Terms & Conditions

Jeejas is an automated wallpaper printing service provider that gives you the power to print your wallpaper online. In addition to creating custom wallpaper for yourself, you can make your designs available to sell to others and shop for wallpaper that can’t be found in any store in the world. It is our goal to create a site that is accessible and useful to as many people as possible.

1. Acceptance of Terms; Modification to Terms.

Thank you for visiting Jeejas.com, a service of The Essential Images. (“TEI”), a Canadian corporation. Jeejas provides its website and services (collectively the “Site”) subject to the following terms of service (“Terms”).

By acknowledging these terms, using the site, uploading any data or images or ordering products, you are indicating your agreement to be bound by these terms, including our Privacy Policy, and all revisions thereof. If you do not agree to these Terms, do not accept them and discontinue using and accessing the site. These Terms apply to your use of the site regardless of how you accessed the site.

We may modify the Terms at any time. If the modifications to the Terms constitute a material change, in Jeejas’s good faith and reasonable judgment, Jeejas will notify you via email and/or by posting a notice on the homepage of the site. You should review these Terms from time to time so that you understand the terms and conditions of your use of the site. If you do not agree to any amendment of these Terms, you must immediately stop using the Site. Your continued use of the site after any modification to these Terms constitutes acceptance of the amended Terms. If you ever have any questions about these Terms, please do not hesitate to contact us at [email protected].

If you are accessing the site from the European Union, you must be 16 years and older to use the site. If you are accessing the site from the United States, you must be 13 years and older to use the site. Jeejas does not specifically collect information about children and the website is not directed to children. If we learn that Jeejas has collected information from a child under the applicable age, we will delete that information as quickly as possible. If you are under the required age, we will only process your information upon receipt of verified consent from a parent or legal guardian. We recommend that anyone under the applicable age required by law, ask and receive their parents' permission before using Jeejas or sending information about themselves or anyone else over the Internet.

2. Member Account, Password

If you register on the site, you will receive an email confirming the creation of a Jeejas account. Activating your account requires the creation of a password. You are responsible for maintaining the confidentiality of the password, and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Jeejas of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Jeejas cannot be liable for any loss or damage arising from your failure to comply with Section 2.

3. Content

You acknowledge that Jeejas is an automated web service that gives you the power to upload, display, offer for sale and/or print your designs as wallpaper. Given the automated nature of the service, Jeejas is not able to review all Content that is uploaded to the Site. However, Jeejas and its designees shall have the right (but not the obligation) in their sole discretion to review and reject or remove any Content that is available via the site. Upon placing an order through the site, or making designs available for sale, you acknowledge that Jeejas may review it and the Content it contains for adherence to our guidelines and compliance with the terms and conditions outlined in these Terms. Without limiting the foregoing, Jeejas and its designees shall have the right to refuse to fulfil any order for any reason and to remove any Content that violates the Terms or is otherwise objectionable to us. Jeejas shall have the right, at its exclusive discretion to remove Content and/or suspend user accounts that violate these Terms or Jeejas policies. Jeejas reserves the right to amend the Terms and its policies described above from time to time at its sole discretion.

You acknowledge and agree that you are responsible for the creation and compilation of your Content and that neither Jeejas nor any other party involved with the production of any product incorporating such Content, including but not limited to fabric, assumes that responsibility. Jeejas’s production of any product depicting your Content shall be according to your order and specification and Jeejas shall merely function as a printer of such products. Jeejas’s production of any product depicting your Content, including but not limited to fabric, does not indicate that Jeejas accepts, approves of or endorses the Content, that the Content complies with applicable laws, or that you are absolved of any liability or harm arising from the use of the Content.

By posting Content on Jeejas and choosing to make it public, other websites or parties can copy and re-post that Content, including without limitation, approved third-party websites that have access to the site through its application program interface (API) (discussed in Privacy Policy section below). You agree to hold Jeejas harmless for any dispute concerning this use. If you choose to display any Jeejas-hosted image on another website, the image must provide a link back to its listing page on Jeejas.

