(i) Community and Seller Fees
There is no charge to join the Jimspost Community. There is a $ 1.99 per month (or more) seller fee for members who request more than
100MB of storage to sell content within the community. If you register for a plan with extra storage, you will be billed $ 1.99 or more for 30 days of selling privileges. Before the close of the 30 day period you will be billed for the next 30 days, unless you cancel your status as a seller. Canceling your seller status can be done on your Account Page.
(ii) Transaction Charges, File Transfer and Hosting
As part of the process of uploading Your Content for sale on Jimspost
you will designate a purchase price that end users must pay in order to
download Your Content. Except as otherwise set forth herein, In the
event Your Content is downloaded by end users, we will collect from the
end user the purchase price via Paypal (or other Jimspost approved
payment method). We will charge 25% or less of
the purchase price as a transaction fee. We will pay to You the remainder of
the gross revenues, less any affiliate "My Label" charges, based upon the
purchase price you have designated at the time of purchase.
Provided You have provided all the correct and necessary information to
Jims Post in order for Us to make payments to You. Payments to You
shall be sent by Jims Post within approximately thirty (30) days after
the end of any calendar month, at a minimum; provided that (a) Your
earned balance is $1.00 or more and (b) this Agreement has been in
effect for at least sixty (60) days. In the event that
this Agreement is terminated, Jims Post shall pay Your earned balance
to You within approximately ninety (90) days after the end of the
calendar month in which Jims Post recognizes that the Agreement has
been terminated. All references herein to dollars shall be to United
States dollars. Jims Post reserves the right to retain all other
revenues derived from Jims Post services.
If We incur extraordinary costs and expenses in hosting, indexing and displaying Your Content relative to its designated price, then We reserve the right to bill for a greater percentage of the revenues in order to defray such costs. Payments will be billed to your account within 120 days or less from the date of purchase. In the event that this Agreement is terminated, Jimspost shall bill the balance owed by you within approximately ninety (90) days after the end of the calendar month in which Jimspost recognizes that the Agreement has been terminated. Jimspost reserves the right to retain all other revenues derived from Jimspost services.
The number of purchases of Your Content, as reported by Jimspost, shall be the number used in calculating payments hereunder, if any. The number of purchases recorded by Jimspost shall be the conclusive and definitive amount for the purpose of calculation of any payments due and owing to You. You agree to pay all applicable taxes or charges imposed by any government entity in connection with Your rights and obligations under this Agreement. You further agree to indemnify Jimspost for any taxes, interest, penalties, etc. imposed on it by any taxing authority in the event that You fail to make any payment for which you are responsible, as provided herein. All references herein to dollars shall be to United States dollars. Notwithstanding the foregoing, Jimspost shall not be liable for any payment (i) based on any purchase or access to Your Content through any fraudulent or invalid means, including but not limited to the fraudulent use of credit cards of other means of payment, (ii) based on purchases of Your Content that are refunded or (iii) as a result of any claim that, if true, would constitute a breach of this Agreement, or (iv) as result of any other breach of this Agreement by You. Jimspost reserves the right to charge Your account due to any of the foregoing, or if necessary to enforce its rights under Section 5. You agree to cooperate with Jimspost in its investigation of any of the foregoing. To ensure proper payment, You are solely responsible for providing and maintaining accurate contact and payment information associated with Your account. All payments under this Agreement will reflect the payment of any taxes imposed by governmental entities of whatever kind and imposed with respect to transactions in connection with this Agreement. As seller or buyer You are responsible for the payment of any taxes for content sold or purchased on the Site.
Any bank fees related to returned or canceled checks, credit card or
account refusals due to a contact or payment information error or
omission may be billed to your account.
ADDITIONALLY, IN THE EVENT THAT WE MUST REFUND A BUYER'S PAYMENT.
3. Disclaimer and Limitation of Liability.
THE COMMUNITY, THE SITE, JIMSPOST PRODUCTS AND SERVICES, ANY COPY PROTECTION, SECURITY FEATURES ARE PROVIDED “AS IS” WITH NO WARRANTIES WHATSOEVER. JIMSPOST AND ITS LICENSORS AND THIRD-PARTY SERVICE PROVIDERS (including but not limited to server and hosting suppliers, telecommunications providers, power suppliers, and all other vendors and service providers (collectively “Service Providers”) expressly disclaim any warranties regarding the security, reliability, and performance of the Site, all technology used in connection with it, the Content, territorial restriction features and technology, the warranties or conditions of Noninfringement, Merchantability and Fitness for any particular purpose, and warranties as to the performance of computers or networks. JIMSPOST, ITS LICENSORS AND SERVICE PROVIDERS MAKE NO WARRANTY THAT ANY JIMSPOST PRODUCTS OR SERVICES WILL BE UNINTERRUPTED, TIMELY OR ERROR-FREE OR THAT THE RESULTS OR
INFORMATION OBTAINED FROM USE OF JIMSPOST PRODUCTS OR SERVICES WILL BE ACCURATE OR RELIABLE. IN NO EVENT SHALL JIMSPOST, ITS LICENSORS AND SERVICE PROVIDERS BE LIABLE UNDER THIS AGREEMENT FOR ANY DIRECT, CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES, WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF WE OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOT WITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
YOU UNDERSTAND AND AGREE THAT YOU USE THE SITE AND THE COMMUNITY AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR CONTENT, AND FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF THE SITE.
