TERMS & CONDITIONS

Effective date: April 7, 2024

Welcome to JSD Creates!

Kindly review these terms (inclusive of our Privacy Policy and Cookie Policy, collectively referred to as the "Terms") thoroughly and attentively before utilizing www.jsdcreates.com (referred to as the "Site"), as they contain crucial information regarding your legal rights and responsibilities, encompassing limitations and exclusions that may be applicable to you. These Terms establish legally binding terms and conditions governing the usage of the site.

SECTION 1 ACKNOWLEDGMENT OF TERMS

By accessing and utilizing the Site, you are consenting to abide by these Terms, as well as all other operational regulations, policies, and procedures that may be periodically published on the Site, each of which is integrated by reference.

For individuals residing in the United States, utilization of www.jsdcreates.com this site implies a waiver of the right to litigate in court, opting instead to resolve all disputes through arbitration. By consenting to arbitration, you acknowledge and accept that you are relinquishing your entitlement to a jury trial in settling disputes related to your use of the site and acquisition of our products, as outlined comprehensively in the "Dispute Resolution" section below.

SECTION 2 KEY TERMS

JSD Creative Studio, inclusive of its affiliated entities, is herein referred to as "JSD Creates" "we," or "our."

"Content" encompasses logos, designs, textual content, graphics, imagery, software, audio, video, various works of authorship, and information, along with other materials that are posted, generated, furnished, or otherwise accessible through or on the Site. We, alongside our licensors, possess exclusive rights, titles, and interests in and to the Content, including all associated intellectual property rights. You acknowledge the protection afforded to Content under copyright, trademark, and other pertinent laws of the United States and foreign jurisdictions, pledging not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices embedded in or accompanying Content on the Site.

"Site" encompasses the website www.jsdcreates.com, including all of its domains and subparts.

"Terms" encompasses the terms and conditions outlined in these Terms of Use, in conjunction with our Privacy Policy and Cookie Policy.

"User" denotes any visitor to the Site, irrespective of whether they register for the Site or make any purchases from it. Throughout this document, "User" or "you" refers to such individuals.

"User Content" pertains to any photographs, comments, video clips, or other content that Users, including yourself, may upload to the Site. User Content falls under the broader category of Content. We affirmatively state that we do not assert any ownership rights over any User Content, and nothing within these Terms will be interpreted as restricting any rights that a User may possess to utilize and exploit their own User Content.

SECTION 3 QUALIFICATIONS FOR SITE ACCESS

To access and utilize our Site, you must be eighteen (18) years or older, possess the capacity to enter into a binding agreement with us, and not be restricted from using the Site by any applicable laws. Provided you adhere to these Terms, you are welcome to explore and utilize our Site for personal, non-commercial purposes. Any other use of the Site is not permitted.

Please note that certain state laws may invalidate limitations on implied warranties, impose restrictions, or limit certain damages. If such laws are applicable to you, some or all of the aforementioned disclaimers, exclusions, or limitations may not apply, and you may have additional rights.

SECTION 4 INTERNATIONAL USERS

Our Site is managed, operated, and administered from our offices in California, United States of America. We cannot guarantee that the Content on the Site is suitable or accessible for use in locations outside the United States. Access to Content is prohibited from territories where such Content or products available through the Site are deemed illegal. It is imperative that you refrain from using the Site or exporting its Content or products in violation of United States export laws and regulations. Should you access the Site from a location beyond the borders of the United States, you are accountable for adhering to all pertinent local laws, where applicable.

SECTION 5 GOVERNING LAW

The application and interpretation of these Terms, as well as any associated actions or proceedings, shall be governed by the laws of the State of California. In the event that any provision or part-provision of these Terms is deemed invalid, unlawful, void, or unenforceable for any reason, it shall be considered separable and shall not impact the validity and enforceability of the remaining provisions of these Terms. Such remaining provisions shall be enforced to the fullest extent permitted by law.

SECTION 6 REVISIONS TO TERMS

We retain the right to modify these Terms at our discretion, with such modifications taking immediate effect upon their posting on the Site. It is advisable that you review the current Terms each time you utilize the Site. You can ascertain the most recent revisions to these Terms by referring to the effective date at the beginning of these Terms of Use. Your continued use of the Site signifies your acceptance of the prevailing Terms. However, any substantial alterations to these Terms subsequent to your last usage of the Site will not be retroactively applied. With the exception of such significant changes, the Terms in force at the time of any dispute or claim between you and JSD Creates shall apply.

If you do not agree with the updated Terms, you have the option to decline them. However, this decision would result in your inability to continue using www.jsdcreates.com. By continuing to use www.jsdcreates.com in any capacity after the updated Terms come into effect you are indicating your agreement with all of the modifications.

