Terms & Conditions
Agreement to Terms
By using this website or any related media, mobile app, or platform (together, the “Site”), you agree to the following terms. This is a legal agreement between you (whether an individual or an entity) and Jan Smith Studios (“Company,” “we,” “us,” or “our”). If you do not agree with these terms, please stop using the Site immediately. We may update these Terms of Use from time to time. If we do, we will update the “Last updated” date. Please review these terms regularly, as your continued use of the Site means you accept any changes.
The Site and its contents are not available in all locations, and if you choose to access the Site from a location where it’s unavailable, you are responsible for complying with local laws.
Age Restrictions
The Site is only available to people aged 18 or older. Users under 18 are not allowed to use the Site.
Intellectual Property Rights
All content on the Site, including text, graphics, videos, and logos, is owned by or licensed to Jan Smith Studios. Unless we permit you to do otherwise, you can use the content only for personal, non-commercial purposes. You can’t copy, share, or sell content without our approval.
User Responsibilities
When using the Site, you agree to:
- Provide accurate, up-to-date information.
- Comply with these terms and be at least 18 years old.
- Do not use bots or automated tools to access the Site.
- Not use the Site for illegal purposes.
We can suspend or terminate your account if you provide false or incomplete information.
Registration and Account Security
You may need to register to use the Site. Keep your password secure, and let us know if it’s ever compromised. We may remove or change your username if we think it’s inappropriate.
Prohibited Activities
You are not allowed to use the Site for the following:
- Collecting data to create databases without permission.
- Using the Site to send unsolicited emails or messages.
- Using the Site to advertise or sell products without our approval.
- Disrupting the Site or trying to bypass security features.
- Using the Site for illegal or harmful activities.
User-Generated Content
The Site may allow you to share content (such as text, videos, and images). By posting content, you agree:
- You own or have permission to use the content.
- Your content doesn’t violate the rights of others.
- Your content won’t be offensive, misleading, or illegal.
- You won’t use the Site to share spam or promotional content.
If your content violates these rules, we may remove it or suspend your access to the Site.
Violations
If you break any of these terms, we may suspend or terminate your access to the Site.
Submissions
Any feedback, comments, or suggestions you submit through the Site (“Submissions”) will become our property. We can use these submissions without giving you credit or compensation. By submitting, you confirm that your submissions are original and that you have the right to share them. You waive any moral rights and agree that we are not responsible for any infringement claims related to your Submissions.
Third-Party Websites and Content
The Site may link to third-party websites or contain third-party content. We are not responsible for the content or accuracy of these third-party websites or materials. Linking to these sites doesn’t mean we endorse them. You access third-party sites and content at your own risk, and we are not responsible for any purchases or interactions with these third parties. If you make purchases on third-party websites, those transactions are between you and the third Party, and we are not liable for any issues that arise.
Site Management
We reserve the right to:
- Monitor the Site for violations of these Terms of Use.
- Take legal action against users who break the law or violate these terms, including reporting to law enforcement.
- Limit or restrict access to content if needed to protect our systems or ensure proper functioning.
- Remove or disable excessive or problematic content from the Site.
- Manage the Site to protect our rights and ensure it functions properly.
Privacy Policy
We value your privacy and data security. By using the Site, you agree to our Privacy Policy. The Site is hosted in the United States, and by using it, you consent to your data being transferred and processed there. We do not knowingly collect information from children under 13. If we find out a child under 13 has provided personal info without parental consent, we will delete it.
Copyright Infringement
If you believe any material on the Site infringes your copyright, let us know immediately using the contact details below. A copy of your notice will be sent to the person who posted the material. You could be held responsible for damages if your notice is false. If unsure, consider contacting a lawyer first.
Term and Termination
These Terms remain in effect as long as you use the Site. We can deny access to the Site or suspend your account for any reason, without notice, including a violation of these Terms. If we suspend or terminate your account, you cannot create a new account under your or someone else’s name.
Modifications and Interruptions
We can change or remove content on the Site at any time without notice. The Site may be unavailable due to technical issues or maintenance. We are not responsible for any problems or losses caused by Site interruptions.
Governing Law
These Terms of Use and your use of the Site are governed by the laws of the United States of America, without regard to its conflict of law principles, and are to be fully performed within the USA.
Dispute Resolution
To resolve any dispute, controversy, or claim related to these Terms of Use (each a “Dispute”), the Parties agree to first attempt to resolve the Dispute through informal negotiations for at least thirty (30) days before initiating arbitration. These informal negotiations will begin upon written notice from one Party to the other.
LIMITATIONS OF LIABILITY
JanSmith Studios and our directors, employees, or agents are not responsible for any direct, indirect, or special damages, including loss of profit, revenue, data, or other damages arising from your use of the Site, even if we were advised of the possibility. Our liability will always be limited to the lesser amount you paid us in the last 3 months, or $250. Some state laws may allow more rights, so these limits may not apply to you.
INDEMNIFICATION
You agree to protect and hold JanSmith Studios harmless from any loss or damages, including legal fees, caused by:
- Your contributions to the Site
- Your use of the Site
- Your breach of these Terms of Use
- Any violations of third-party rights, like intellectual property
- Harmful actions toward other users of the Site
- If necessary, we may take control of defending against any claims, and you agree to help at your expense.
USER DATA
We keep certain data you send to the Site for Site performance purposes. You are responsible for all the data you send. We are not liable for any loss or corruption of this data, and you waive your right to make claims about it.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
By visiting the Site, sending emails, or completing forms, you agree to receive electronic communications. You accept that these communications meet legal requirements for written notices. You also agree to use electronic signatures, contracts, and records for transactions and other communications, waiving any need for physical signatures.
MISCELLANEOUS
These Terms of Use and any other policies on the Site form the entire agreement between you and JanSmith Studios. It doesn’t mean we’ve waived that right if we fail to enforce any part of these Terms. We can transfer our rights and responsibilities to others. We’re not responsible for any issues beyond our control. If any part of these Terms is unlawful, the rest remains valid. Using the Site doesn’t create a partnership or employment relationship between you and us. These Terms can’t be challenged just because they are in electronic form and unsigned.
CONTACT US
To resolve a complaint or get more information about the Site, please contact us at:
JanSmith Studios
Address: 2700 Northeast Expy,
STE A-900, Atlanta, GA 30345
Phone: (404) 633-3840
Email: [email protected]