Terms of service

By accessing or using Jacobmarket.com, or any other website with an authorized link to this Agreement (“Website”), registering an account or accessing or using any content, information, services, features or resources available or enabled via the Website (collectively, the “Services”), or clicking on a button or taking another action to signify your acceptance of this Agreement, you: (1) agree to be bound by this Agreement and any future amendments and additions to this Agreement as published through the Services; (2) represent you are of legal age in your jurisdiction of residence to form a binding contract; and (3) represent that you have the authority to enter into this Agreement personally and, if applicable, on behalf of any company, organization or other legal entity on whose behalf you use the Services. Except as otherwise provided herein, if you do not agree to be bound by this Agreement, you may not access or use the Services.

Jacobmarket reserves the right to modify this Agreement or its policies relating to the Services at any time, effective upon posting of an updated version of this Agreement on the applicable Services. You should regularly review this Agreement, as your continued use of the Services after any such changes constitutes your agreement to such changes.

Our store is hosted on Wix. They provide us with the online e-commerce platform that allows us to sell our Products to you.

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Products. Certain merchandise (“Products”) may be available exclusively online through the website. These Products may have limited quantities and are subject to return or exchange only in accordance with Jacobmarket’s return policy, set forth in the FAQs available at https://www.jacobmarket.com/refund-policy. We have made every effort to display as accurately as possible the colors and images of our Products. 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 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 that we offer. Products are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any Product at any time. Any offer for any Products made on the Services is void where prohibited.

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Order Process. Order Acceptance. Each part of any order that you submit to Jacobmarket constitutes an offer to purchase. If you do not receive a message from Jacobmarket confirming receipt of your order, please submit a ticket to our Customer Service at info@jacobmarket.com, before re-submitting your order. Jacobmarket’s confirmation of receipt of your order does not constitute Jacobmarket's acceptance of your order. Jacobmarket is only deemed to have accepted your order once the product(s) you ordered have been shipped (the “Product”).

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Order Issues. Although we strive to accept all valid orders, Jacobmarket reserves the right to deny any order for any reason, including if: (I) we discover an error in pricing and/or other information about the Product or receive insufficient or erroneous billing, payment, and/or shipping information, (II) we suspect an order has been placed using stolen payment card information or otherwise appears to be connected to fraud, or (III) the ordered Product is unavailable due to discontinuance or otherwise. We may also refuse any order that is connected with a previous payment dispute.

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Order Cancellation. If any Product is discontinued or otherwise becomes unavailable, Jacobmarket reserves the right to cancel your order and provide you a refund for the amount paid for the Product.

Restrictions on Resale. To protect the intellectual property rights of Jacobmarket and its licensors and suppliers, any resale of Products for personal and/or business profit is strictly prohibited. Jacobmarket reserves the right to decline any order that we deem to possess characteristics of reselling. Fees and Purchase Terms. Payment. You agree to pay for all orders made from your Account in accordance with the prices and billing terms in effect at the time an order is made from your Account. You also agree to pay all applicable taxes. To make an order through the Services, you must provide valid payment information. By providing your payment information, you agree that Jacobmarket is authorized to immediately invoice your Account for all fees and charges due and payable to Jacobmarket hereunder and that no additional notice or consent is required. You agree to immediately notify Jacobmarket of any change in your billing address, debit card, credit card, or other relevant payment account information. Jacobmarket allows you to make purchases using a credit card or your account information Google Inc. (“Google Pay”), Apple payments Inc. (Apple Pay), and PayPal, Inc. (“PayPal”), which are our third-party service providers for payment services (e.g., credit card transaction processing, merchant settlement, and related services). Google Pay’s Terms of Service available at https://payments.google.com/payments/apis-secure/u/0/get_legal_document?ldo=0&ldt=googlepaytos&ldl=und#SafeHtmlFilter_US and Privacy Notice at https://payments.google.com/payments/apis-secure/u/0/get_legal_document?ldo=0&ldt=privacynotice; Apple pay´s user agreement available at https://www.apple.com/legal/applepayments/. And PayPal’s User Agreement available at https://www.paypal.com/us/webapps/mpp/ua/useragreement-full and Privacy Policy available at https://www.paypal.com/us/webapps/mpp/ua/privacy-full, as applicable. You hereby consent to provide and authorize Jacobmarket, Google Pay, Apple Pay, PayPal, and Wix to share any information and payment instructions you provide to the extent required to complete the payment transactions in accordance with the Terms, including personal, financial, credit card payment, and transaction information.

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Refunds. All fees are non-refundable. Discounts and Promo Codes. We may, in our sole discretion, create discounts and promotional codes that may be redeemed for credit in your Account, or other features or benefits, subject to any additional terms that we establish on a per promotional code basis (“Promo Codes”). Promo Codes may only be used once per person. Only Promo Codes sent to you through official Jacobmarket communications channels are valid. You agree that Promo Codes: (I) must be used for the intended audience and purpose, and in a lawful manner; (II) may not be duplicated, sold, or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by us; (III) may be disabled by us at any time for any reason without liability to us; (IV) may only be used pursuant to the specific terms that we establish for such Promo Code; (V) are not redeemable for cash; and (VI) may expire prior to your use.

Ownership of and License to Use Services. Use of the Services. Jacobmarket and its suppliers own all rights, title and interest in the Services. The Services are protected by copyright and other intellectual property laws throughout the world.

Subject to this Agreement, Jacobmarket grants you a limited license to access the Website and use the Services solely for your personal non-commercial purposes. Any future release, update or other addition to the Services shall be subject to this Agreement. Jacobmarket, its suppliers and service providers reserve all rights not granted in this Agreement.

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Trademarks. Jacobmarket’s stylized name and other related graphics, logos, trademarks, service marks and trade names used on or in connection with the Services are the property of Jacobmarket and may not be used without our written permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in the Services are the property of their respective owners. You will not remove, alter or obscure any copyright notice, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services. Restrictions on Use of Services. The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Services or any portion of the Services; (b) you shall not frame or use framing techniques to enclose any trademark, service mark, logo or Services (including images, text, page layout or form) of Jacobmarket; (c) you shall not use any metatags or other “hidden text” using Jacobmarket's name, service marks, or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Services except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from the Services (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) you shall not access the Services to build a similar or competitive website, application or service; (g) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Services; (i) you shall not interfere with or attempt to interfere with the proper functioning of the Services or use the Services in any way not expressly permitted by this Agreement; and (j) you shall not attempt to harm our Services, including but not limited to, by violating or attempting to violate any related security features, introducing viruses, worms, or similar harmful code into the Services, or interfering or attempting to interfere with use of the Services by any other user, host or network, including by means of overloading, “flooding,” “spamming,” “mail bombing”, or “crashing” the Services. Any unauthorized use of the Services terminates the licenses granted by Jacobmarket pursuant to this Agreement.

Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to Jacobmarket (“Feedback”) is at your own risk and that Jacobmarket has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Jacobmarket a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Services.
 Third-Party Products and Services. The Services may contain links to third-party services such as third party websites or advertisements (“Third-Party Services”) as well as products that are provided or made available by third parties (“Third-Party Products”). When you click on such a link, we will not warn you that you have left the Services. Jacobmarket does not control and is not responsible for Third-Party Services or Third-Party Products. Jacobmarket provides these Third-Party Products and Third-Party Services only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to them, or any content, products or services accessible through such links. Your use of all Third-Party Services and Third-Party Products is at your own risk.

Indemnification. You agree to indemnify and hold Jacobmarket, its corporate parents, subsidiaries, and affiliates, and the officers, directors, employees, agents, representatives, partners and licensors of each (collectively, the “Jacobmarket Indemnitees”) harmless from any damages, losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of any claims concerning: (a) your misuse of the Services; (b) your violation of this Agreement; (c) your violation of any rights of another party, including any Users; or (d) your violation of any applicable laws, rules or regulations. Jacobmarket reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Jacobmarket in asserting any available defenses. This provision does not require you to indemnify any of the Jacobmarket Indemnitees for any unconscionable commercial practice by such party or for such party's negligence, fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact. You agree that the provisions in this section will survive any termination of your Account, this Agreement or your access to the Services.

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Disclaimer of Warranties and Conditions. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICES AND ANY PRODUCTS OFFERED THROUGH THE SERVICES IS AT YOUR SOLE RISK, AND THE SERVICES AND ANY PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE JACOBMARKET INDEMNITEES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT ARISING FROM THE PRODUCTS AND SERVICES. DESCRIPTIONS, IMAGES, REFERENCES, FEATURES, CONTENT, SPECIFICATIONS, PRODUCTS, PRICES, AND AVAILABILITY OF ANY PRODUCTS ARE SUBJECT TO CHANGE WITHOUT NOTICE. OUR CURRENT PRICES CAN BE FOUND ON THE SERVICES. THE INCLUSION OF ANY PRODUCTS ON THE SERVICES AT A PARTICULAR TIME DOES NOT IMPLY OR WARRANT THAT THESE PRODUCTS WILL BE AVAILABLE AT ANY TIME.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Limitation of Liability. Disclaimer of Certain Damages. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE JACOBMARKET INDEMNITEES SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS OR REVENUE OR FOR INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF DATA, PRODUCTION, OR USE, BUSINESS INTERRUPTION OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER OR NOT JACOBMARKET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Cap on Liability. UNDER NO CIRCUMSTANCES WILL THE TOTAL AGGREGATE AMOUNT THAT THE JACOBMARKET INDEMNITEES ARE LIABLE TO YOU EXCEED THE TOTAL AMOUNT ACTUALLY PAID TO JACOBMARKET BY YOU FOR THE PRODUCTS GIVING RISE TO THE LIABILITY.

Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN JACOBMARKET AND YOU.

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Exclusions. THE LAWS OF SOME STATES DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU AND YOU MIGHT HAVE OTHER RIGHTS.

Termination. At its sole discretion, Jacobmarket may modify or discontinue the Services, or may modify, suspend or terminate your access to the Services, for any reason, with or without notice to you and without liability to you or any third party. In addition to suspending or terminating your access to the Services, Jacobmarket reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal or injunctive redress. Even after your right to use the Services is terminated, this Agreement will remain enforceable against you and unpaid amounts you owe to Jacobmarket for Products purchased will remain due. Upon termination of this Agreement, all provisions which by their nature are intended to survive termination will survive, including without limitation, ownership provisions, warranty disclaimers, and limitations of liability. International Users. The Services are controlled and offered by Jacobmarket from its facilities in the Czech Republic. Jacobmarket makes no representations that the Services are appropriate or available for use in other locations or that we ship to your location. Those who access or use the Services from other countries do so at their own volition and are responsible for compliance with local law. Dispute Resolution. Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with Jacobmarket, its parent companies, subsidiaries, affiliates, successors and assigns and all of their respective officers, directors, employees, agents, and representatives (collectively, the “Jacobmarket Parties”) and limits the manner in which you can seek relief from the Jacobmarket Parties.

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Applicability of Arbitration Agreement. You agree that any dispute between you and any of the Jacobmarket Parties relating in any way to the Services, the Products, or this Agreement, will be resolved by binding arbitration, rather than in court, except that (1) you and the Jacobmarket Parties may assert individualized claims in small claims court if the claims qualify, remain in such court and advance solely on an individual, non-class basis; and (2) you or the Jacobmarket Parties may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall survive the expiration or termination of this Agreement and shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of this Agreement or any prior version of this Agreement. This Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state or local agencies. Such agencies can, if the law allows, seek relief against the Jacobmarket Parties on your behalf.

Authority of Arbitrator. The arbitrator shall have exclusive authority to resolve all disputes subject to arbitration hereunder including, without limitation, any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement and any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitrator will decide the rights and liabilities, if any, of you and the Jacobmarket Parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual party under applicable law, the arbitral forum’s rules, and this Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which any award (or decision not to render an award) is based, including the calculation of any damages awarded. The arbitrator shall follow the applicable law. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and the Jacobmarket Parties.

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BY ENTERING INTO THIS ARBITRATION AGREEMENT, YOU AND EACH OF THE JACOBMARKET PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ALL CLAIMS AND DISPUTES SUBJECT TO ARBITRATION UNDER THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, COLLECTIVE OR REPRESENTATIVE BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE FOR CLAIMS SUBJECT TO ARBITRATION UNDER THIS ARBITRATION AGREEMENT, AND CLAIMS OF ONE USER OR PERSON CANNOT BE ARBITRATED OR CONSOLIDATED WITH CLAIMS OF ANY OTHER USER OR PERSON

Assignment. This Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Jacobmarket’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Force Majeure. Jacobmarket shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials. Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to the Services, please contact our customer service department using the contact information available on the Services. We will do our best to address your concerns.

Notice. Where Jacobmarket requires that you provide an e-mail address, you are responsible for providing Jacobmarket with your most current e-mail address. In the event that the last e-mail address you provided to Jacobmarket is not valid, or for any reason is not capable of delivering to you any notices required/permitted by this Agreement, Jacobmarket’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. Waiver. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

Severability. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.

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Export Control. You may not use, export, import, or transfer the Services except as authorized by EU law, the laws of the jurisdiction in which you obtained the Services, and any other applicable laws. In particular, but without limitation, the Services may not be exported or re-exported (a) into any Europe embargoed countries, or (b) to anyone on the EU Treasury Department's list of Specially Designated Nationals or the EU Department of Commerce's Denied Person's List or Entity List. By using the Services, you represent and warrant that (I) you are not located in a country that is subject to a EU Government embargo, or that has been designated by the EU Government as a “terrorist supporting” country and (II) you are not listed on any EU Government list of prohibited or restricted parties. You also will not use the Services for any purpose prohibited by EU law.

Entire Agreement. This Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter. Jacobmarket Preset Terms of Sale These Terms of Sale (these “Terms”) govern your access to and use of tools and presets (each, a “Preset”) made available by After Jacobmarket (“Jacobmarket,” “we,” “us” or “our”). Jacobmarket is a outside of box thinking streetwear apparel and accessory brand that makes its products available via various distribution channels and retail outlets, including, without limitation, via the Jacobmarket website located at www.jacobmarket.com (the “Jacobmarket Platform”). Users will have the ability to purchase a bundle of one or more Presets offered on the Jacobmarket Platform (“Preset Pack”). Such purchases and use are subject to this Agreement.

PLEASE READ THESE TERMS CAREFULLY. THE JACOBMARKET PLATFORM AND ANY INFORMATION ON IT ARE CONTROLLED BY JACOBMARKET. THESE TERMS GOVERN YOUR USE OF THE JACOBMARKET PLATFORM, PRESETS, AND PRESET PACKS, AND APPLY TO ALL INTERNET USERS VISITING THE JACOBMARKET PLATFORM. BY ACCESSING OR USING THE JACOBMARKET PLATFORM IN ANY WAY, INCLUDING USING THE SERVICES AND RESOURCES AVAILABLE OR ENABLED VIA THE JACOBMARKET PLATFORM TO VIEW OR PURCHASE THE PRESETS (EACH A “SERVICE” AND COLLECTIVELY, THE “SERVICES”) THESE TERMS APPLY TO YOU. BY CLICKING ON THE “I ACCEPT” BUTTON AND/OR BROWSING THE JACOBMARKET PLATFORM, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH JACOBMARKET, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THESE TERMS PERSONALLY OR ON BEHALF OF THE ENTITY YOU HAVE NAMED AS THE USER, AND TO BIND THAT ENTITY TO THE TERMS. THE TERM “YOU” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, IDENTIFIED AS THE USER OF THE JACOBMARKET PLATFORM. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MAY NOT ACCESS OR USE THE JACOBMARKET PLATFORM, INCLUDING ANY PURCHASE OR USE OF THE PRESETS.

PLEASE BE AWARE THAT (JACOBMARKET COMMUNICATIONS) OF THIS AGREEMENT, CONTAINS YOUR OPT-IN CONSENT TO RECEIVE COMMUNICATIONS FROM US, INCLUDING VIA E-MAIL, TEXT MESSAGE, AND CALLS.

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Your use of, participation in, or purchase of certain Presets may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will either be listed in these Terms or will be presented to you for your acceptance when you sign up to use the supplemental Service. If these Terms are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such Presets. These Terms and any applicable Supplemental Terms are referred to herein as the “Agreement.”

Jacobmarket reserves the right to change or modify this Agreement at any time and in our sole discretion. If we make changes to this Agreement, we will provide notice through the Jacobmarket Platform or updating the “Last Updated” date at the beginning of this Agreement. By continuing to access or use the Jacobmarket Platform at any point after such update, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference. We encourage you to review this Agreement frequently to ensure that you understand the terms and conditions that apply when you access or use the Jacobmarket Platform. If you do not agree to the revised Terms, you may not access or use the Jacobmarket Platform.

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USE OF THE JACOBMARKET PLATFORM. The Jacobmarket Platform is protected by copyright laws throughout the world. Unless otherwise specified by Jacobmarket in a separate license, your right to use any and all Jacobmarket Platform is subject to the Agreement. Certain Restrictions. As a condition of use, you agree not to use Presets for any purpose that is prohibited by this Agreement or by applicable law. The rights granted to you in the Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Presets or any portion of the Presets; (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other Jacobmarket Platform (including images, text, page layout or form) of Jacobmarket; (c) you shall not use any metatags or other “hidden text” using Jacobmarket’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of Jacobmarket Platform or Presets except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Jacobmarket Platform (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Jacobmarket Platform for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) except as expressly stated herein, no part of the Presets may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (g) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in Preset. Any future release, update or other addition to the Presets shall be subject to the Agreement. Jacobmarket, its suppliers and service providers reserve all rights not granted in the Agreement. Any unauthorized use of any Presets terminates the licenses granted by Jacobmarket pursuant to the Agreement. Jacobmarket Communications. By entering into this Agreement or using the Jacobmarket Platform, you agree to receive communications from us, including via email. PLEASE BE AWARE THAT SECTION (Jacobmarket COMMUNICATIONS) OF THIS AGREEMENT, BELOW, CONTAINS YOUR OPT-IN CONSENT TO RECEIVE COMMUNICATIONS FROM US, INCLUDING VIA E-MAIL, TEXT MESSAGE, AND CALLS.

