Terms and Conditions
1. ACCEPTANCE OF TERMS.
2. DESCRIPTION OF SERVICES.
JaamZIN provides the user with access to a collection of artwork. JaamZIN’s promotion of the artwork makes available to the user services, including without limitation various communications tools, forums, and shopping services . You understand and agree that JaamZIN includes advertisements and that these advertisements are necessary for JaamZIN to provide these services to you.
3. INTELLECTUAL PROPERTY.
All images on www.jaamzin.com are either owned or licensed by JaamZIN and may not be reproduced or used in any manner without the express written permission of JaamZIN and the relevant artist. All artwork promoted on JaamZIN is owned solely by the individual artists represented here and are subject to International copyright laws. Except as otherwise provided herein, the compilation of all content, data, and other information found within jaamzin.com is the sole and exclusive property of JaamZIN and its licensors and is protected international intellectual property laws. JaamZIN and jaamzin.com are trademarks owned by JaamZIN and may not be used without prior written permission of us.
4. USER CONTENT & ARTIST SUBMISSIONS
JaamZIN requires all artists to agree to the art submission terms and conditions set forth in the submission process and these Terms and Conditions when submitting their art works for consideration. While JaamZIN makes every attempt to validate the legitimacy of all Art Submissions before showcasing artworks on the site, the person submitting any such Art Submissions, is solely responsible for it, and your sole recourse for any damage you may suffer as a result of such Art Submissions being featured via JaamZIN or otherwise made available on our website.
Except as otherwise provided herein, any pictures, graphics, videos, content, data and other information that you transmit to JaamZIN through the site (each, a “Submission”) shall remain your sole and exclusive property, and you shall be solely responsible for your Submission and the consequences of posting or publishing it. By submitting your Submission to JaamZIN, you hereby grant JaamZIN and its successors and assigns a worldwide, perpetual, non-exclusive, irrevocable, royalty-free license (with a right to create derivative works) to use, copy, transmit or otherwise distribute, perform, publicly perform and display your Submission. You also grant each user of JaamZIN a non-exclusive license to access your Submission through jaamzin.com and to share, copy, transmit or otherwise distribute, perform, publicly perform, create derivative works of, and display your Submission.
By making a Submission, you waive the right to make any claim against JaamZIN or any of its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, members, or officers related to the Submission, including, but not limited to, unfair competition, invasion of privacy, negligence, breach of implied contract or breach of confidentiality, and you further waive all moral rights you may have in any materials uploaded or sent to us by you.
You represent and warrant that your Submission:
(a) shall be true, accurate, current, complete and not misleading;
(b) shall not violate the rights of any third party, including, but not limited to, intellectual property and proprietary rights;
(c) shall not be fraudulent or involve counterfeit or stolen information or items;
(d) shall not violate any law, statute, ordinance or regulation; and
(e) shall not create any liability for JaamZIN or any of its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, members, and officers. You also agree to maintain and promptly update your Submission by means of JaamZIN in order to keep that information true, accurate, current, and complete.
You further represent and warrant that
(i) you own or have the necessary licenses, rights, consents and permissions to use and authorize JaamZIN to use all patent, trademark, trade secret, copyright or other proprietary rights in and to your Submission to enable inclusion and use of the Submission in the manner contemplated by this Agreement; and
(ii) you have any necessary written or implied consent, release, and/or permission of each and every identifiable individual person in the Submission to use the name, picture and likeness of each and every such identifiable individual person to enable inclusion and use of the Submission in the manner contemplated by this Agreement.
5. ELECTRONIC DELIVERY POLICY AND CONSENT.
By using JaamZIN and/or making purchases while on www.jaamzin.com, you consent to receive from JaamZIN all communications including notices, agreement, legally required disclosures, and legally required disclosures or other information in connection with the Site and your purchases (collectively, “Notices”) electronically. JaamZIN shall provide such electronic Notices by posting them on this Site. If you desire to withdraw your consent to receive Notices electronically, you must discontinue your use of jaamzin.com.
6. PARTICIPATION DISCLAIMER.
JaamZIN does not and cannot review all Submissions posted to or created by users accessing the Site, and is not in any manner responsible for the content of these communications or the activities of these users. You acknowledge that by providing you with the ability to view and distribute user-generated content through the Site, JaamZIN is merely acting as a passive conduit for the distribution of such information and is not undertaking any obligation or liability relating to the content or the users’ activities.
Notwithstanding the foregoing, JaamZIN reserves the right to block or remove communications, postings or materials that it determines to be
(a) abusive, defamatory, or obscene,
(b) fraudulent, deceptive, or misleading;
(c) in violation of a copyright, trademark, patent, trade secret, intellectual property or other rights of another; or
(d) offensive or otherwise unacceptable to JaamZIN in its sole discretion.
7. DISCLAIMER OF WARRANTIES.
YOUR ACCESS AND USE OF JAAMZIN.COM AND THE SERVICES PURCHASED BY YOU FROM THE SITE ARE AT YOUR SOLE RISK AND ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, JAAMZIN DISCLAIMS ALL WARRANTIES (WHETHER EXPRESS, STATUTORY, OR IMPLIED) OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, DATA ACCURACY, SYSTEM INTEGRATION, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND ANY OTHER WARRANTY ARISING UNDER THE UNIFORM COMMERCIAL CODE, USAGE OF TRADE, COURSE OF CONDUCT, OR OTHERWISE.
