THIS TERMS OF USE AGREEMENT (the “Agreement”) constitutes a legally binding agreement by and between J Media Group, LLC, a limited liability company organized under the laws of the state of Virginia (“J Media Group”) and the client, whether personally or on behalf of an entity (“Client”), with regard to access and use of J Media Group’s website: https://www.jmediagroup.net/ (the “Website”) and any other media form, channel, mobile website or mobile application related, linked or otherwise connected thereto. Failure to agree and adhere to all of the terms, conditions and obligations contained herein results in the express prohibition of the Client’s use of the Website, and the Client is ordered to discontinue use immediately. Thereafter the relationship between Client and J Media Group shall cease and be of no further force and effect between the parties, except that any obligation of Client to pay J Media Group for services rendered shall remain and continue to be an ongoing obligation owed by Client to J Media Group.
Unless otherwise indicated, the Website is the property of J Media Group and all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics of any nature and regardless of format (herein, collectively or individually, the “Content”) and the trademarks, service marks, and logos contained there (the “Marks”) are owned and controlled by J Media Group and are protected by copyright and trademark laws and any other applicable intellectual property law or regulation of the United States, foreign jurisdictions and international conventions. The Content and Marks are provided “As-Is” for your information and personal use only. Except as expressly provided herein, no part of the Website and no Content may be copied, reproduced, aggregated, republished, uploaded, posted, displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without J Media Group’s express prior written permission. J Media Group reserves all rights in the Website, Content and Marks.
Notwithstanding J Media Group’s ownership of Submissions, as described in Paragraph 4 (“Client Feedback”), all design and original source files created on Client’s behalf (“Projects”) belong to Client, and Client shall be the sole owner of the copyright for all Projects. In the event that any operation of law would cause J Media Group to become the owner of a Project, in whole or in part, rather than Client, J Media Group irrevocably and perpetually assigns its entire interest in the Project to Client, without limitation. Client warrants that any and all materials provided to J Media Group as examples or as material to be incorporated into a project during the design process are owned by Client and do not infringe on or misappropriate any third party’s rights, including, but not limited to, all intellectual property rights and any right of publicity. J Media Group always reserves the right to share the Client’s design work publicy (social media, website, etc.) unless agreed upon as stated in section 18 of this document.
In the event that any Project incorporates assets that are not owned by J Media Group and require a commercial license for the Client to legally reproduce, distribute, or publicly display the Project (“Third-Party Assets”), J Media Group will provide written notification to the Client. The notification will specify that one or more Third-Party Assets have been incorporated into the Project and that the Client must acquire the necessary licenses from the rights-holder(s) of the Third-Party Assets to ensure legal reproduction, distribution, or public display of the Project. The notice will include sufficient information for the Client to identify the required licenses and contact the appropriate parties for license procurement.
Once J Media Group has duly informed the Client regarding the incorporation of Third-Party Assets as described above, the Client assumes full responsibility for any consequences arising from their failure to acquire the necessary licenses for any Third-Party Assets incorporated into a Project.
By accessing and using the Website, the Client expressly represents and warrants that:
These representations and warranties are essential to ensure the Client’s lawful and responsible use of the Website and to maintain the integrity and compliance of the platform.
Client shall not access or use the Website for any purpose other than its intended use. The Website may not be used in connection with any commercial endeavors except those directly related to the work performed by J Media Group on behalf of the Client. These usage restrictions are in place to ensure that the Client utilizes the Website solely within its intended scope and limits commercial usage to activities directly connected to J Media Group’s services on the Client’s behalf. Further, the client agrees to abide by the following obligation:
Client agrees to refrain from the following actions:
These obligations are essential to maintain the integrity, security, and functionality of the Website and protect the rights of J Media Group and its users.
Client acknowledges and agrees that any questions, comments, suggestions, or other feedback or submission (referred to as “Submission”) provided to J Media Group shall become the sole property of J Media Group. J Media Group has no obligation to maintain the confidentiality of any Submission or take measures to ensure its confidentiality.
J Media Group shall have exclusive ownership of all rights related to the Submission, except to the extent that rights are explicitly granted to the Client under Paragraph 2 (“Ownership of Materials”). J Media Group retains the unrestricted discretion to use and disseminate the Submission for any lawful purpose, without seeking permission, providing acknowledgment, or offering compensation to the Client.
By providing a Submission, Client confirms that they have the right to express and submit the content and hereby waives any claims or recourse against J Media Group for its use of the Submission in accordance with the terms outlined herein and at the sole discretion of J Media Group.
J Media Group reserves the right to monitor the Website for violations of these Terms of Use and to take appropriate legal action in response to a violation of the Terms of Use or any applicable law, statute or regulation. J Media Group further reserves the right to restrict or deny access to the Website or disable the Client’s use of the Website. Such decision shall be in the sole discretion of J Media Group, without notice or liability to Client. All decisions regarding the management of the Website shall be at the sole discretion of J Media Group and shall be designed to protect J Media Group’s rights and property.
By using the Website, Client agrees to be bound and abide by the Privacy Policy and the terms more particularly set forth therein and adopted and incorporated herein. The Website is hosted in the United States of America. Access of the Website from the EU, Asia or other region of the world may result in the applicability of laws, statutes or regulations differing from those of the United States which govern personal data collection, use or disclosure. Client’s continued use of the Website and transfer of data to the United States constitutes express consent of Client to the transfer and processing of data in the United States. J Media Group does not knowingly accept or solicit information from individuals under the age of 18. In accordance with the United States’ Children’s Online Privacy Protection Act, upon the receipt of actual knowledge that an individual under the age of 13 has provided personally identifiable information to J Media Group without parental consent, J Media Group shall delete that information as soon as reasonably practical.
