Terms of Service – Jema Lane Boutique

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Terms of Service

Last Updated: September 12th, 2018

 

Welcome to Jema Lane Boutique's website (this "Site"). This Site is comprised of various web pages operated by Jema Lane Boutique ("us", "we", "our"). www.jemalane.com is offered to you conditioned on your acceptance without modification of these rules which govern your use of this Site (the "Terms"). Your use of Jema Lane's website constitutes your agreement to all such Terms. Please read these terms carefully. Any questions or concerns should be directed to jani@jemalane.com. Thank you! 

PRIVACY

Your use of jemalane.com is subject to our Privacy Policy, which also governs the Site and informs users of our data collection practices. Please review https://jemalane.com/privacy-policy.

ELECTRONIC COMMUNICATIONS

Visiting jemalane.com or sending emails to any Jema Lane email addresses constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

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. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Jema Lane is not responsible for third party access to your account that results from theft or misappropriation of your account. Jema Lane and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content at our sole discretion.

Jema Lane does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 13, DO NOT USE THIS WEBSITE. If we learn or have reason to suspect that a Site user is not at least 13 years of age, we will promptly delete any personal information in that user’s account.


REFUNDS & RETURN POLICY

To view our full return policy, please view https://jemalane.com/return-policy.

LINKS TO THIRD PARTY SITES/THIRD PARTY SERVICES

This Site may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Jema Lane and Jema Lane is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Jema Lane is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Jema Lane of the site or any association with its operators.

Certain services made available via jemalane.com are delivered by third party sites and organizations. By using any product, service, or functionality originating from the jemalane.com domain, you hereby acknowledge and consent that Jema Lane may share such information and data with any third party with whom Jema Lane has a contractual relationship to provide the requested product, service or functionality on behalf of jemalane.com users and customers.

PROHIBITED USE OF INTELLECTUAL PROPERTY

You are granted a non-exclusive, non-transferable, revocable license to access and use jemalane.com strictly in accordance with these Terms. As a condition of your use of the Site, you warrant to Jema Lane that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Jema Lane Boutique or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Jema Lane content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Jema Lane and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Jema Lane or our licensors except as expressly authorized by these Terms.

LICENSE TO USER CONTENT

This Site may provide you with the opportunity to submit, post, or display content, such as photos, images, text, materials, information, data, opinions, messages, notes, graphics, designs, or any other content ("User Generated Content" or "UGC"). You can do this either by sending UGC directly to this Site or by sending us UGC through other means. By submitting User Generated Content to this Site or sending us User Generated Content through other means, you represent that: (1) you own or have unencumbered, transferable rights and permissions, including, without limitation, the right of publicity, to the UGC that you submit; (2) you have permission from all persons appearing in your UGC to grant the rights granted herein; (3) the use of your UGC as described herein will not violate any law or the rights of any third party; and (4) that you are above the age of majority. If your UGC shows a child that is under the age of majority in their state of residence, you represent that you have written permission from the child's parent or guardian to provide the photo or video image for commercial use. Submitting User Generated Content to this Site means that you automatically grant Jema Lane, and its third-party service providers (collectively, the "Licensed Parties") a perpetual, worldwide, unlimited, irrevocable, transferable, assignable, royalty-free, fully-paid license for the Licensed Parties to use that UGC and your image, likeness, username, real name, caption, location or other identifying information in connection with your UGC, for any lawful purpose, including, but not limited to, any commercial advertising/marketing, in any manner or media now or later developed, including, without limitation, the right to display, reproduce, modify, translate, create derivative works, distribute, assign, commercialize, and sub-license that UGC to third parties for their lawful uses and purposes. Subject to existing laws, you waive any moral rights that you or your licensors may have in any User Generated Content.


THIRD PARTY ACCOUNTS

You will be able to share products from the Site to third party accounts. By sharing to your third party account, you acknowledge and agree that you are consenting to have that third party share information from our Site to your timeline or feed on your third party account. If you do not want information posted to your third party account, do not use this feature.

INTERNATIONAL USERS

The Service is controlled, operated and administered by Jema Lane from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Jema Lane Content accessed through jemalane.com in any country or in any manner prohibited by any applicable laws, restrictions, or regulations. 

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Jema Lane, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Site or services, any UGC made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Jema Lane 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 Jema Lane in asserting any available defenses.

LIABILITY DISCLAIMER

The information, software, products, and services included in or available through the site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Jema Lane and/or its suppliers may make improvements and/or changes in the site at any time.

Jema Lane and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the site for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided "as is" without warranty or condition of any kind. Jema Lane and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.

To the maximum extent permitted by applicable law, in no event shall Jema Lane and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the site, with the delay or inability to use the site or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the site, or otherwise arising out of the use of the site, whether based on contract, tort, negligence, strict liability or otherwise, even if Jema Lane or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the site.

TERMINATION/ACCESS RESTRICTION

Jema Lane reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Washington and you hereby consent to the exclusive jurisdiction and venue of courts in Washington in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Jema Lane as a result of this agreement or use of the Site. Jema Lane's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Jema Lane's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Jema Lane with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Jema Lane with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Jema Lane with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

CHANGES TO TERMS

Jema Lane reserves the right, in its sole discretion, to change the Terms under which jemalane.com is offered. The most current version of the Terms will supersede all previous versions. Jema Lane encourages you to periodically review the Terms to stay informed of any updates.

CONTACT US

If you have any questions or concerns regarding the Terms, please do not hesitate to contact Jema Lane via the following means:

Jema Lane Boutique
Email: info@jemalane.com Phone: (509) 321-2330

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