Terms & Conditions

Welcome to Jmarket.com.  Advanced Video Communications, Inc. operates the shopping area at Jmarket.com (“Jmarket” or “this Site”).  Your access or use of our software, services and website (referred to collectively as the “Services” and excluding any services provided to you by us under a separate written agreement) is subject to a legal agreement between you and Advanced Video Communications, Inc. (“AVC”, “we”, “our” or “us”).  This document explains how the agreement is made up, and sets out some of the terms of that agreement.  Unless otherwise agreed in writing, your agreement with us will always include the terms and conditions set out in this document (“Universal Terms”) in addition to the terms of any Legal Notices applicable to the Services you access, use or register for (“Additional Terms”).  Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service.  Collectively, the Universal Terms and the Additional Terms are referred to as “Terms of Service.”  If there is a conflict between the terms and conditions contained in the Additional Terms and the Universal Terms, then the Additional Terms shall take precedence in relation to that Service.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE VISITING OR SHOPPING AT JMARKET. IF YOU VISIT OR SHOP AT JMARKET, YOU ACCEPT THESE TERMS AND CONDITIONS.

1. License and Site Access.

AVC grants you a limited license to access and make personal use of this Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of AVC. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of AVC. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of AVC without express written consent. You may not use any meta tags or any other "hidden text" utilizing AVC’s name or trademarks without the express written consent of AVC. Any unauthorized use terminates the permission or license granted by AVC.

2. Your Account.

If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.  In order to use the Services, you must be of sufficient age that you can lawfully enter into and form contracts under applicable law (generally 18 years of age). If you are under the age of 18, but at least 13 years of age, you may use the Services only under the supervision of a parent or legal guardian who agrees to be bound by these TOS. The Services are not intended for and may not be used by children under the age of 13.  You represent and warrant that: (i) if you are a business, you are duly organized, validly existing and in good standing under the laws of the country in which your business is registered and that you are registering for the Services within such country; and (ii) you have all requisite right, power and authority to enter into this Agreement and perform your obligations hereunder.  AVC reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

3. Term

This Agreement shall remain in full force while you access or use the Services and/or as long as you have an account with any Service. 

4. Termination

A.            You may terminate your legal agreement with us at any time by closing your accounts for all of the Services which you use and discontinuing access to the Services. 
B.            We may terminate our legal agreement with you without further obligation or liability to you if you have breached any provision of the Terms of Service; or if we reasonably believe you have breached the Terms of Service.
C.            We may also terminate our legal agreement with you if providing the Services to you is no longer commercially viable.
D.            We reserve the right to cancel an Account at any time, for any reason, in our sole discretion.
E.            In the event your account is terminated, you will need to re-register for an account. We shall not be responsible for any losses, damages, claims and actions of any kind, either directly or indirectly related to or arising from the restriction, suspension or termination of your account, or access to the Services.

5. Products, Content and Specifications.

All features, content, specifications, products and prices of products and services described or depicted on this Site are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of products available on this Site, including the applicable colors; however, the actual color you see will depend on your computer system and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on this Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner.

6. Shipping Limitations.

When an order is placed, it will be shipped to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions set forth on this Site. All purchases from this Site are made pursuant to a shipping contract. As a result, risk of loss and title for items purchased from this Site pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.

7. Accuracy of Information.

We attempt to ensure that information on this Site is complete, accurate and current. Despite our efforts, the information on this Site may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness or accuracy of such information, or whether such information is current. For example, products included on this Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that listed on this Site. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute acceptance of an order or confirmation of an offer to sell a product or service.

8. User Generated Content.

Visitors may post reviews, comments, photos, and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. AVC reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant AVC a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant AVC and its sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify AVC for all claims resulting from content you supply. AVC has the right but not the obligation to monitor and edit or remove any activity or content. AVC takes no responsibility and assumes no liability for any content posted by you or any third party.

9. Copyrights.

All content included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of AVC or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this Site is the exclusive property of AVC and protected by U.S. and international copyright laws. All software used on this Site is the property of AVC or its software suppliers and protected by United States and international copyright laws.  You may not modify the information or materials located on this Site in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and rights of publicity, and other laws and regulations, and is strictly prohibited.