Further, we cannot guarantee continuous or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our Site. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Regardless of the above, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to us in the 3 months prior to the action giving rise to the liability, and (b) $100.
4.A.Content Rights and Usage for BUYERS
Jimspost does not transfer legal ownership of items from the seller to the buyer. AS A JIMSPOST COMMUNITY MEMBER, YOU ARE NOT BUYING THE ACTUAL CONTENT POSTED ON THE SITE, YOU ARE BUYING THE RIGHT TO USE THE CONTENT FOR
PERSONAL USE. You do not have the right to resell or transfer downloaded Content to other parties. You do not have the right to copy or reproduce downloaded Content. You do not have the right to repost or broadcast downloaded Content for resale or redistribution. You do not have the right to display the Content publicly. IF YOU PASS CONTENT ALONG OR REPOST OR DISPLAY IT ANYWHERE, JIMSPOST MAY COLLECT LOST REVENUES AND OR DAMAGES FROM YOU. IN ADDITION, THE RIGHTS HOLDER MAY DEMAND FURTHER COMPENSATION AND PURSUE LEGAL ACTION, INDEPENDENT OF ANY ACTION JIMSPOST MAY TAKE.
The Content Provider grants you a limited, non-transferable, non-assignable, worldwide, non--exclusive right to use the Content solely for your own internal non-commercial personal use. The rights granted hereunder constitute a license, not a sale, of the applicable
4.A.a. Restrictions on Use of Content
You agree that you will not, nor will you authorize or permit others to: (1) reverse engineer, decompile or disassemble the software elements of the Content or otherwise attempt to discover the source code of the software elements of the Content; (2) sell, rent, lease, license, sublicense, transfer, distribute, re-transmit, time-share, use or make available on a service bureau, or otherwise assign to any third party the Content or any of your rights to license the Content, (3) modify the Content or create any derivative works based on the Content; or (4) circumvent any encryption or other security tools used anywhere in the Content, or the web site.
As between the parties, the Content and all patents, copyrights, trade secrets, trademarks, service marks, know-how and any other proprietary rights therein or thereto, is the sole and exclusive property of Content Provider (or Content Provider’s licensors), and you gain no right, title or interest in and to the Content by virtue of this Agreement.
Limited Publishing Rights are offered for some Content, and an exception is made to this agreement only in the event that such Content Publishing Rights are purchased.
4.A.c Limited Publishing Rights or Publish It Once Rights
For sellers of digital images only, not for sellers of digital video, Jims Post provides the seller an option to offer the image for one time publication. The price for the limited publishing is a second price to be set by the seller at the time of file upload. As with the sale of any image on Jims Post, the seller must have legal and written rights to the image and permission from any actors or models (and if they are not adults, the permission of their legal guardian) if they are featured in the image.
Buyers purchasing a file for limited publication or Single Publication Rights, are not purchasing the file or image itself, but are purchasing a RIGHT TO A SINGLE PUBLICATION OF THAT IMAGE IN A CATALOGUE, PAMPHLET, OR PRINT PUBLICATION, OR WEB PUBLICATION, OR WEBSITE, ON A SINGLE WEB PAGE ONLY. The buyer agrees that they are purchasing the file “as is” and not to hold Jims Post responsible for any claims against that image quality, or by any third parties as to copyrights or released rights to their likeness, or any other rights pertaining to the image. As with all other Jims Post files, the buyer agrees that they are purchasing the file and these limited publication rights from the seller who has posted the file.
The buyer agrees to notify the seller of the published location or final product by email to the seller’s Jims Post email address.
4.B. Content Rights and Usage for SELLERS
AS A SELLER you must have the right to use all of the Images, Music and Data in Your Content, and You must have the right to grant the Licenses in this Agreement. By entering into this Agreement and uploading or otherwise providing Your Content to Jimspost, You represent and warrant to Jimspost the following: (a) all of the information provided by You to Jimspost to enroll and participate in the Community is correct and current (including without limitation information You provide in the registration form); (b) Your Content is not, in whole or in part, pornographic or obscene; (c) You hold and will continue to hold the necessary rights, including but not limited to all copyrights, trademark rights and rights of publicity for Your Content. You further represent and warrant that the Content and the rights and licenses granted to Jimspost under this Agreement and Jimspost’s authorized use of Your Content (including the public display, public performance, distribution and reproduction of Your Content): (i) do not and will not violate any applicable law, statute, ordinance or regulation and (ii) do not breach and will not breach any duty toward or rights of any person or entity including, without limitation, rights of intellectual property, publicity or privacy, or rights or duties under consumer protection, product liability, tort or contract theories.