Your use of, participation in, or purchase of certain Presets may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will either be listed in these Terms or will be presented to you for your acceptance when you sign up to use the supplemental Service. If these Terms are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such Presets. These Terms and any applicable Supplemental Terms are referred to herein as the “Agreement.”

Jacobmarket reserves the right to change or modify this Agreement at any time and in our sole discretion. If we make changes to this Agreement, we will provide notice of such changes, such as by sending an email notification, providing notice through the Jacobmarket Platform or updating the “Last Updated” date at the beginning of this Agreement. By continuing to access or use the Jacobmarket Platform at any point after such update, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference. We encourage you to review this Agreement frequently to ensure that you understand the terms and conditions that apply when you access or use the Jacobmarket Platform. If you do not agree to the revised Terms, you may not access or use the Jacobmarket Platform.

Jacobmarket Platform. You agree that Jacobmarket and its suppliers own all rights, title and interest in Jacobmarket Platform. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying any Jacobmarket Platform. and all related graphics, logos, service marks and trade names used on or in connection with any Jacobmarket Platform or in connection with the Services are the trademarks of Jacobmarket and may not be used without permission in connection with your, or any third-party, products or services. Other trademarks, service marks and trade names that may appear on or in Jacobmarket Platform are the property of their respective owners. You agree that submission of any ideas, suggestions, documents, and/or proposals to Jacobmarket through its suggestion, feedback, forum, or similar pages (“Feedback”) is at your own risk and that Jacobmarket has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Jacobmarket a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of Jacobmarket Platform and/or Jacobmarket ’s business. FEES AND PURCHASE TERMS. General Purpose of Agreement: Sale of Goods, not Software. The purpose of the Agreement is for you to secure access to the Presets. All fees set forth within and paid by you under the Agreement shall be considered solely in furtherance of this purpose. In no way are these fees paid considered payment for the sale, license, or use of Jacobmarket’s Platform, and, furthermore, any use of Jacobmarket’s Platform by you in furtherance of the Agreement will be considered merely in support of the purpose of the Agreement. You agree to pay all fees or charges to your purchase in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. You must provide Jacobmarket with a valid credit card (Visa, MasterCard, or any other issuer accepted by us) or PayPal account of a payment provider (“Payment Provider”), or purchase order information, as a condition to purchase the Presets. Your Payment Provider agreement governs your use of the designated credit card, and you must refer to that agreement, not this Agreement, to determine your rights and liabilities. By providing Jacobmarket with your credit card number or and associated payment information, you agree that Jacobmarket is authorized to immediately invoice you for all fees and charges due and payable to Jacobmarket hereunder and that no additional notice or consent is required. You agree to immediately notify Jacobmarket of any change in your billing address or the credit card or used for payment hereunder. Jacobmarket reserves the right at any time to change its prices and billing methods, either immediately upon posting on Jacobmarket Platform or by e-mail delivery to you.

Order Acceptance; Returns. Your receipt of an electronic or other form of order confirmation does not signify Jacobmarket ’s acceptance of your order, nor does it constitute confirmation of our offer to sell. Jacobmarket reserves the right at any time after receipt of your order to accept or decline your order for any reason. Jacobmarket further reserves the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Your order will be deemed accepted by Jacobmarket upon our delivery of the products that you have ordered. We may require additional verifications or information before accepting any order. All sales of products are subject to Jacobmarket ’s then-current return policies, and you acknowledge and agree that Jacobmarket, in its sole and absolute discretion, may not permit any returns. If the Preset, or payments for the Presets, under the Agreement are subject to any Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to Jacobmarket, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and you will indemnify Jacobmarket for any liability or expense Jacobmarket may incur in connection with such Sales Taxes. Upon Jacobmarket ’s request, you will provide it with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. For purposes of this section, “Sales Tax” shall mean any sales or use tax and any other tax measured by sales proceeds that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.

Withholding Taxes. You agree to make all payments of fees to Jacobmarket free and clear of, and without reduction for, any withholding taxes. Any such taxes imposed on payments of fees to Jacobmarket will be your sole responsibility, and you will provide Jacobmarket with official receipts issued by the appropriate taxing authority, or such other evidence as we may reasonably request, to establish that such taxes have been paid. Free Trials and Other Promotions. Any free trial or other promotion that provides user level access to the Presets must be used within the specified time of the trial. At the end of the trial period, your use of that Presets will expire and any further use of the Presets is prohibited unless you pay the applicable subscription fee. If you are inadvertently charged for a subscription, please contact Jacobmarket to have the charges reversed. Indemnification. You agree to indemnify and hold Jacobmarket, its parents, subsidiaries, affiliates, officers, employees, agents, partners, suppliers, and licensors (each, a “Jacobmarket Party” and collectively, the “Jacobmarket Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any and all of the following: (a) your use of, or inability to use, any Preset Packs; (b) your violation of the Agreement; (c) your violation of any rights of another party, including other users purchasing the Presets; or (d) your violation of any applicable laws, rules or regulations. Jacobmarket reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Jacobmarket in asserting any available defenses. This provision does not require you to indemnify any of the Jacobmarket Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, or suppression or omission of any material fact in connection with the Jacobmarket Platform or any Presets provided hereunder. You agree that the provisions in this section will survive any termination of your use of the Jacobmarket Platform and/or Presets, the Agreement and/or your access to Jacobmarket Platform. DISCLAIMER OF WARRANTIES AND CONDITIONS. As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE PRESETS IS AT YOUR SOLE RISK, AND THE PRESETS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. Jacobmarket PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE PRESETS.

This Section (Disclaimer of Warranties and Conditions) does not affect in any way our return policy or limited warranty for goods purchased on the Jacobmarket Platform. Jacobmarket PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) PRESETS WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF PRESETS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF PRESETS WILL BE ACCURATE OR RELIABLE. ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE PRESETS IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE PRESETS, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT. THE Jacobmarket PLATFORM MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. Jacobmarket MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO PRESETS, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF THE PRESETS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM Jacobmarket OR THROUGH Jacobmarket PLATFORM WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. No Liability for Conduct of Third Parties. YOU ACKNOWLEDGE AND AGREE THAT Jacobmarket PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD Jacobmarket PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.

Third-Party Materials. As a part of Jacobmarket Platform, you may have access to materials that are hosted by another party. You agree that it is impossible for Jacobmarket to monitor such materials and that you access these materials at your own risk. LIMITATION OF LIABILITY. Disclaimer of Certain Damages.

Jacobmarket reserves the right to: (a) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; (b) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Jacobmarket Platform; and/or (c) terminate or suspend your access to all or part of the Jacobmarket Platform for any or no reason, including without limitation, any violation of this Agreement. If Jacobmarket becomes aware of any possible violations by you of the Agreement, Jacobmarket reserves the right to investigate such violations. If, as a result of the investigation, Jacobmarket believes that criminal activity has occurred, Jacobmarket reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. Jacobmarket is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in Jacobmarket Platform, in Jacobmarket's possession in connection with your use of Jacobmarket Platform, to (I) comply with applicable laws, legal process or governmental request; (II) enforce the Agreement, (III) respond to any claims that your acts or omissions violate the rights of third parties, (IV) respond to your requests for customer service, or (V) protect the rights, property or personal safety of Jacobmarket, its users or the public, and all enforcement or other government officials, as Jacobmarket in its sole discretion believes to be necessary or appropriate.

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TERM AND TERMINATION. The Agreement commences on the date when you accept them (as described in the preamble above) and remain in full force and effect while you access or use the Presets, unless terminated earlier in accordance with the Agreement. Prior Use. Notwithstanding the foregoing, you hereby acknowledge and agree that the Agreement commenced on the earlier to occur of (a) the date you first used Jacobmarket Platform to view or access the Presets or (b) the date you accepted the Agreement, and will remain in full force and effect while you use any Jacobmarket Platform, unless earlier terminated in accordance with the Agreement. Effect of Termination. Termination under this Agreement includes removal of access to such Presets and barring of further use of the Presets. Upon termination of any Presets, your right to use such Presets will automatically terminate immediately. You understand that any termination of Presets may involve deletion of your information associated therewith from our live databases. Jacobmarket will not have any liability whatsoever to you for any suspension or termination, including for deletion of your information. All provisions of the Agreement which by their nature should survive, shall survive termination of Presets, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.