10. Trademarks.

Jmarket, Jmarket.com, and other graphics, logos, page headers, button icons, scripts, and service names used on this Site are trademarks, registered trademarks or trade dress of AVC in the U.S. and/or other countries.  Other trademarks, trade names and service marks used or displayed on this Site are the trademarks, or registered trademarks of their respective owners. Nothing contained on this Site grants or should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Site without the written permission of AVC or such third party owner.

11. Linking to this Site.

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Jmarket.com so long as the link does not portray AVC, Jmarket, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any AVC logo or other proprietary graphic or trademark as part of the link without express written permission.

12. Other Businesses.

We may provide links to the sites of certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their websites. We do not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

13. Inappropriate Material.

You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that AVC may have at law or in equity, if we reasonably determine that you have violated or are likely to violate the foregoing prohibitions, we may take any action reasonably necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from this Site.  We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.

14. Copyright Complaints

If you have any evidence, know, or have a good-faith belief that your rights have been violated and you want AVC to delete, edit, or disable the material in question, you must provide us with the following information:
A.    The physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
B.    Identification of the copyrighted work claimed to have been infringed;
C.    Identification of the material that is claimed to be infringing 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 such as the URL or other specific location;
D.    Information reasonably sufficient to permit us to contact you, such as an address, telephone number, or e-mail address;
E.    A statement 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
F.    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 owner of an exclusive right that is allegedly infringed.
For this notification to be effective, you must provide it to AVC’s designated Agent for Notice of Claimed Infringement.  AVC’s agent designated to receive notice of claims of copyright or other intellectual property infringement can be contacted as follows:

By mail to:
Copyright Agent
Advanced Video Communications, Inc.
633 W. 5th Street, Suite 6800
Los Angeles, California 90071
Or by email to:  copyright@jmarket.com 

15. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY AVC ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. AVC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, AVC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AVC DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM AVC ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

AVC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

16. Dispute Resolution and Governing Law.

A.    Informal Negotiations. To expedite resolution and control the cost of any dispute, controversy or claim related to this Agreement ("Dispute"), you and AVC agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other. AVC will send its notice to the email address you have provided to us. You will send your notice to Advanced Video Communications, Inc., 633 W. 5th Street, Suite 6800, Los Angeles, California 90071, ATTN: Legal Department.
B.    Binding Arbitration. If you and AVC are unable to resolve a Dispute through informal negotiations, either you or AVC may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, AVC will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and AVC may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
C.    Restrictions. You and AVC agree that any arbitration shall be limited to the Dispute between AVC and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
D.    Exceptions to Informal Negotiations and Arbitration. You and AVC agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of any of your or AVC’s intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief.
E.    Location. If you are a resident of the United States, any arbitration will take place at any reasonable location within the United States convenient for you. For residents outside the United States, any arbitration shall be initiated in the County of Los Angeles, State of California, United States of America. Any Dispute not subject to arbitration (other than claims proceeding in any small claims court), or where no election to arbitrate has been made, shall be decided by a court of competent jurisdiction within the County of Los Angeles, State of California, United States of America, and you and AVC agree to submit to the personal jurisdiction of that court.
F.    Forum Non Conveniens.  With regard to any Dispute not subject to arbitration, or where no election to arbitrate has been made, You and AVC waive, to the fullest extent permitted by law, (i) any objection had now or later, to the laying of venue of any legal action or proceeding arising out of or relating to this Agreement brought in any court of the State of California sitting in Los Angeles, or the United States District Court for the Second District of California, and (i) any claim that any such action or proceeding brought in any such court has been brought in an inconvenient forum.
G.   WAIVER OF JURY TRIAL.  WITH REGARD TO ANY DISPUTE NOT SUBJECT TO ARBITRATION , OR WHERE NO ELECTION TO ARBITRATE HAS BEEN MADE, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND AVC KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE THE RIGHT TO A TRIAL BY JURY IN ANY ACTION OR OTHER LEGAL PROCEEDING ARISING OUT OF OR RERLATING TO THIS AGREEMENT AND THE TRANSACTIONS IT CONTEMPLATES.  THIS WAIVER APPLIES TO ANY ACTION OR LEGAL PROCEEDING, WHETHER SOUNDING IN CONTRACT, TORT, OR OTHERWISE.
H.    Governing Law. The services are controlled and operated by AVC from its offices in the United States of America, State of California. AVC makes no representation that the services are available or appropriate for use in other locations. Your use of or access to the services should not be construed as AVC purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.  Except as expressly provided otherwise, this Agreement shall be governed by, and will be construed under, the Laws of the United States of America and the law of the State of California, without regard to choice of law principles. Those who choose to access the Services from locations outside of the United States, do so on their own initiative contrary to the terms of this Agreement, and are responsible for compliance with local laws if and to the extent local laws are applicable.
I.     Severability. You and AVC agree that if any portion of Section 16 is found illegal or unenforceable (except any portion of Section 16(D)), that portion shall be severed and the remainder of the Section shall be given full force and effect. If Section 16(D) is found to be illegal or unenforceable then neither you nor AVC will elect to arbitrate any Dispute falling within that portion of Section 16(D) found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the County of Los Angeles, State of California, United States of America, and you and AVC agree to submit to the personal jurisdiction of that court.

17. GENERAL RELEASE.

IF A DISPUTE ARISES BETWEEN ONE OR MORE USERS OF THE SERVICES, EACH OF YOU RELEASE AVC AND ITS AFFILIATES (AND THEIR RESPECTIVE DIRECTORS, AGENTS, REPRESENTATIVES AND EMPLOYEES) FROM CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

YOU EXPRESSLY WAIVE AND RELINQUISH ALL RIGHTS AND BENEFITS AFFORDED BY SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA, AND DO SO UNDERSTANDING AND ACKNOWLEDGING THE SIGNIFICANCE OF SUCH SPECIFIC WAIVER OF SECTION 1542. SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA STATES AS FOLLOWS:

“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

18.      Indemnity

You agree to defend, indemnify and hold harmless. AVC, its subsidiaries, and their affiliates, officers, employees, agents, partners and licensors, from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party with respect to any transaction(s) you are involved in with other users of the Services; due to or arising from your access to, use of, or inability to use the Services, your violation of these Terms of Service, your breach of any of the representations and warranties herein; or the infringement by you or any other user of your account of any intellectual property or other right of any person or entity.

19.      No Agency

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

21.      No Third Party Beneficiaries 

This Agreement does not and is not intended to confer any rights or remedies upon any person other than the Parties, be for the benefit of any third party, is not enforceable by any third party, and will not confer on any third party any remedy, claim, right of action or other right.

22.      Modifications to Services

AVC may, in its sole discretion and without prior notice modify the Services, and discontinue the Services at any time.

23.      Assignment and Delegation

You may not delegate any of your duties or assign any of your rights under this Agreement, voluntarily or involuntarily, whether by merger, consolidation, dissolution, operation of law, or any other manner.  AVC may assign any of its rights and any of its obligations under this agreement without consent, including without limitation, in connection with a corporate reorganization, consolidation, merger or sale of substantially all of its assets. Any purported assignment of rights or delegation of duties in violation of this Section is void. 

24.      Successors and Assigns

This Agreement is binding upon, and inures to the benefit of, the Parties and their respective permitted successors and assigns.  This Section does not address, directly or indirectly, whether a party may assign its rights or delegate its duties under this Agreement.  Section 21 addresses these matters.

25.      Notice

Unless otherwise specified herein, any notice or other communication to be given hereunder will be in writing and given:  by AVC via email to the address that you provide at registration, or by a posting on the Jmarket website; and by you via email to customerservice@jmarket.com. The date of receipt will be deemed the date on which such notice is transmitted.

26.      Other

The Terms of Service (including the Universal Terms of Service and  any Additional Terms) constitutes the entire agreement between you and AVC and governs your use of the Services, superseding any prior agreements (whether written or oral) between you and AVC regarding the subject matter herein.  Inaction or failure by AVC to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.  If any provision of this Agreement is held void, invalid, illegal or unenforceable, the legality and enforceability of the remaining provisions of this Agreement are not affected or impaired in any way.  The descriptive headings of the articles, sections, and subsections of this Agreement are for convenience only and no not constitute a part of this Agreement.

27.      Additional Assistance.

If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to email our customer care department to customerservice@jmarket.com. Or write us at:

Advanced Video Communications, Inc.
633 W. 5th Street, Suite 6800
Los Angeles, CA 90067