A – You agree that you are responsible for protecting your password and controlling access to your registered account. You agree that you will be responsible for all orders placed or other actions that are taken through your registered ePressKitz account.
B – You also agree that you will use the ePressKitz e-mail feature to send e-mails to interested parties only and that you will abide by all CAN-SPAM legislation. Commercial e-mail is subject to US Federal laws. We want to make sure you understand how to abide by these laws so you are protected and presenters/media will continue to receive your messages. By using this product you agree to uphold these practices. This includes: sending messages that clearly identify yourself, provide a physical address, include a clear opt-out, and ensuring that individual recipients or organizations should not receive more than one (1) unique ePressKitz messages per day.
B – You also agree that you will use the ePressKitz e-mail feature to send e-mails to interested parties only and that you will abide by all CAN-SPAM legislation. Commercial e-mail is subject to US Federal laws. We want to make sure you understand how to abide by these laws so you are protected and presenters/media will continue to receive your messages. By using this product you agree to uphold these practices. This includes: sending messages that clearly identify yourself, provide a physical address, include a clear opt-out, and ensuring that individual recipients or organizations should not receive more than one (1) unique ePressKitz messages per day.
You Hereby Agree NOT to do the following:
Should you continue after 10 business days to e-mail a party who has requested to be unsubscribed from your mailings and that party files an abuse report with us we will contact you and you will have 5 days to discontinue mailings to that party. Should mailings continue and a second abuse report be issued your e-press kit will immediately be shut down and removed the server. No refunds will be issued.
If we or our network providers determines in its sole discretion that you have been spamming, in addition to any other rights under this Agreement and applicable state or federal law, we may bring an action in any court of competent jurisdiction to enjoin such activity, it being understood that such activity may cause irreparable harm to us which may not be fully compensable by monetary damages and we may recover from you monetary losses caused to us by such activity.
You agree to hold us, or partners, officers and staff, harmless and defend from any and all civil actions relating to your use or abuse of any of our products or services including ePressKitz.
You agree that you either own the copyright or have copyright permission for all materials you place in your ePressKits including photos, images, music, video and text. Requisite copyright permission must be granted from all the photographer(s)/artist(s) /designer(s)/writer(s)/composer(s)/musician(s)/performer(s) to reproduce materials that you supply to your ePressKitz. Jonas Music Services ® LLC shall absolutely NOT be liable for any copyright infringement for graphics, music, audio, video or copy you upload to your kit or provide to us for upload. We reserve the right to immediately terminate any ePressKitz account that infringes the intellectual property rights of another without refund.
You acknowledge that Jonas Music Services ® LLC has the right (but not the responsibility) deactivate any EPressKitz that violates the terms of service or may otherwise be objectionable, indecent, threatening, treasonous, resistant to any law of the United States, defamatory, or that infringes the intellectual property rights of another. You also agree that Jonas Music Services ® LLC may disclose content if required to do so by law or in the good faith belief that such disclosure is reasonably necessary in order to comply with legal process.
A – For kits with full service graphic designs: ePressKitz and Jonas Music Services ® LLC and Designer retain the nonexclusive, perpetual and worldwide right to display, reproduce and distribute the designs we create in our design portfolio and website and third party trade publications or exhibits, solely for the purpose of promoting or exemplifying the creative work of Jonas Music Services TM LLC, and the right to be credited with copyright ownership and authorship of the designs in connection with such use. Under U.S. Copyright law, Jonas Music Services ® LLC retains nonexclusive copyright in and to the preliminary works and the final design.
B – For kits where client has uploaded and designed content themselves: We retain the right to display reproduce and distribute the ePressKitz samples on our website and third party trade publications or exhibits, solely for the purpose of promoting or exemplifying the possibilities the ePressKitz infrastructure, created by Jonas Music Services TM LLC, can offer. We will indicate in such cases that the kit content is copyright protected by you, our user.
Jonas Music Services ® LLC reserves the right to update design, features and functionality of the ePressKitz program at any time without notice.
In no event shall Jonas Music Services ® LLC or its affiliates, vendors, officers, directors, employees, or free-lance agents, be liable for any special, incidental, indirect, or consequential damages of any kind, or for any damages resulting from loss of use, data or profits, arising out of or in connection with the use or performance of the ePressKitz program or of failure to provide services that you order from Jonas Music Services TM LLC, including without limitation, damages arising from mistake, omission, virus, delay, or interruption of service. In no event shall Jonas Music Services ® LLC be liable or responsible for any damages or consequences arising from or related to your inappropriate or unauthorized use of the ePressKitz program or its content.