8. LIMITATION OF LIABILITY.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT JAAMZIN AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENCORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
(a) THE USE OR INABILITY TO USE THE SITE;
(b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES:
(c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR
(e) ANY OTHER MATTER RELATING TO THE SITE.
You agree to indemnify and hold JaamZIN and its subsidiaries, affiliates, officers, agents, employees, members, and licencors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of the use of the Site, violation of this Agreement, or your violation of any rights of another.
10. NOTIFICATION OF CLAIMED COPYRIGHT INFRINGEMENT.
If you believe that any works on the Site infringe on your copyright rights or have been improperly posted or distributed, please notify the administrator at firstname.lastname@example.org
JaamZIN reserves the right to access and disclose your personal information in order to investigate and address your infringement claim.
11. INAPPROPRIATE BEHAVIOR.
You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that JaamZIN may have at law or in equity, if JaamZIN reasonably determines that you have violated or are likely to violate the foregoing prohibitions, JaamZIN may take any action they reasonably deem necessary to cure or prevent the violation, including without limitation, the immediate removal from the Site of the related materials. JaamZIN will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing JaamZIN to disclose the identity of anyone posting such materials.
Jaamzin.com resides on the public internet. JaamZIN uses commercially reasonable measures to protect the confidentiality and security of any communications transmitted to JaamZIN and any information stored on servers controlled by JaamZIN. Notwithstanding these efforts, JaamZIN cannot guarantee the confidentiality and security of such electronic communications and storage devices used to store such information (including, personally identifiable information) and disclaims all liability arising therefrom.
Without limiting the foregoing, you shall not
(a) violate or attempt to violate the security of jaamzin.com;
(b) access data or materials not intended for you;
(c) log into a server or account which you are not authorized to access;
(d) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures; or
(e) attempt to interfere with service to any user, host or network, including, without limitation, by means of submitting a virus to the Site, overloading, “flooding”, “mailbombing” or “crashing” jaamzin.com.
Violations of system or network security may result in civil or criminal liability. JaamZIN reserves the right to investigate occurrences that may involve such violations and may involve and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations.
14. PRODUCT DISPLAY/COLORS & SPECIFICATIONS.
JaamZIN attempts to display images shown through it as accurately as possible. However, JaamZIN cannot guarantee that the image or color you see displayed on your monitor represents the actual artwork.
Features, pricing, and specifications of services described or depicted through the Site are subject to change at any time without notice.
15. TYPOGRAPHICAL ERRORS.
The price for a service on the Site may differ from the price shown in your shopping cart at the time of your purchase – it is possible that such price may increase or decrease between the time the item is placed in a shopping cart and the time that the purchase is actually made. On rare occasions, an item may be priced incorrectly on the Site. If the price for the item on the Site is incorrect, then, at the sole discretion of JaamZIN, JaamZIN may either
(a) refuse or cancel your order whether or not the order has been confirmed and your credit card has been charged;
(b) contact you for instructions before charging you for such item;
(c) cancel the order for such item and notify you of such cancellation; or
(d) ship the item at the incorrect price to your benefit. If your credit card has already been charged for the purchase and your order is cancelled or refused, JaamZIN shall issue a credit to your credit card account in the amount of the incorrect price that was charged.
16. SALES TAX POLICY
Sales tax may be added to each order, subject to federal, state, and local tax laws. We will do our best to accurately calculate sales tax, but errors may occur due to the large number of tax districts or for other reasons. If we do not collect sales tax for your order, you may still be responsible for paying sales and/or use tax for the purchase if required by federal, state or local tax rules and laws.
17. ORDER ACCEPTANCE/CONFIRMATION.
Your receipt of an electronic order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for no or any reason whatsoever. You will not be charged if we reject an order, but we will process a refund if a charge has been made against you in error.
18. VALIDATING YOUR ORDER.
After you place an order through the Site, we will check the information you gave us for validity. We may require additional verifications or information before accepting any order.
We reserve the right to reject any order you place with us, and/or to limit quantities on any order, for any or no reason whatsoever. If we reject your order, we will generally attempt to notify you by using the contact information you gave to us with your order.
19. PAYING FOR YOUR ORDER.
You may pay for your order by MasterCard, Visa, American Express, or Discover credit and debit cards and also via PayPal. The accepted methods of payment may change at JaamZIN’s sole discretion.
Your card will be authorized for the full amount of your purchase at the time of your order. This may cause an immediate reduction in your funds or increase in your credit line, even if your order is later canceled, as the credit and debit card issuing banks release authorizations at their discretion.
20. ARTIST OF THE WEEK CONTEST
JaamZIN is running regular contests featuring 4 artists for 7 days giving visitors the option to vote. The purpose of the contest is to give larger publicity to the featured artists without any monetary goal or special award given to the participants. Voting is possible via using the inserted vote button. JaamZIN doesn't have the capacity to track, record and control votes, and we do not take responsibility for participants using "black hat" methods to increase their votes via click farms, VPN services or click exchange platforms. Running the Artists of the Week contest is a gentle initiative of JaamZIN Creative to bring more attention to contemporary art via a call-to-action where we believe every participating artist are benefiting from the contest regardless of the results.