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TERMS OF SERVICE

KEY TERMS

This website is operated by Jahnae Shayna. Jahnae Shayna, affiliated entities, and is referred to herein as "Jahnae Shayna", "designer", "the designer", "I", "we", or "our".

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"Site" means the website jahnaeshayna.com, including all of its domains and subparts. 
 

"Content" means samples, logos, design, text, graphics, images, software, audio, video, works of authorship of any kind, and information and other materials that are posted, generated, provided, or otherwise available through or on the Site. 

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"Terms" and "Terms of Service" refers to the terms and conditions of these Terms of Service. By visiting our site and/or purchasing any goods from Jahnae Shayna, you agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including any additional terms and policies referenced herein and/or available by hyperlink.

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"User" means any visitor to the Site, regardless of whether the visitor registers for the Site or purchases any products from the Site and is referred to herein as "User," "The Client," "Client", or "you". These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

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"Footage" and "Content" refers to any photographs, comments, video clips, or other Content that Users, including you, may upload to the Site. Content includes, without limitation, User Content. We do not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights a User may have to use and exploit their own User Content.

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It is recommended that you thoroughly read these terms prior to accessing or using our website. Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. By purchasing, accessing or using any part of the site, you agree to be bound by these Terms of Service. This agreement has been made by and between the “Client” and the “Jahnae Shayna” for protection. In consideration of the mutual agreement made herein, both parties agree as follows:

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GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

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ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

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MODIFICATIONS TO THE SERVICE AND PRICES
All pricing is listed in USD unless otherwise agreed in advance. All prices for our products are subject to change without notice and will be effective immediately upon posting to the Site. All pricing is subject to change with special requests made by the client. If a pricing change is required, Jahnae Shayna will inform the client. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

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PRODUCTS OR SERVICES 
Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited. We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

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REFUNDS AND CANCELLATIONS

Jahnae Shayna does not provide refunds for any projects or service under any circumstance once samples have been issued, design work has started and/or labor has begun. At the start of a project, design time has been accumulated and refunds are no longer applicable. The Client having buyers remorse is not suitable means for a refund. Once payment has been made, the project will begin and the samples and following final design will be returned to the client/customer within the turnaround time frame given. If any dispute is filed while order is in progress, the order will be cancelled and the client will not receive any drafts or final projects. All designs, concepts, ideas, sketches, artwork and digital files prepared in connection with the project remain property and copyright of the designer. The only reason money will be refunded is if Jahnae Shayna is unable to complete the project due to personal reasons, sickness or injury. Once final files have been sent and delivered, no refund or payment shall be reimbursed. 

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LATE FEES
The Client is required to have all footage, information and ideas available at time of purchase. Upon purchase, the Client will be responsible to turn in all content required to turnaround the design to Jahnae Shayna within 4 days of purchase. If the Client is unable to turn in all required content within the required timeframe, the client must inform Jahnae Shayna, in which an arrangement can be made to to prevent any late fees. If the client fails to submit the required information within 15 days of purchase, the service will be cancelled and archived with no refund. 

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CONTENT AND QUESTIONNAIRES
The client agrees to fill out the questionnaire as thoroughly and specifically as possible within the required timeframe of 72 hours. Jahnae Shayna is not responsible for any misinformation and/or spelling errors included in the questionnaire by the client. Jahnae Shayna is not responsible for including design requests that were not mentioned in the questionnaire. Any design requests that were not mentioned in the questionnaire will constitute in the revision fee of $15 per new revision.

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REVISIONS
Revisions include minor movement of elements, change of font (where it has not been customized or fully animated), and minor change of colour. Revisions are intended to be used for small design changes and do not include a full redesign, new concept or anything that requires further research. Any and all changes that are not included in the original order form are subject to revision fees. Revisions are only completed during the creation period. Turnaround times for revisions are depending on the revision needed.

 

All artwork (including: logos, business cards, thank you cards, flyers, etc.) come with 3 free revisions. If 3 revisions is exceeded, a fee of $15 will be charged PER revision and MUST be paid before revisions are made. 

 

All video edits (including: intros, outros, video edits, etc.) come with 1 free revision included in the cost. If 1 revision is exceeded, a fee of $15+ will be charged PER revision and MUST be paid before revisions are made.

 

THIRD-PARTY LINKS
Certain content, products and Services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

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DRAFTS, FILES AND FINAL COPIES
Jahnae Shayna agrees to use details of the design questionnaire to create a sample. Samples of any kind are only used for approval. They are not to be manipulated, copied or used by the client. All samples are property of Jahnae Shayna. All designs, concepts, ideas, sketches, artwork and digital files prepared in connection with the project remain property and copyright of the designer. Jahnae Shayna considers the design project complete upon receipt of the client’s acceptance email of the sample. By approving a design after revisions, the client accepts they are happy with the final work. Jahnae Shayna will supply final files as detailed in the job scope or request. Once a project has been finalized and the files have been delivered to you, you own the rights to what you have purchased. No additional changes will be made once the final copies are sent to the client. It is the client's responsibility to keep all final files in a safe place. Jahnae Shayna is not responsible for any lost, damaged or misplaced digital files or projects. Jahnae Shayna retains the right to place designs, along with a link to the client’s site on Jahnae Shayna's platforms and own website for demonstration purposes and to use any designs in its own publicity and portfolios.

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BREAK OF COMMUNICATION AND ABANDONED PROJECTS
The client must reply to drafts with approval or revisions within 5 days of receiving. If the client does not respond within 5 days of when the sample was sent, Jahnae Shayna has the right to finalize the sample. The sample will then be marked as completed and sent to the client to the client. The order will not be resumed unless agreed upon by Jahnae Shayna and/or for an additional fee.

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NO DISTURBANCE CLAUSE AND TIMEFRAMES
In the course of the clients project, Jahnae Shayna will accept email communication. Jahnae Shayna does not operate outside of set business hours. Jahnae Shayna does not operate on public holidays, weekends and any announced vacations. Turnaround times vary based on the project and client. Your turnaround can be shorter or longer depending on the complexity and size of the project. Clients are informed of what to expect based on all information provided to the designer from the client. Jahnae Shayna agrees to keep the Client informed about all turnaround times and timeframes. Jahnae Shayna stands by a "no disturbance" clause during the design process. It is extremely important that the client allows Jahnae Shayna to work on the project without interruptions. The client must understand that Jahnae Shayna works best in a non-disturbance atmosphere. Jahnae Shayna agrees to provide the client with information detailing the start and end date or turnaround time agreed upon for the clients order. The client agrees to refer to the provided information. Jahnae Shayna has the right to refuse to work with the client without refund and for reasons including but not limited to disrespect and ill-manner.

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INDEMNIFICATION

You agree to indemnify, defend and hold harmless Jahnae Shayna and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

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DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.


You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.


In no case shall Jahnae Shayna, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

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