LATE PAYMENT POLICY: If we have not received your ePressKitz renewal payment in our office by the contracted renewal date your EPK will revert to our standard free version and access to additional pages or files will be restricted. If client pays for renewal within 15 days the original files and pages will be reinstated, if the user does not pay for renewal within 15 days the data will be removed from our server.
CREDIT CARD PAYMENT DECLINED: If your credit card is declined for payment, we will send you an e-mail notice with a paylink so you can convert your epresskitz subscription payments to a new card. We will also call the phone number associated with your account. If we have not received your epresskitz renewal payment in our office by the contracted renewal date your EPK will revert to our standard free version and access to additional pages or files will be restricted. If client pays for renewal within 15 days the original files and pages will be reinstated, if the user does not pay for renewal within 15 days the data will be removed from our server.
CHECKS: Are not accepted for monthly ePressKitz subscriptions. Should a user choose to pay for a full year subscription of ePressKitz a check will be accepted.
A- For Monthly subscribers—Should you choose to cancel your ePressKitz subscription or downgrade to our free version the change will take place at the conclusion of the paid month. Account will not be prorated.
B – For Yearly subscribers (who have pre-paid for a year) -—Should you choose to cancel your ePressKitz subscription or downgrade to our free version the change will take place immediately and your pro-rated refund will be issued.
Should a chargeback be issued by accident or on purpose Jonas Music Services® will attempt to resolve the situation with you. If the chargeback is still processed the your account will be deactivated along with any products/services associated with the chargeback. If the chargeback has not been completed: To have your Jonas Music Services® account and products/services be activated reactivated we require:
If the chargeback has been completed: To have your Jonas Music Services® account and products/services be activated or reactivated we require:
If no action is taken by you to resolve the chargeback against Jonas Music Services®:
Jonas Music Services ® LLC and its subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios.
Jonas Music Services ® LLC and Designer retain the nonexclusive, perpetual and worldwide right to display, reproduce and distribute the designs we create in our design portfolio and website and third party trade publications or exhibits, solely for the purpose of promoting or exemplifying the creative work of Jonas Music Services TM LLC, and the right to be credited with copyright ownership and authorship of the designs in connection with such use. Under U.S. Copyright law, Jonas Music Services ® LLC retains nonexclusive copyright in and to the preliminary works and the final design.
Our full service packs include one design and one round of design revisions. After every design or copy alteration a client will receive a proof for approval. Each round of client’s edits/comments is forwarded to design (or writers) and is considered one round of revisions. Additional comment submissions are considered further revisions and will be deducted from revision total. Revision requests must be submitted via writing in The Jonas Music Services ® LLC online proofing webpage. Proof revisions will not be accepted by phone or e-mail.
After a client approves the final proof, Jonas Music Services ® LLC is NOT LIABLE for errors in a final product caused by any of the following: Misspelling, Graphics, Grammar, Punctuation, Incorrect Dates, Copy Information Omissions or Errors, Graphic design style, font size, color selections or any other visual or copy content.
By approving the final design proof you, the client, verify that you are satisfied with the project. You understand that your document will print, be visible on the web or be reproduced in print EXACTLY as it appears in your proof, that you cannot make any changes to an order once placed, and that you assume all responsibility for typographical, content and layout errors If you do request that changes be made to your proof after approval and before publication, print or upload, additional fees and production time will apply.
You may cancel your full service ePressKitz order prior to the final approval process. To do so, call 1-800-897-1774. Our Customer Service Team will inform you of any cancellation charges depending on the stage of your order. Written notice will also be required 7 business days prior to order cancellation.
If your project is canceled any applicable labor charges (marketing analysis, marketing consult, writing fees, graphics design, proof, etc.) or administrative fees (credit cards fees, etc.) will be deducted from your refund.
All agree that New York State Law shall govern this agreement.
All disputes arising under this Agreement shall be submitted to mutually agreed-upon binding arbitration in Ulster County, New York and settled in accordance with the rules of the American Arbitration Association. Judgment upon the arbitration award may be entered in any court having jurisdiction thereof. Disputes in which the amount at issue is less than $500 shall not be subject to this arbitration provision.
We reserve the right to terminate any account where: spam abuse reports are filed against our user by an ePressKitz e-mail recipient; where ePressKitz content violates the terms of service or may otherwise be objectionable, indecent, threatening, treasonous, resistant to any law of the United States, defamatory, or that infringes the intellectual property rights of another; where a user threatens a Jonas Music Services employee or representative; where an unresolved chargeback has been issued against Jonas Music Services ® LLC or ePressKitz; or where a kit has been unused for 24 months or more. If an account termination is issued due to one the reasons listed above no refund will be due.
We reserve the right to refuse service without disclosing a reason.
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