You hereby agree to waive any claims against Jeejas and its affiliates, contractors, agents, third-party service providers and employees (collectively, “Representatives”) for losses, damages and injuries which are based on or relate to communications or materials made available to the site or posted on the site, including other Content, by other users and persons other than Jeejas or its Representatives.

You represent and warrant that all contact and personal information provided to Jeejas during the registration process and otherwise shall be accurate and complete. If there are any changes to your contact information, you shall promptly update your registration information with Jeejas.

4. User Conduct

When you upload photographs, designs, drawings, text or other content (“Content”) to the site, you keep your copyright and any other intellectual property rights you may have in the Content. You also control the account settings that determine whether or not your Content can be shared or sold through the site. To maintain and provide the site, Jeejas is required to be able to copy, crop, modify, reproduce, display and distribute your content worldwide. Jeejas will only perform these actions to the extent necessary to provide the site. By submitting Content to, or utilizing, the site, you grant Jeejas a royalty-free, non-exclusive, worldwide, transferable license to modify, copy, sell, display, distribute and create derivative works of the Content and the goods created from or based on such Content so long as such process is an essential step of the site. By default, all Content uploaded to the site is not available to the public unless you specifically signify the Content as public. In addition to making your Content available to the public, you may also elect to make Content available for sale on the site by agreeing to the terms of the Seller’s Agreement. If you choose to make the content public and/or available for sale on the site, you can also choose to remove them from a sale or make the Content private at any time.

By making your content public on the site, you give Jeejas the right to display or print your Content, including photographing goods made from that Content, for use in materials used to help market both the site and the designers who use the site. Be aware that Google and other search engines will also index public designs and the information included in public user profiles.

By uploading Content to the site you represent and warrant that:

• You have the lawful right to reproduce and distribute such Content;
• The Content does not violate any copyright, trademark, trade secret or other intellectual property rights of any third party;
• The Content complies with all applicable federal, state, and local laws, regulations and ordinances;
• The Content does not invade any individual’s right to privacy or celebrity;
• The Content is not unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, indecent, inflammatory, libellous, tortious, hateful, or racially, ethnically or otherwise objectionable.
• The Content does not comprise or consist of or suggest hate speech in any form. Hate speech shall include any content that implies violence or hatred against individuals or groups based on certain characteristics, such as race, ethnicity, religion, disability, gender, age or sexual orientation.

In using this site, you also agree:

• Not to impersonate any person or entity or falsely state or otherwise, misrepresent your affiliation with a person or entity;
• Not to upload, download, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, or any other form of solicitation;
• Not to upload, download, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• Not to upload, download, post, email or otherwise transmit false or misleading information;
• Not to disrupt or interfere with the security of, or otherwise abuse, the site, or any services, system resources, accounts, servers, or networks connected to or accessible through the site or affiliated or linked websites.
• Not to access, tamper with or use non-public areas of the site. Unauthorized individuals attempting to access these areas of the site may be subject to prosecution;
• Not to disrupt or interfere with any other user’s enjoyment of the site or affiliated or linked websites, including without limitation, through any trolling, belligerent or antagonistic behaviour towards other users or Jeejas representatives;
• Not to collect or store personal information about any other use of the site.

Disputes with Others: Should a dispute arise between you and another user or a third party, Jeejas urges you to contact the user or third party to resolve the dispute amicably. You can report disputes with other users to [email protected], although Jeejas cannot guarantee that it will pursue a particular action on your behalf. You may also report, if it is appropriate, a dispute to law enforcement, the postmaster general, or a certified mediation or arbitration entity, as applicable.

You hereby release Jeejas (and Jeejas’s officers, directors, agents, subsidiaries, joint ventures and employees) from any and all 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 disputes with one or more users, or an outside party.

5. Privacy Policy

Your privacy is very important to us at Jeejas. We collect and store personal information when you register, move through the site, make purchases and sell Content. Jeejas does not share customer information (including email addresses) outside the Jeejas family of companies unless it is necessary to provide you with products or services available from Jeejas. This may include service providers that provide support services to Jeejas or that help Jeejas market its products and services, administer our programs, and operations, fulfil your requests, surveys, contests, sweepstakes and product reviews, or provide you with membership information. We promise that we will never sell or rent your telephone or email information to third party marketers. By using the site and accepting these Terms, you expressly consent to Jeejas's use of your personal information (including using email to communicate with you) as described in the Privacy Policy, which is incorporated herein by reference.