J Media Group reserves the right to deny refunds based on its own self discretion and without notice or liability to Client. Refund requests are assessed on a case by case basis. Should Client request a refund during the first month of use, all materials produced by J Media Group are ownership of the company and are prohibited from being used by the Client in any way.
If a refund is deemed to be appropriate, there will be a 25% fee assigned to the remaining billable period.
J Media Group reserves the right to take appropriate legal actions against Client for breach of this paragraph.
J Media Group reserves the right to change, alter, modify, amend or remove anything or any content on the Website for any reason at its sole discretion. J Media Group reserves the right to modify or discontinue all or part of the Website without notice and without liability to Client.
J Media Group does not guaranty or warrant the Website will be available and accessible at all times. Issues with hardware, software or other items may result in interruption delays or errors beyond J Media Group’s control. Client agrees that J Media Group shall not be liable to Client for any loss, damage or inconvenience caused by Client’s inability to access or use the Website during any interruption in the connection or service.
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Maryland without regard to conflict of law principals.
Any legal action of whatever nature shall be brought in the state courts of Arlington County, Virginia or in the United States District Court for the District of Virginia. The parties hereto consent to personal jurisdiction in said courts and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act are excluded from these Terms of Use.
The Website is provided on an as-is, as-available basis. Client agrees that its use of the Website and Services are at Client’s sole risk. J Media Group disclaims all warranties, express or implied, in connection with the Website and Client’s use thereof, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. J Media Group makes no warranties or representations about the accuracy or completeness of the Website or any content thereon or content of any websites linked to the Website and J Media Group assumes no liability for any errors, mistakes or inaccuracies of content and materials, personal injury or property damage, of any nature whatsoever, any unauthorized access to or use of J Media Group’s secure servers and/or any personal information and/or financial information stored therein, any interruption or cessation of transmission to or from the site, any bugs, viruses, Trojan horses or the like which may be transmitted to or through the Website by any third party and/or any errors or omissions in content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted or otherwise made available through the Website. J Media Group does not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party either through the Website, a hyperlinked website or any website or mobile application featured in any advertising.
J Media Group and its directors, employees, members, independent contractors or agents shall not be liable to Client or any third party for any direct, indirect, consequential, incidental, special or punitive damages, including lost profit, lost revenue, lost data, attorneys’ fees, court costs, fines, forfeitures or other damages or losses arising from Client’s use of the Website.Client agrees to defend, indemnify and hold harmless, J Media Group and its subsidiaries, affiliates and all respective officers, members, agents, partners, employees and independent contractors from and against any loss, damage, liability, claim or demand including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:
Notwithstanding the foregoing, J Media Group reserves the right, at Client’s expense, to assume control and defense of any matter for which Client shall be required to indemnify J Media Group hereunder. Client agrees to cooperate with the defense of such claims.
Client is solely responsible for all data transmitted to or that relates to any activity Client has undertaken using the Website. J Media Group shall have no liability to Client for any loss or corruption of any such data and Client hereby waives any right of action against J Media Group from any such loss or corruption.
17. Electronic communications, transactions and signatures
By using the Website, Client hereby consents to receive electronic communications from J Media Group. Client acknowledges and agrees that all agreements, notices, disclosures, and other communications sent via email or through the Website satisfy any legal requirement that such communication be in writing. Client also acknowledges and agrees to the use of electronic signatures, contracts, orders, and other records, as well as the electronic delivery of notices, policies, and transaction records initiated or completed by J Media Group or through the Website.
Client expressly waives any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that necessitate an original signature, non-electronic record delivery or retention, or payments/granting of credits by means other than electronic methods.
J Media Group reserves to right to share design work on digital channels including social media, website, etc. unless otherwise agreed upon. The Client reserves the right to issue an NDA between themselves and J Media Group, which in turn would void the right of J Media Group to share or discuss Client’s work publicly.
J Media Group does not currently offer referral bonuses. If you’d like to join our waiting list for the referral program, you can visit https://www.jmediagroup.net/loop/inner-circle
These Terms of Use, together with any policies posted on the Website or referenced in relation to the Website, represent the entire agreement and understanding between the Client and J Media Group. The failure of J Media Group to enforce any right or provision in these Terms of Use shall not be deemed as a waiver of such right or provision. If any provision or part of these Terms of Use is found to be unlawful, void, or unenforceable, that specific provision shall be severed from these Terms of Use without affecting the validity or enforceability of the remaining provisions.
Nothing in these Terms of Use, the Privacy Policy, or the Website shall be construed as creating a joint venture, partnership, employment, or agency relationship between the Client and J Media Group.
Billing and payments are handled by our third-party payment processor, Stripe.
Loop subscribers have the ability to submit multiple production requests, which will be delivered sequentially.
It is important to note that there are limitations to our production capabilities and outcomes, and as a result, certain requests may be classified as “Out of Scope” by J Media Group.
While we strive to deliver most production requests within a few days (Monday to Friday), it is important to acknowledge that complex requests may require additional time for completion. For instance, the creation of an entirely new web page will take longer than creating a blog post graphic. J Media Group is committed to collaborating with subscribers through revision cycles to ensure the delivery of final products.
For any questions or complaints regarding the Website, please contact J Media Group at: [email protected].
By using the Service, the User acknowledges that they have read, understood, and agreed to be bound by this Terms of Service Agreement.
