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Terms of Service
Acceptance of Terms of Service: Jkire Studios and Erik J Skinner welcome you to use our suite of websites and online tools and resources, together referred to as the “Service.” jkire.com provides its online Service to you subject to the following Terms of Service (”TOS”), which may be updated from time to time without notice to you. You can review the most current version of the TOS at any time at http://jkire.com/home/terms-of-service/. In addition, you shall be subject to any posted guidelines or rules applicable to such Service, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. By using the Service in any way, you are agreeing to fully comply with the TOS, and should you object to any term or condition for the use of the Service or contained in the TOS, your only recourse is to discontinue using the Service.
Copyright: All content found on this site (http://jkire.com) is copyright Erik J Skinner unless otherwise specified, and may not be reproduced or sold without permission from Erik J Skinner. Copyright is NOT transferred with the purchase of any originals, prints or other merchandise. All rights not expressly granted are reserved to Erik J Skinner.
Usage: Permission is granted for anyone to use images found on this site for personal use ( Examples: a Facebook profile picture or a birthday card for a friend.) as long as copyright notice is given in the name of Erik J Skinner and/or jkire.com when possible. Preserving the watermarks present on most images fulfills this condition. If you are interested in using an image for commercial applications, and/or would like a higher resolution copy of an image, please contact Erik at erik@jkire.com for a price quote and licensing information. Content may occasionally be released under a creative commons license, further details will be provided alongside that content.
Requests: A feature of this Service is the invitation for you to request free artwork. By making a request, you agree that the artwork resulting from your request is the property of Erik J Skinner and may be used and licensed for future projects. Requests will be published in digital form on jkire.com, and may be used as described in the previous “Usage” section.
Merchandise: For customer support regarding merchandise purchased here on jkire.com via paypal checkout, please contact Erik at erik@jkire.com. Merchandise sold through companies outside of jkire.com (Example: deviantART or spreadshirt.com) is produced by those companies and jkire.com is not responsible for any production or shipping and handling errors. Please contact the vendor you ordered from for customer support.
Refunds: Refunds are not available for custom art, digital content, or donations. Books, DVDs and other physical items may be returned within 7 days of receiving the item. You, the buyer, are responsible for the cost of return shipping.
Donations and Payments: Donations and Payments made directly on this site are processed securely through PayPal. If there are any issues with a payment please contact at erik@jkire.com. For more information about donations, go to http://jkire.com/donate.
E-Mail and Privacy: The Service requires you submit your name and a valid e-mail when requesting artwork. Payments and donations made through PayPal also require your name and e-mail. This information will only be used for communication regarding your artwork requests, the delivery of any purchased and/or bonus content, and will never be shared with anyone outside of administrators of jkire.com
User Conduct: You agree that all postings and communications you make through the Service are your sole responsibility. This means that you, and not jkire.com, are entirely responsible for all Content you post. jkire.com reserves the right to reject and remove any content or users who conduct themselves in a harmful or offensive manner.
Linking: jkire.com may, from time-to-time, link to other websites which are operated independently from jkire.com. You agree that your linking to any such website is at your own risk, and jkire.com bears no responsibility for your linking or for the content or information contained in any such website, including the accuracy thereof.
Traffic Data: Anonymous traffic data is currently collected through WordPress.com Stats. This data may be used for advertising in the future, but for now will only help jkire.com determine how to shape and evolve the site’s content.
Modification of Service: jkire.com reserves the right at any time and from time to time to modify, limit or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that jkire.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Disclaimer of Warranties: YOU AGREE AND ACKNOWLEDGE THAT JKIRE.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. JKIRE.COM MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. YOU AGREE AND ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU AGREE AND ACKNOWLEDGE THAT DOWNLOADING OR OTHERWISE OBTAINING MATERIAL THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK. JKIRE.COM IS IN NO WAY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU AGREE AND ACKNOWLEDGE THAT NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM JKIRE.COM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
Limitation of Liability: YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT JKIRE.COM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES EVEN IF JKIRE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: THE USE OR THE INABILITY TO USE THE SERVICE; THE COST OF PROCUREMENT OF A SUBSTITUTE SERVICE AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR ANY OTHER MATTER RELATING TO THE SERVICE.
Indemnification: You agree to indemnify and hold jkire.com, its principals, officers, directors, employees, agents, successors, and assigns harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content that you submit, post or make available through jkire.com’s Service, of your use of jkire.com’s Service, your violation of the TOS, your breach of any of the representations and warranties herein, or your violation of the rights of another.
Governing Law: You agree and acknowledge that the laws of the State of Colorado shall govern the Terms and the relationship between you and jkire.com without regard to its conflict of law provisions. You agree and acknowledge to submit to the personal and exclusive jurisdiction of the courts located within the State of Colorado. You agree and acknowledge that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or forever be barred.
Miscellaneous: The Terms constitutes the entire agreement between you and jkire.com and governs your use of the Service, superseding any prior agreements between you and jkire.com. jkire.com’s failure of to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.