You acknowledge and agree that as provided in Jeejas’s Privacy Policy that in the event Jeejas receives an objection asserting that your Content infringes the intellectual property right of another (the “Rights Owner”), Jeejas shall have the right, in its discretion, to provide the Rights Owner with your name and contact information as well as information concerning the Content and the use or sale of the Content through the site. You hereby agree to waive any claims against Jeejas and its Representatives, for the disclosure of information to a Rights Owner

Without limiting the foregoing, you acknowledge and agree that Jeejas may preserve Content for as long as necessary for the purpose for which it was collected and may also disclose Content or information, including your personal information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to (i) comply with legal process; (ii) enforce these Terms; (iii) respond to claims that any Content violates the rights of third-parties; or (iv) protect the rights, property, or personal safety of Jeejas, its users and the public. We may also disclose personal information as necessary to investigate or prevent violations of these Terms or suspected illegal activity, to trusted partners who work with us under confidentiality agreements, or to a company that acquires or merges with Jeejas. By using the messaging features on the site -- including the Thank you notes sent by designers to buyers of their fabrics -- you consent that your screen name may be disclosed to the recipients of your messages. You may not use personal information about other Jeejas users in a way that is inconsistent with Jeejas’s Privacy Policy or to harass, intimidate, threaten or demean any other user. By doing so you would violate the terms of this Agreement, and Jeejas may terminate your account. You can report messages that violate these Terms to [email protected], although Jeejas cannot guarantee that it will pursue any particular action on your behalf. You may also report threatening or harassing messages to law enforcement as appropriate.

Jeejas has developed an application program interface (API) that will enable approved third-party websites and software to interact with the site and upload Content, view publicly available Content and/or order products utilizing Content that is made available for sale through the site. You acknowledge and agree that any information or Content that you make publicly available on the site may be accessed and used by these third-party sites.

If you choose to make your profile public, your name, screen name and public contact information will be displayed on the site to other users. Jeejas is not liable for damage incurred due to use of personal data posted in a public profile or public designs on the site.

Jeejas sets and accesses cookies to keep track of login status, and works with third parties like Google to collect anonymous data to help improve and market our service. Please refer to your browser's "Help" menu for how to change cookie preferences. Please refer to our Privacy Policy for more details on how we collect and store data.

6. Cookies

Jeejas may collect your email address via cookies and pixels on the Website through the use of trusted third-party partners. These partners may combine your email information with other information they have access to such as mailing address so that Jeejas may serve relevant marketing offers to you via direct mail. If you do not want Jeejas to collect information about you, please contact Jeejas to opt-out.

7. Proprietary Rights

You acknowledge and agree that, except for your Content, any data, materials or content, including but not limited to designs, text, photos, images, etc. or other material contained or distributed on or through the site by Jeejas, or its Representatives (“site Content”) is protected by trademarks, service marks, patents, copyrights, or other proprietary rights and laws, and as between you and Jeejas, shall belong to Jeejas. You may not use, reproduce or distribute any site Content without the authorization of the owner of such site Content, except for uses permitted by law.

You acknowledge and agree that the site and any software used in connection with the site (“Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. All such Software and the site shall remain the property of Jeejas and you agree not to modify, rent, lease, loan, sell, distribute, reverse engineer or create derivative works based on the site or the Software, in whole or in part.

Copyright and Other Intellectual Property Policy

Jeejas respects the intellectual property rights of others. We ask our members to do the same. Jeejas, in its exclusive discretion, may terminate the accounts of users it believes may be infringing the copyright, trademark or other intellectual property rights of others.

It is Jeejas’s policy to respond expeditiously to claims of infringement. Jeejas will promptly process and investigate notices of alleged copyright and/or trademark infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable laws.

You acknowledge and agree that as provided in Jeejas’s Privacy Policy that in the event Jeejas receives an objection asserting that your Content infringes the copyright and/or trademark right of another (the “Rights Owner”), that Jeejas shall have the right, in its discretion, to provide the Rights Owner with your name and contact information as well as information concerning the Content and the use or sale of the Content through the site to enable the Rights Owner to contact you directly to address the use of its intellectual property rights.

If you are a Rights Owner and believe in good faith that your copyrighted material has been posted on the site in violation of any applicable rights or licenses, and you want this material removed, you must provide the site with a written communication that details the information listed in this section. Please also note that under Section 512(f) of the Copyright Act any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. You may wish to contact an attorney for legal assistance on this matter prior to submitting a notification.

To file a copyright infringement notification with us, you will need to send a written communication that includes substantially the following:

a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
b) a description of the copyrighted work(s) claimed to have been infringed;
c) an identification of the material that is claimed to be infringing, including a link to or description of where the claimed infringing Content is located on our site so that Jeejas is capable of finding and verifying its existence;
d) contact information, including identification of the copyright owner, your name, address, telephone number, and email address.

8. Warranty of Ownership and Non-infringement

YOU REPRESENT AND WARRANT THAT YOU ARE THE OWNER OF THE CONTENT WHICH YOU SUBMIT AND THAT THE CONTENT DOES NOT INFRINGE UPON THE PROPERTY RIGHTS, INTELLECTUAL PROPERTY RIGHTS (E.G. COPYRIGHTS AND TRADEMARKS) OR OTHER RIGHTS OF OTHERS. YOU ALSO REPRESENT THAT THERE ARE NO OUTSTANDING DISPUTES IN CONNECTION WITH THE PROPERTY RIGHTS, INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS IN THE CONTENT OR ANY PARTS OF THE CONTENT.

9. Indemnity

You agree to defend, indemnify and hold Jeejas and Jeejas’s officers, directors, employees and other Representatives harmless from all judgments, awards, losses, liabilities, costs and expenses, including but not limited to reasonable attorney’s fees, expert witness fees, and costs of litigation arising out of or based on (a) Content you submit, post to or transmit through the site, (b) your use of the site, (c) your connection to the site, (d) your violation of these Terms or (e) your violation of any rights of a third party.

10. Termination

You agree that Jeejas, in its sole discretion, may terminate your user name, password, account (or any part thereof) or use of the site, and remove and discard any Content you may have contributed to the site, at any time for any reason or no reason. Jeejas may also in its sole discretion and at any time modify the site, or any portion thereof, or discontinue providing the site, or any part thereof, with or without notice. Further, you agree that Jeejas shall not be liable to you or any third-party for any termination of your access to the site.

11. Links

The site may provide, or third parties may provide, links to other websites or resources. Because Jeejas has no control of such sites and resources, you acknowledge and agree that Jeejas is not responsible for the availability of such sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Jeejas shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

12. Pricing

Prices for products on Jeejas are described on our website and are incorporated into these Terms by reference. All prices are for the currency reflected on the Site at the time of purchase. Prices and products may change at Jeejas’s discretion.

13. Shipping

Title and risk of loss for all products ordered by you shall pass to you on Jeejas’s shipment to the shipping carrier. You shall be responsible for payment of all shipping, insurance, customs charges and other transportation costs for shipment of products ordered by you through the site, unless otherwise stated on the site or agreed by Jeejas (such as through a special offer).

14. Deleting Content or Accounts

If you wish to terminate your Jeejas account, you may do so within your account settings.

If you choose to delete Content from the site, it will no longer be available or visible on the site. We may retain copies of Content in our archives to the extent required by our systems for backing up and protecting our database and website or for other administrative purposes. If you purchase Content and then delete it from your account, we preserve a copy of the Content in order to fulfill the order. Likewise if you make Content available for sale to others and it is purchased before you delete the Content, we keep the Content in order to be able to fulfill the order. We do not use backup copies of deleted Content except as provided herein.

If you delete your account, Jeejas reserves the right to keep any information in its archives that it reasonably determines is necessary to comply with its legal obligations. Jeejas does not retain residual rights to deleted or retired work other than those outlined above.

15. DISCLAIMER OF WARRANTIES

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS SITE AND THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE THROUGH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TEST SWATCHES ARE AVAILABLE FOR SALE SHOULD THE CUSTOMER DEEM A TEST NECESSARY. THOSE TESTS ARE RESPONSIBILTY OF THE CUSTOMER/ BUYER. JEEJAS MAKES NO GAURENTEE ITS PRODUCTS WILL FIT AND WORK ON ALL WALLS AND ALL APPLICATIONS.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Jeejas AND ITS REPRESENTATIVES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Jeejas OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

Jeejas DOES NOT MAKE ANY WARRANTY THAT (A) THE SITE, ITS CONTENT OR ANY PRODUCTS ORDERED THROUGH THE SITE, INCLUDING “WALLPAPER” GRAPHICS, WILL MEET YOUR REQUIREMENTS, OR (B) THAT THE SITE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR (C) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, OR (D) THAT DEFECTS, IF ANY, WILL BE CORRECTED.

16. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES INCLUDING, WITHOUT LIMITATION, ITS OWN NEGLIGENCE, SHALL Jeejas OR ITS REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE OR ANY PRODUCTS ORDERED THROUGH THE SITE. IN THE EVENT THAT YOU OBJECT TO ANY OF THESE TERMS OR ARE DISSATISFIED WITH YOUR USE OF THE SITE, YOUR ONLY RECOURSE IS TO IMMEDIATELY DISCONTINUE YOUR USE OF THE SITE AND IN THE EVENT THAT ANY PRODUCTS OBTAINED THROUGH THE SITE ARE DEFECTIVE, YOUR REMEDY AND Jeejas’S SOLE OBLIGATION SHALL BE RETURN OF THE DEFECTIVE PRODUCTS AND, UPON DETERMINATION BY Jeejas OF SUCH DEFECTS, REFUND OF ANY AMOUNTS PAID BY YOU TO Jeejas FOR SUCH DEFECTIVE PRODUCTS. JEEJAS MAXIMUM LIABILITY IS THE COST OF THE PRODUCT AND SHALL NEVER EXCEED THE SALE AMOUNT FOR ANY REASON WHATSOEVER. LIABILTY OF DAMAGES , FROM LOSS OF REVENUES, WALL DAMAGE, PAINT PEELING SHALL NEVER EXCEED THE REPLACEMENT VALUE OF THE GRAPHICS SOLD. JEEJAS MAY REMEDY WITH EITHER A REFUND OR REPLACEMENT.

QUALITY AND COLOUR IS SUBJECTIVE AND COLOUR MAY SHIFT DURING “PRODUCTION” OR OVER TIME. THE CUSTOMER IS ENCOURAGED TO ORDER A TEST SWATCH DEEM THE QUAILTY OF ADHESION , COLOUR , APPLICATION IS SUITABLE FOR THE CUSTOMERS NEEDS.IT IS THE CUSTOMER RESPONSIBILTY TO TEST ITS OWN APPICATION AND DEEM IT ADEQUATE AND FUNCTIONAL FOR THE PURPOSE OF DISPLAY AND DÉCOR.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

You agree that any claim or cause of action arising out of or related to your use of the site or materials or these Terms must be filed within 30 days after such claim or cause of action arose or be forever barred.

17. GENERAL

If any provision of this Agreement is invalid, illegal or unenforceable under any applicable statute or rule of law, such provision shall be deemed amended to achieve as nearly as possible the same economic effect as the original provision and the remaining provisions of this Agreement shall in no way be affected or impaired.

Jeejas shall have no liability for any failure or delay resulting from any condition beyond the reasonable control of Jeejas, including but not limited to governmental action or acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures and Internet disturbances.

This Agreement will be governed by the laws of Ontario Canada. Jeejas may elect to resolve any controversy or claim arising out of or relating to these Terms or the site by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association and or Canadian Arbitration Equivalents and you hereby agree to consent to such arbitration. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Raleigh, North Carolina, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either party may seek any interim or preliminary relief from a court of competent jurisdiction in Kitchener , Ontario necessary to protect the rights or the property of you or Jeejas (or its Representatives), pending the completion of arbitration.

Customers shipping into the European Union (EU) who have a problem with their purchase that was not resolved by Jeejas’s customer service department and wish to lodge a complaint should contact the European Commission Online Dispute Resolution service.