Terms & Conditions

11062b_f0cd2b56e86443d68d21b6bc12fe055c_

AGREEMENT BETWEEN USER AND JESSIEKDESIGN.COM

Welcome to jessiekdesign.com.  The jessiekdesign.com website (the "Site") is comprised of various web pages operated by Bronze Studio LLC.  Aeliaprints.com is offered to you conditioned on your acceptance without modifications of the terms, conditions, and notices contained herein ("the Terms").  Your use of jessiekdesign.com constitutes your agreement to all such Terms.  Please read these terms carefully, and keep a copy of them for your reference.

jessiekdesign.com is an E-Commercie Site.

YOUR ACCOUNT

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and 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 jessiekdesign.com is not responsible for third party access to your account that results from theft or misappropriation of your account.  jessiekdesign.com and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Children Under Eighteen 

Jessie K Designs 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 jessiekdesign.com ONLY with permission of a parent or guardian.

LINKS TO THIRD PARTY SITES/THIRD PARTY SERVICES

Jessiekdesign.com may contain links to other websites ("Linked Sites").  The Linked Sites are not under control of Jessie K Design and Jessie K Design 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.  Jessie K Design is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Jessie K Design of the site or any association with is operators.  

Certain services made available via aeliaprints.com are delivered by third party sites and organizations.  By using any product, service of functionality originating from the aeliaprints.com domain, you hereby acknowledge and consent that Jessie K Design may share such information and data with any third party with whom Jessie K Design has a contractual relationship to provide the requested product, service or functionality on behalf of aeliaprints.com users and customers.

No unlawful or prohibited use/intellectual property

You are granted a non-exclusive, non-transferable, revocable license to access and  use aeliaprints.com strictly in accordance, with these terms of use.  As a condition of your use of the Site, you warrant to Jessie K Design 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 content included as part of. the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Jessie K Design or its suppliers and 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.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in party, found on the Site.  Jessie K Design 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 Jessie K Design 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 Jessie K Design or our licencors except as expressly authorized by these Terms. 

THIRD PARTY ACCOUNTS

You will be able to connect your Jessie K Design account to third party accounts.  By connecting your Jessie K Design account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites).  If you do not want information about you to be shared in this manner, do not use this feature.

international users

The Service is controlled, operated and administered by Jessie K Design 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 Jessie K Design Content accessed through aeliaprints.com in any country or in an manner prohibited by an applicable laws, restrictions or regulations.

indemnification

You agree to indemnify, defend and hold harmless Jessie K Design, 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 you 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. Jessie K Design 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 Jessie K Design in asserting any available defenses.  

ARBITRATION

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties.  The arbitrator's award shall be final, and judgement must be entered upon it any court having jurisdiction.  In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees.  The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions.  The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision.  The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator.  This arbitration provision shall survive the termination of these Terms and Conditions.

Class Action waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted.  THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST  THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN AN PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER.  Further, unless both you and Jessie K Design agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.  CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. AELIA PRINTS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

Jessie K Design 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.  OT 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.  Jessie K Design 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, TITLE AND NON-INFRINGEMENT.  

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Jessie K Design AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISIONS OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE,  OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF AELIA PRINTS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF TEH. POSSIBILITY OF DAMAGES, BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.  IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.  

TERMINATION/ACCESS RESTRICTION

Jessie K Design 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 Utah and you hereby consent to the exclusive jurisdiction and venue of courts in Utah 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 Jessie K Design as a. result of this agreement or use of the Site.  Jessie K Design' performance of this agreement is subject to existing laws and legal process, an nothing contained in this agreement is in derogation of Jessie K Design's right to comply with governmental, court and law enforcement request or requirements relating to you ruse of the Site or information provided to or gathered by Jessie K Design 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 provisions 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 Jessie K Design with respect to the site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Jessie K Design 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. 

The rights granted to you by these Terms will remain in force only for as long as these Terms remain in effect.  You may not rent, transfer, assign, commercially exploit, resell or sublicense access to the Service to any third-party.  You may use the Site and the Services only for your personal, non-commercial purposes.  You further agree not to combine or integrate the Site and the Services  with hardware, software or other technology or materials not provided by us.  You may not modify or create any derivative product based on the Site, the Site and the Services.  Except as stated herein, no part of the Site or Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means.  Any future release, update, or other addition to functionality of the Site or Services shall be subject to these Terms.  You agree not to use the Site and the Services to: (a) violate any local, state, national or international law: (b) stalk harass or harm another individual: (c) collect or store personal data about other users: (d) impersonate any person to entity, or otherwise misrepresent your affiliation with a person or entity: (e) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, polices or regulations of networks connected to the Services.  Without our written consent, you may not use any automated or electronic means to access the Services including (without limitations) robots, spiders, scripts to place pop-up windows over its pages, or otherwise affect the display of its pages.  You promise that any information about yourself that you voluntarily provide to us will be true, accurate, complete and current.  

Electronic Communications

Visiting aeliaprints.com or sending emails to Jessie K Design 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.  

BILLING

If we do not receive payment from your credit card provider or if your credit card expires or is rejected, you agree to pay all amounts due upon demand.  Following any such non-payment, we may require you to provide a second valid credit card before continuing to use our services.  You authorize us to charge outstanding fees and other amounts due to your credit card you have on file with us.  We reserve the right to take all steps necessary to collect amounts due from you, including but not limited to legal action and/or using third party collection agencies. 

You are solely responsible for any and all fees charged to your credit card by the issuer, bank, or financial institution including, but not limited to, membership, overdraft, insufficient funds, and over the credit limit fees. You agree to notify us about any billing problems or discrepancies within 90 days after they first appear on your credit card statement.  If you do not bring them to our attention within 90 days, you agree that you waive the right to dispute such problems or discrepancies.  We may modify the price, content, or nature of the services at any time.  At our sole discretion, we may grandfather in the prices of certain members based on factors such as sign up date, and good standing.  Jessie K Design will notify members receiving such grandfathered rates prior to the implementation of any price change. If we modify any of the foregoing terms, you may cancel your membership, and such cancellation shall be your sole remedy.  We may provide notice of any such changes by email, notice to you upon log-in, or by publishing them to the website.    

We will not be liable in the event your children or others acting with or without your permission use of your credit card, or other means of payment to make orders on services.  However, you may report any unauthorized use to us, and we will use reasonable measures within our control to help prevent future unauthorized use of your credit card or other payment method.  

RETURN AND CANCELLATION POLICY

Return Policy.  All sales are final and are nonrefundable.  

Exchanges. We do not accept any product exchange.

Damaged Products.  If the Product downloaded is damaged or not substantially as described on the Product information page, Jessie K Design will replace the product only in accordance with the Procedures below.  Provided that Jessie K Design confirms that your Product was a Damaged Product in accordance to the Procedures below, your sole and exclusive remedy is that (a) we will issue a replacement or (b) cancel your subscription.  All damaged products must be reported to Jessie K Design within 14 days after the Product shipment date.  All damaged products must be unused.  Claims must be reported by contacting customer service at jessiekdesign@gmail.com

User Participation

Jessie K Design reserves the right to use (but not limited to) any suggestions, comments, reviews, proposals, materials,  creative ideas, and/or comments  at any time, without restriction.   No obligation or compensation will be given.  Jessie K Design may, but have no obligation to monitor, edit and/or remove at our sole discretion content that we determine unlawful, threatening, pornographic, obscene,  offensive or violates and terms of services.  You may not use false e-mails, address, impersonate someone other than yourself.   You  have the sole responsibility to  update your personal information.  Jessie K Design is not responsible for any comments posted by you are by a third-party. 

Changes To Terms

Jessie K Design reserves the right, in its sole discretion, to change the Terms under which aeliaprints.com is offered.  The most current version of the Terms will supersede all previous versions.  Jessie K Design encourages you to periodically review the Terms to stay informed our our updates.  

Contact Us

Jessie K Design welcomes your questions or comments regarding the Terms to jessiekdesign@gmail.com.

Effective as of January 1, 2019