SECTION 7 YOUR ACCOUNT

Certain services or areas of the Site may necessitate registration with JSD Creates In connection with such registration, we reserve the right to decline to grant your requested username. Your username and password are intended for your personal use only. By accessing the Site, you assume responsibility for maintaining the confidentiality of your account and password, as well as for restricting access to your computer. Moreover, you agree to accept liability for all activities conducted under your account or password. In addition to all other rights afforded to JSD Creates, including those outlined in these Terms, we reserve the unilateral right to terminate your account or access to the Site, block or prohibit future usage of the Site, decline service to you, or cancel your product orders: (a) for any violation of these Terms; (b) for any other justified reason; or (c) for no specified reason. Upon such termination, your entitlement to utilize the Site shall cease forthwith.

SECTION 8 PRIVACY POLICY/COOKIE POLICY

For insight into how we gather and utilize information, users of the Site are encouraged to refer to our Privacy Policy, accessible via the following link: [Business Privacy Policy Link] (subject to updates). By utilizing the Site, you consent to the collection, utilization, retention, and disclosure of your personally identifiable information in accordance with the law and as outlined in our Privacy Policy and Cookie Policy. These policies will govern the handling of your personally identifiable information to the extent permitted by law.

SECTION 9 RULES OF CONDUCT & GENERAL PROHIBITIONS

Your use of this Site must be in compliance with the law and should not infringe upon the rights of others or impede their enjoyment of the Site. Without our explicit written consent, you may not copy, reproduce, or otherwise handle any Content on the Site; modify, distribute, or repost any Content on the Site for any purpose; or use the Site's Content for commercial exploitation.

Furthermore, by using the Site, you agree not to engage in any of the following:

- Transmitting Content that infringes upon third-party intellectual property rights, is fraudulent, deceptive, defamatory, abusive, obscene, or promotes illegal activities.

- Disrupting the security or functionality of the Site or any associated services, networks, or servers.

- Interfering with other users' enjoyment of the Site.

- Distributing harmful files or viruses.

- Utilizing our trademark, logo, or proprietary information without our explicit consent.

- Creating false identities, sharing account information, or allowing unauthorized access to your account.

- Collecting personal data about others.

- Attempting to gain unauthorized access to restricted portions of the Site.

- Encouraging or facilitating others to engage in any prohibited activities.

By accessing or using the Site, you agree to adhere to all applicable laws and regulations. We hold no responsibility for User Content or the accuracy of any Content posted by users. We retain the right to remove any User Content or postings that fail to comply with these Terms, at our discretion.

If you do not agree to these Terms, you are not permitted to use the Site. Failure to abide by these Terms may result in civil or criminal penalties.

By accessing or using the Site, and/or downloading or posting any Content, you acknowledge your agreement to be bound by these Terms. If you accept these Terms on behalf of a company or legal entity, you confirm that you have the authority to bind said entity to these Terms.

SECTION 10 INDEMNIFICATION

You agree to defend, indemnify, and hold harmless JSD Creates, our affiliates, and all of our and their respective officers, directors, employees, contractors, suppliers, representatives, and agents from any claims, demands, liabilities, damages, losses, costs, and expenses, including reasonable attorneys’ fees, arising from or related to (a) your access or use of the Site or Content; (b) your User Content; (c) any violation of applicable laws protecting JSD Creates or our legal rights, or those of any third party affected by your actions; (d) your violation of these Terms or any applicable law, including infringement of intellectual property rights owned by JSD Creates or any third party; and (e) all activities occurring under or in connection with your account, username, and/or password. We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you, and you agree to assist and cooperate with JSD Creates in asserting any available defenses. You agree to be responsible for all such damages, claims, or losses to the fullest extent permitted by law, even if they result from our active or passive negligence, even if we are aware of the possibility of such damages, claims, or losses, and even if they are foreseeable.

SECTION 11 COPYRIGHTS & TRADEMARKS

The Site, including all Content, is protected by copyright, trademark, and other laws of the United States and foreign countries. Unless expressly stated otherwise, we retain proprietary rights in all Content and products available through the Site. No Content may be copied, modified, reproduced, distributed, republished, downloaded, performed, displayed, posted, transmitted, sold, or made into derivative works without our prior written consent and permission of the respective copyright owner, except as permitted herein. Without our express written permission or that of the respective copyright owner, you may not copy, upload, publish, post, submit, or transmit any materials on any network or media, modify materials, or remove or alter copyright or other proprietary notices. You may not sell, resell, or commercially use the Site, Content, services, or products obtained through the Site; collect or use product listings or descriptions; make derivative uses of the Site or Content; or use data mining, robots, or similar methods. No right or license is granted by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or other proprietary rights.

Certain trademarks and/or registered trademarks appearing on the Site are owned by us, including [Business Trademarks]. These, along with our other trademarks, may not be copied or used without our prior written permission or that of the rights holder. Page headers, graphics, icons, and scripts are our service marks, trademarks, and/or trade dress, and may not be copied or used without our prior written permission. Other names and brands on the Site may belong to others.

SECTION 12 THIRD PARTY CONTENT

Our Site may include links to third-party websites or services, as well as advertisements for third parties, collectively referred to as "Third Party Sites & Ads." Please note that these Third Party Sites & Ads are beyond our control, and we do not bear responsibility for them. While we offer these links and ads for your convenience, we do not endorse or guarantee the content, products, or services provided by these Third Party Sites & Ads. By accessing or utilizing Third Party Sites & Ads, you assume sole responsibility and accept all associated risks.

It's important to understand that the presence of a hyperlink to Third Party Sites & Ads does not indicate any affiliation, endorsement, or adoption by JSD Creates of these Third Party Sites & Ads or the information they contain.

SECTION 13 ONLINE PURCHASES

When making a purchase of any product or service available through the Site (referred to as a "Transaction"), you may be required to provide certain information relevant to your Transaction. This information could include your credit card number, credit card expiration date, billing address, and shipping details. By submitting such information, you confirm that you have the legal authority to use the provided credit card(s) or other payment method(s) for the Transaction. You also authorize JSD Creates to share this information with third parties as necessary to facilitate the completion of Transactions initiated by you or on your behalf. Verification of information may be necessary before acknowledging or completing any Transaction.

All purchases of physical items from JSD Creates are subject to a shipment contract. This means that the risk of loss and title of such items transfer to you upon delivery to the carrier.

Please note that descriptions, images, references, features, specifications, products, and prices of products and services displayed on the Site are subject to change without prior notice. Some descriptions, weights, and measures provided are approximate and for convenience only. The presence of any products or services on the Site does not guarantee their availability.

It is your responsibility to adhere to all applicable local, state, federal, and international laws regarding the receipt, possession, use, and sale of any purchased item from this Site. By placing an order, you affirm that the products ordered will be used in compliance with all applicable laws. We reserve the right, with or without prior notice, to: (a) limit the quantity or discontinue any product or service; (b) prohibit any User from initiating or completing any Transaction(s); and (c) decline to provide any User with a product or service. You agree to pay all charges incurred through the Site, including applicable shipping and handling charges, at the prices in effect when the charges are incurred. Additionally, you are responsible for any taxes that may apply to your Transactions.

SECTION 14 SERVICE AVAILABILITY & TERMINATION

You acknowledge that JSD Creates reserves the right, at its sole discretion, to provide subsequent amendments, versions, enhancements, modifications, upgrades, or patches related to any part of the Services. Additionally, there is absolute discretion to terminate or restrict access to the Services, or any portion thereof, including any and all Accounts, at any time and for any reason, without prior notice and without liability to you. It's important to recognize that access to the Services may be interrupted for reasons within or beyond control, and therefore, uninterrupted access to the Services cannot be guaranteed. Lastly, it's your responsibility to bear any internet connection and mobile fees incurred as a result of using the Services.

SECTION 15 DISPUTE RESOLUTION

Agreement to Arbitrate and Class Action Waiver:

Both parties hereby consent to the resolution of any disputes, claims, or controversies arising from or relating to our products, services, these terms (including our Privacy Policy and Cookie Policy), or the use of the services or content available on or through the site (collectively referred to as "Disputes") through confidential binding arbitration. However, each party reserves the right to (a) pursue an individual action in small claims court and (b) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights (referred to as an “IP Protection Action”). The exclusive jurisdiction and venue for any IP Protection Action involving claims under federal law, including copyright, trademark, and patent infringement, shall be the United States District Court for the Southern District of California. Each party hereby waives any objection to jurisdiction and venue in such courts for federal law claims. For state law claims, jurisdiction and venue shall be determined in accordance with applicable California state court rules.

You acknowledge and agree that both you and JSD Creates are waiving the right to a trial by jury or to participate as a plaintiff or representative in any class action or representative proceeding. Additionally, unless mutually agreed upon in writing, the arbitrator is prohibited from consolidating multiple individuals' claims or presiding over any form of class or representative proceeding. In the event that this paragraph is deemed unenforceable, the entire "Dispute Resolution" section shall be considered void. However, except as stated in the preceding sentence, this "Dispute Resolution" section shall remain effective even after the termination of these Terms.

SECTION 16 CONTACT

jsdcreates@gmail.com