5. Your Obligation to Indemnify.
You agree to indemnify, defend and hold Jimspost and its respective directors, officers, employees, and applicable third parties (e.g. relevant advertisers, syndication partners, licensors, licensees, consultants and contractors) (collectively “Indemnified Person(s)”) harmless from and against any and all third party claims, liability, loss and expense (including reasonable legal fees, damage awards, and settlement amounts) brought against any Indemnified Person(s) arising out of, or related to or which may arise from Your Content, Your Brand Features, Jimspost’s authorized use of any of the foregoing, Your use of the Site, and/or Your breach of this Agreement. The Indemnified Persons may in their sole discretion control the defense, at Your expense, of any claim indemnified herein. In the event that the Indemnified Parties determine not to control the defense of any claim hereunder, any Indemnified Person may join in defense with counsel of its choice at its own expense. You will not settle or resolve any such claim in a manner that imposes any liability or obligation on Jimspost or affects Jimspost’s rights in connection therewith without the advance written approval of Jimspost, which will not be unreasonably withheld or delayed.
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
7. Termination; Withdrawal of Content.
Either party may terminate this Agreement immediately upon written notice to the other party if the other party files a petition for bankruptcy, becomes insolvent, or makes an assignment for the benefit of its creditors, or a receiver is appointed for the other party or its business. You may terminate this Agreement for convenience upon thirty (30) days prior written notice. You may withdraw Your Content from public display on the Site by providing Jimspost with a written request as set forth in the FAQ. Jimspost will use commercially reasonable efforts to remove Your Content from public display within thirty (30) days from receipt of notice of termination or withdrawal. Jimspost may at any time in its sole discretion and without liability to Jimspost terminate the Community or any product, service or feature offered in the Community, terminate this Agreement, or withdraw any Content on the Site.
8. Privacy and Information Rights.
Unless provided for to the contrary in this Agreement, any and all notices or other communications or deliveries required or permitted to be made under this Agreement shall be sent (a) if to You at the electronic mail address You provide in registering with the Community
and (b) if to Jimspost at email@example.com or as otherwise provided in writing for such notice purposes. A second copy of every notice to Jimspost shall be sent to the same address, "Attn: Legal Dept." In the case of a postal address delivery, notice shall be deemed received (i) upon receipt when delivered personally, (ii) upon written verification of receipt from overnight courier, (iii) upon verification of receipt of registered or certified mail (iv) upon verification of receipt via
facsimile, provided that such notice is also sent simultaneously via first class mail (v) upon verification of receipt via electronic mail (vi) by electronic mail when sent by Jimspost only. Contact information shall be updated as necessary to ensure that each party has current information regarding all such contacts.
b. Various.) You may not resell, assign or transfer any of Your rights hereunder. Any such attempt shall be null and void. The relationship between Jimspost and You is not one of a legal partnership relationship, but is one of independent contractors. The words “You” or “Your” shall also mean heirs, executors, administrators, successors, legal representatives and permitted assigns. This Agreement does not affect any right that either party would have had, or shall have, independent of the Agreement including rights relating to Authorized Content under applicable law, including but not limited to copyright law. Neither party shall be liable for failing or delaying performance of its obligations resulting from any condition beyond its reasonable control, including but not limited to, governmental action, acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures, and Internet or other network disturbances. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and remain enforceable between the parties. The failure of either party to act in the event of a breach of this Agreement by the other shall not be deemed a waiver of such breach or a waiver of future breaches. The section titles used in this Agreement are purely for convenience and carry with them no legal or contractual effect. Except as to any prior version of this Content Hosting Service Agreement between you and Jimspost that sets forth the license to and use by Jimspost of your Content, (i) nothing in this Agreement is intended to be, or will be construed as, altering, revising, modifying or otherwise amending any other content hosting services agreement; and (ii) in the event of a conflict between this Agreement and any other content hosting service agreement that You enter into with Jimspost with respect to Your Content, the terms of that other content hosting services agreement shall govern. Except as otherwise set forth herein, this Agreement sets forth the entire understanding and agreement between the parties with respect to the subject matter hereof. This Agreement shall be construed as if jointly drafted by the parties. This Agreement shall be governed by the laws of the State of California, without regard to its principles of conflicts of law. Any litigation hereunder shall be brought in any state or federal court of competent jurisdiction in Los Angeles County, California; the parties agree that venue shall be proper in, and consent to the personal jurisdiction of, such courts. The parties specifically exclude from application to the Agreement the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act.
Failure to follow the above agreement will result in your suspension from the Jimspost community, and may include loss of revenues, as well as additional fees by Jimspost and its members for services, lost revenues, and damages.
If you violate the above agreement, it can be expensive for all of us, yourself included; WE RESERVE THE RIGHT TO COLLECT COMPENSATION ON BEHALF OF JIMSPOST AND ITS MEMBERS FOR COSTS RELATED TO ANY BREACH OF JIMSPOST POLICIES
We may amend this Agreement at any time by posting the amended terms on the Site. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted on the Site. Additionally, we will notify you through the Site's message center tools. This Agreement may not be otherwise amended except in a writing signed by You and Us. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of this Agreement: Payment (with respect to fees owed for our services), Disclaimer and Limitation of Liability, Content Rights and Usage, Your Obligation to Indemnify, Release, and Miscellaneous.
We want your experience with the Jims Post community to be a positive one. If you've had a problem with the site please let us know--it's important to us. Send us an email at: