. You agree that JA is not obligated to provide acknowledgment or compensation to you in exchange for Submissions.

4. Acceptable Use

  1. You agree to use our Services in compliance with applicable local, state, national, and international laws and regulations. Please review our Privacy Policy as applicable.
  2. You are responsible for and must provide all telephone, computer, hardware, internet connections, and any other equipment and services necessary to access the Services.
  3. You agree not to perform, attempt to perform, or encourage or assist others in performing any of the following while accessing or using the Services: (a) use, display, mirror, or frame the Services or any individual element within the Services; (b) access or tamper with non-public areas of the Services; (c) test the vulnerability of any system or breach any security or authentication measures; (d) circumvent any measure implemented to protect the Services; (f) modify, decompile, disassemble, reverse engineer, tamper with, or attempt to derive the source code of any part of the Services; (g) interrupt, damage, destroy, or limit the functionality of the Services; or (h) host, upload, or in any way transmit malware, viruses, or any other malicious code or activity.

5. JessAndz’s Property

  1. The Services are the property of JessAndz.com. Without limiting the generality of the foregoing, all rights, title, and interest in and to the Services, including any and all artwork, graphics, images, literary work, source and object code, computer code (including html), applications, audio, music, video and other media, designs, animations, interfaces, documentation, derivatives and versions thereof, the look, feel, and arrangement of the Services, data, interactive features and objects, advertising and acquisition tools and methods, logos, domains and other proprietary identifiers, whether or not registered and/or capable of being registered, and any derivations thereof are owned by and/or licensed to JA.
  2. We may, in our discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion of our Services.

6. Copyright and Infringer Policy

  1. In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, LessAndz has adopted a policy of terminating our Services, in appropriate circumstances and in our sole discretion.
  2. If you believe that anything on the Services infringes upon any copyright which you own or control, you may file a notification of such infringement to contact@jessandz.com
  3. Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

7. Third-Party Services

  1. The Services may display or permit linking or other access to or use of third-party content, promotions, websites, apps, services, and resources (collectively “Third-Party Services”) that are not under JA’s control. Third-Party Services are available only as a convenience to you, and we are not responsible for the products, services, or other content that are available from Third-Party Services. You acknowledge that any Third-Party Services that you use in connection with the Services are not part of the Services and are not controlled by JessAndz.com, and you take sole responsibility and assume all risk arising from your interaction with or use of any Third-Party Services.
  2. You also acknowledge that these Terms and the JessAndz Privacy Policy do not apply to any Third-Party Services. You are responsible for reading and understanding the terms and conditions and privacy policy that applies to your use of any Third-Party Services. Reference to any Third-Party Services by JessAndz.com does not necessarily constitute or imply endorsement, sponsorship, or recommendation thereof by JessAndz.

8. Termination

  1. If you are in breach of these Terms or any other policies, terms, or agreements JessAndz has in place from time to time, JessAndz may, immediately and at our option (a) terminate your access to the Services and your Account and/or (b) suspend your access to the Services and/or your Account. In either of these instances, you are not permitted to register for another Account or access the Services without our prior written permission.
  2. The Services and these Terms may be terminated by either party for convenience by giving the other party fourteen (14) days prior written notice.
  3. Upon any termination, expiration, discontinuance, or suspension of these Terms or the Services, any provision that, in order to give proper effect to its intent, should survive the termination, expiration, discontinuance, or suspension of these Terms or the Services, will survive such termination, expiration, discontinuance, or suspension of these Terms or the Services.

9. DISCLAIMER OF WARRANTIES

EXCEPT AS OTHERWISE SET FORTH IN THESE TERMS, ALL SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND JESSANDZ HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHER, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WITHOUT LIMITING THE FOREGOING, JESSANDZ.COM MAKES NO WARRANTY OF ANY KIND THAT THE SERVICES, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET CLIENT’S OR ANY OTHER PERSON’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE.

10. LIMITATION OF LIABILITY

  1. NEITHER JESSANDZ.COM, ITS OWNERS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, CONTRACTORS, AFFILIATES, SUPPLIERS, OR LICENSORS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, OR LOSS, THEFT OR DESTRUCTION OF DATA OR CONTENT, OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY.
  2. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, THE LIMITATIONS OF SECTIONS 9 AND 10 WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY LAW.

11. Dispute Resolution

  1. PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES WITH JESSANDZ AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.
  2. We want to address your concerns without resorting to a formal legal case. Before filing a formal legal claim against JessAndz.com, please contact us at contact@JessAndz.com. We’ll try to resolve the dispute and address your concerns. If a dispute is not resolved within 15 days after submission, you or JessAndz.com may bring a formal proceeding as set forth in this Section 11.
  3. Any dispute, controversy, or claim arising out of or relating to the Services or these Terms, or the breach thereof, shall be exclusively settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof; provided, however, that you and JessAndz.com are not required to arbitrate any dispute in which either party seeks equitable or injunctive relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, or other confidential information or intellectual property.
  4. You and JessAndz agree that arbitration will occur exclusively in Miami, Florida, and that arbitration will be conducted confidentially by a single arbitrator.

16. Miscellaneous

  1. Our Privacy Policy is incorporated herein by reference and, together with these Terms, constitute the entire agreement of the parties and supersede all prior and contemporaneous understandings between the parties regarding their collective subject matter.
  2. You may not assign any of your rights or obligations under these Terms without prior written consent from JessAndz. JessAndz may assign any or all of its rights under these Terms, in whole or in part, without obtaining your consent or approval.
  3. Our failure or delay in exercising any right, power, or privilege under these Terms shall not operate as a waiver thereof.
  4. The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect.