Website Terms-of-Use Agreement

Last updated: December 15, 2020

Acceptance of the Agreement

These terms of use are entered into between you and the individual or entity featured on the Website (“Model ,” “we,” or “us”). The following terms, together with any documents they expressly incorporate by reference (collectively, this “agreement”), govern your access to and use of jamie-young.com, including any content, functionality, and services offered on or through jamie-young.com (the “Website”), whether as a guest or a registered user.

Please read this agreement carefully before you start to use the Website. By using the Website or by clicking to accept or agree to this agreement when this option is made available to you, you agree to be bound and abide by this agreement and our Privacy Policy, found at jamie-young.com/privacy, incorporated by reference. If you do not want to agree to this agreement or the Privacy Policy, you must not access or use the Website.

This Website is offered and available to users who are 18-years old or older. By using this Website, you state that you are of legal age to form a binding contract with the Model, you have the legal capacity and you agree to comply with this agreement, you are not a minor in the jurisdiction in which you reside, and your use of the Website will not violate any applicable law or regulation. If you do not meet all these requirements, you must not access or use the Website.

Changes to the Agreement

We may revise and update this agreement from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website from then on. But any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.

Your continued use of the Website after the posting of the revised agreement means that you agree to the changes. You are expected to check this page frequently, so you are aware of any changes, as they are binding on you.

Accessing the Website and Account Security

We may withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for:

• Making all arrangements necessary for you to have access to the Website.
• Ensuring that all persons who access the Website through your Internet connection are aware of this agreement and comply with it.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You acknowledge that all information you provide to register with this Website or otherwise, including through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat that information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and you will not provide any other person with access to this Website or parts of it using your username, password, or other security information. You will promptly notify us of any unauthorized access to or use of your username or password or any other breach of security. You also will ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We may disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any part of this agreement.

Intellectual-Property Rights

The Website and its entire contents, features, and functionality (including all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement of it) are owned by the Model, the Model’s licensors, or other providers of that material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

This agreement permits you to use the Website for your personal, noncommercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Website, except as follows:

• • Your computer may temporarily store copies of those materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the Website for your own personal, noncommercial use and not for further reproduction, publication, or distribution.
  • You may download or print a copy of any part of the premium content to which you have properly gained access solely for your personal, noncommercial use and not for further reproduction, publication, or distribution.
  • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, noncommercial use, on condition that you agree to be bound by the Company’s end user license agreement for those applications.
  • If we provide social media features with certain content, you may take those actions as are enabled by those features.

You must not:

• Modify copies of any materials from this Website.
• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Website.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of this agreement, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Model. Any use of the Website not expressly permitted by this agreement is a breach of this agreement and may violate copyright, trademark, and other laws.

Trademarks

The Model’s name, the Model’s logo, the Website’s domain name, and all related names, logos, product and service names, designs, and slogans are the Model’s service marks, trademarks, and trade names. You must not use those marks without the Model’s written permission. All other names, logos, product and service names, designs, and slogans on this Website are the service marks, trademarks, or trade names of their respective owners.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with this agreement. You must not use the Website:

• • In any way that violates any applicable federal, state, local, or international law or regulation (including any laws regarding the export of data or software to and from the U.S. or other countries).
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in this agreement.
  • To transmit, or procure the sending of, any advertising or promotional material our written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
  • To impersonate or attempt to impersonate the Model, another user, or any other person or entity (including by using email addresses or usernames associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Model or users of the Website or expose them to liability.

Additionally, you must not:

• Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
• Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
• Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our written consent.
• Use any device, software, or routine that interferes with the proper working of the Website.
• Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise try to interfere with the proper working of the Website.

User Contributions

The Website may contain message boards, chat rooms, profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to the Model, other users, or other persons (“post”) content or materials (collectively, “User Contributions”) on or through the Website.

All User Contributions must comply with the Content Standards stated in this agreement.

Any User Contribution you post to the Website will be considered nonconfidential and nonproprietary. By providing any User Contribution on the Website, you hereby grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns a license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any User Contribution for any purpose unless otherwise provided in our Privacy Policy.

You state that:

1. You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
2. All your User Contributions do and will comply with this agreement.

You acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Model, have full responsibility for that content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other Website user.

Monitoring and Enforcement; Termination

We may:

• Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
• Take any action with respect to any User Contribution that we consider necessary or appropriate in our sole discretion, including if we believe that that User Contribution violates this agreement, including the Content Standards, infringes any intellectual-property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Model.
• 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.
• Take appropriate legal action, including referral to law enforcement, for any illegal or unauthorized use of the Website.
• Terminate or suspend your access to all or part of the Website for any reason, including any violation of this agreement.

We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. You waive and hold harmless the Model and the Model’s affiliates, licensees, and service providers from any claims resulting from any action taken by any of the foregoing parties during, or taken as a consequence of, investigations by either those parties or law enforcement authorities.

However, we do not undertake to review material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. User Contributions must not:

• Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with this agreement and our Privacy Policy.
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote, or assist any unlawful act.
• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
• Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
• Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Copyright Infringement

If you believe that any User Contributions violate your copyright, please provide us with the following information in accordance with the Digital Millennium Copyright Act: (1) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (2) identification of the copyrighted work claimed to have been infringed; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (4) your contact information, including your address, telephone number, and an email address; (5) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. It is the Model’s policy to terminate the user accounts of repeat infringers.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We are not making any warranty about the accuracy, completeness, or usefulness of this information. Any reliance you place on that information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on those materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, or reporting services. All statements or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Model, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the Model’s opinion. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are not required to update that material.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

VIP Memberships

Buying Digital Content Individually

The Website may offer you the ability to buy digital content on an individual basis. If it does, you may buy digital content individually without purchasing a VIP membership. The price of the digital content will be the price indicated on the order pages when you placed your order. It is your responsibility to check the price before buying digital content. Unless the payment page indicates otherwise (for example, VAT taxes are collected from EU users), pricing excludes any taxes or currency transmission charges, which are extra costs charged to you. We may adjust pricing for individual digital content at any time as we may determine in our sole discretion.

We accept payment through our third-party payment processor. You must pay for the digital content before you download it.

If you think an invoice is wrong, please contact us promptly to let us know. If you fail to notify us within 30 days of receiving the invoice, you waive any disputed charges. We will correct any mistakes in an invoice and credit them against your future purchases.

Terms of Sale for Model Products

The Model may sell various goods through the Website. The images of the products on our Website are for illustrative purposes only. Although we have made every effort to display the colors accurately, we cannot guarantee that a device’s display of the colors accurately reflects the color of the products. Your product may vary slightly from those images.

You acknowledge that your order is an offer to buy, under these terms, all products listed in your order. All orders must be accepted by us or we will not be required to sell the products to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with the details of the products you have ordered. Acceptance of your order will not take place until you have received your order confirmation email. You have the option to cancel your order at any time before we have sent your order confirmation email by emailing us at [email protected].

All prices posted on this Website are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be stated in your order confirmation email. Price increases will only apply to orders placed after those changes. Unless the payment page indicates otherwise (for example, VAT taxes are collected from EU users), posted prices do not include taxes or charges for shipping and handling. All those taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from those errors.

Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. All payments are processed by our authorized third-party payment processor. You state that (i) the credit card information you supply to our third-party payment processor is accurate; (ii) you are duly authorized to use that credit card for the purchase; (iii) charges incurred by you will be honored by your credit card company; and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.

We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process.

Title and risk of loss pass to you on delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

All sales and transactions are final.

We do not provide any warranties with respect to the products offered on our Website. All products offered on this Website are provided “as is” without any warranty, including any (a) warranty of merchantability; (b) warranty of fitness for a particular purpose; or (c) warranty against infringement of intellectual property rights of a third party; whether express or implied by law, course of dealing, course of performance, usage of trade, or otherwise.

Linking to the Website and Social Media Features

You may link to our homepage, on condition that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in a way that suggests any form of association, approval, or endorsement on our part without our express written consent.

This Website may provide certain social media features that enable you to:

• • Link from your own or certain third-party websites to certain content on this Website.
  • Send emails or other communications with certain content, or links to certain content, on this Website.
  • Cause limited parts of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms we provide with respect to those features. Subject to the foregoing, you must not:

• Establish a link from any website that is not owned by you.
• Cause the Website or parts of it to be displayed, or appear to be displayed by, for example, framing, deep linking, or in-line linking, on any other site.
• Link to any part of the Website other than the homepage.
• Otherwise take any action with respect to the materials on this Website that is inconsistent with any other part of this agreement.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in this agreement.

You will cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable any social media features and any links at any time without notice in our discretion.

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms of use for those websites.

Geographic Restrictions

We make no claims that the Website or any of its content is accessible or appropriate in your country. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from countries that prohibit adult-oriented content, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

Limitation on Liability

Indemnification

You will defend, indemnify, and hold harmless the Model, the Model’s affiliates, licensors, and service providers, and the Model’s and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of this agreement or your use of the Website, including your User Contributions, any use of the Website’s content, services, and products other than as expressly authorized in this agreement or your use of any information obtained from the Website.

Governing Law and Jurisdiction

Cyprus law governs all matters relating to the Website and this agreement and any dispute or claim arising from or related to it (in each case, including non-contractual disputes or claims) without giving effect to any choice or conflict of law provision or rule (whether of Cyprus or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, this agreement or the Website not subject to arbitration will be instituted exclusively in the federal courts of Cyprus, although we may bring any suit, action, or proceeding against you for breach of this agreement in your country of residence or any other relevant country. You waive all objections to the exercise of jurisdiction over you by those courts and to venue in those courts.

Binding Arbitration

Class Action Waiver

Limitation on Time to File Claims

Waiver and Severability

No waiver by the Model of any term stated in this agreement will be deemed a further or continuing waiver of that term or a waiver of any other term, and any failure of the Model to assert a right or provision under this agreement will not constitute a waiver of that right or provision.

If any provision of this agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, that provision will be eliminated or limited to the minimum extent so that the remaining provisions of this agreement will continue in full effect.

Entire Agreement

This agreement and our Privacy Policy constitute the entire agreement between you and the Model regarding the Website and supersede all earlier and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website. Additional terms may also apply to specific portions, services, or features of the Website. Any additional terms are incorporated by this reference into this agreement.

Electronic Communications, Transactions, and Signatures

Visiting the Website, sending us emails, and completing online forums constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Website, satisfy any legal requirement that that communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Website. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

California Users and Residents

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

Feedback

We encourage you to give feedback about the Website. But we will not treat as confidential any suggestion or idea you give, and nothing in this agreement will restrict our right to use, profit from, disclose, publish, or otherwise exploit any feedback, without payment to you.

Your Comments and Concerns

All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: [email protected].

Cookie Use Policy

Last Modified: November 19, 2020

Cookies are small files of letters and numbers stored on your browser or device that enable the cookie owner to recognize the device when it visits websites or uses online services. The website you visit may set cookies directly, known as first-party cookies, or may trigger cookies set by other domain names, known as third-party cookies. While we may automatically use some cookies that are strictly necessary to provide the services you request or enable communications, we request your consent for all our other cookie uses.

Types of Cookies We Use

We may use the following types of cookies:

• Strictly necessary cookies. Our website requires the use of these cookies to properly operate or provide necessary functions relating to the services you request. They include, for example, cookies enabling you to securely log into our website, use a shopping cart, or purchase products or a VIP membership. You can set your browser to block or alert you about these cookies, but some parts of our website may not work then.
• Analytical/performance cookies. These cookies allow us and our third-party service providers to recognize and count the number of visitors and to see how visitors move around our website when they are using it. This helps us improve how our website works by, for example, ensuring that users can easily find what they need on our website. These cookies generate aggregate statistics that are not associated with an individualized profile. If you do not allow these cookies, we will not know when you have visited our website.
• Functionality cookies. These cookies enable helpful but non-essential website functions that improve your website experience. By recognizing you when you return to our website, they may, for example, allow us to personalize our content for you, greet you by name, or remember your preferences (for example, your choice of language or region). These cookies may enable visitor identification over time, but not across different websites. If you do not allow these cookies, some or all our website’s functionalities may not function properly.
• Advertising, tracking, or targeting cookies. These cookies enable different advertising related functions. They may allow us to record information about your visit to our website, such as pages visited, links followed, and videos viewed so we can make our website and the advertising displayed on it more relevant to your interests. These cookies may enable visitor identification over time, but not across different websites.
• Third-party cookies. Our website may contain helpful but non-essential features or plug-ins enabling third-party services that use cookies, such as social network connectors, advertising networks, or web traffic analysis services. These cookies may enable visitor identification across websites and over time. We do not control the third party’s use of those cookies. Please review each party’s cookie disclosure before consenting to this use category.

Our Privacy Policy describes our practices for any personal data that our first-party cookies collect, store, or use.

Except for strictly necessary cookies, all first-party cookies set by this site will expire no later than two years after your last website visit. Third-party cookie expiration periods are set by their respective owners.

Please see our Cookie Table for a list of the individual first-party and third-party cookies potentially used on this site and their specific purposes.

Cross-Border Data Transfers

The cookies we use may process, store, or transfer personal data in and to a country outside your own, with privacy laws that provide different, possibly lower, protections. You consent to this transfer, storing, or processing when you consent to our cookie use. Our servers are located in the Netherlands. Please review the third-party cookie provider’s policy to learn more about its location.

Your Cookie Choices

You consent to our use of cookies when you continue using our site.

You may withdraw your consent for our cookie uses that are not strictly necessary at any time by engaging the consent manager tool

Most web browsers allow you to directly block all cookies, or just third-party cookies, through your browser settings. Using your browser settings to block all cookies, including strictly necessary ones, may interfere with proper site operation.

Changes to Our Cookie Uses

We will post any changes to the way we use cookies on this page and indicate on our website that we updated this cookie notice. If the changes materially alter how we use cookies, we will post a notice on our website and request your consent for the materially different use. Please check back frequently to see any updates or changes to our cookie use notice.

Contact Information

Please submit any questions, comments, or requests regarding this cookie use notice using the process described in our Privacy Policy, located at jamie-young.com.