Effective Date: January 3rd, 2024
General
Jane Austen Inspired owns and operates website
URL(s) janeausteninspired.com. We are pleased to provide you with access to our Site as well as access
to and use of our products, services, free or paid content, and any other current or
future online offerings (collectively, “Services”).
These Terms and Conditions and our Privacy Policy govern your access and
use of the Site and Services and constitute a legally binding agreement between you
and Company.
BY ACCESSING OR USING THE SITE OR SERVICES, YOU EXPRESSLY CONSENT
TO BE BOUND BY THESE TERMS, OUR PRIVACY POLICY, AND ANY
AMENDMENTS THERETO. IF YOU DO NOT ACCEPT THE TERMS, DO NOT
ACCESS OR USE THE SITE OR SERVICES.
We reserve the right to unilaterally amend these Terms without notice at any time. Your
continued use of the Site or Services constitutes acceptance of any amendments. We
recommend you periodically review our Terms for updates. Additional terms and
conditions may apply to certain products, services, sweepstakes or contests, or
memberships that may be offered from time to time, and such terms will be provided to
you at the time of purchase or entry.
User Eligibility
The Site is intended only for use by persons 18 years of age or older.
Privacy Policy
We understand your privacy is important and have adopted a Privacy Policy to explain
how we collect, use, share, and safeguard the information we collect from you. Our
Privacy Policy forms a part of these Terms. Please review our Privacy Policy for more
information.
Disclaimer
We provide content designed for educational and informational purposes only. Use of
any such content or any of our products or services is solely at your own risk. Our
Disclaimer forms a part of these Terms. Please review our complete Disclaimer for more
information.
User Content
We permit you to submit content to us (“User Content”). User Content refers to any and
all information and content that you submit to us by any means, including through the
Site, social media, email, or other methods. You warrant that you own or have the
appropriate licenses or permissions to use any User Content you submit and that your
User Content does not infringe another’s copyrights or other intellectual property rights,
privacy rights, or publicity rights. You are solely responsible for your User Content and
assume all risks associated therewith. We reserve the right to remove any User Content
at our sole discretion, at any time, and without notice to you.
By submitting User Content, you automatically grant to us a perpetual, irrevocable,
royalty-free, fully paid, nonexclusive, worldwide license to publish, adapt, modify,
reproduce, distribute, publicly perform and display, prepare derivative works of,
incorporate into other works, and otherwise use your User Content, on our Site, social
media, or for other purposes, without notice or compensation to you and at our sole
discretion. You acknowledge and agree that we may publish your User Content or
testimonial along with your name, voice, likeness, website, video, or other information.
You agree to irrevocably waive any attribution or claims of publicity with respect to your
User Content.
Prohibited Uses; Termination
You agree not to collect, upload, distribute, transmit, or display, any User Content that (i)
violates, infringes, or misappropriates any third-party right, including any intellectual
property rights; (ii) violates any applicable law or regulation or would support a claim for
civil liability; (iii) is false, deceptive, or misleading; or (iv) is defamatory, harassing,
obscene, offensive, profane, hateful, racist, discriminatory, vulgar, violent, threatening,
tortious, libelous, or exploits minors.
You further agree not to (i) send unsolicited or unauthorized advertising, spam, or junk
mail; (ii) upload or transmit any computer viruses, spyware, or malware; (iii) attempt to
access non-public portions of the Site or otherwise interfere with or disrupt the Site; (iv)
interfere with another individual’s access and use of the Site.
We are not obligated to monitor anyone’s access or use of the Site. However, we
reserve the right to review any User Content and, at our sole discretion, take
appropriate action against any user who violates these Terms or poses a liability to us.
You may be liable for damages resulting from a violation of these Terms.
You understand and agree that we may terminate your access to our Site or Services at
our sole discretion, at any time, and without notice to you. The following sections of
these Terms survive any termination: Disclaimer of Warranties, Limitation of Liability,
and Governing Law and Jurisdiction
Third-Party Links; Affiliate Marketing Disclosure
Our Site and Services may contain links to third-party websites. You understand and
agree that we do not control such third-party websites or content contained therein and
are not responsible for any liability related to your use of those websites or content. We
provide these links for your convenience and do not endorse, monitor, or make any
representations with respect to third-party websites unless otherwise stated. Third-party
websites are governed by their own privacy policies and terms and conditions.
We participate in affiliate marketing programs. We publish affiliate links, which connect
you to third-party websites where you can purchase products and services that
complement our content and Services. These links may appear on our Site or within our
emails, Services, Digital Products (defined below), or other content we provide. We may
receive commissions or other benefits on purchases you make through such links. We
do not publish affiliate links for or recommend products or services that we have not
personally used or investigated.
We are a participant in the Amazon Services LLC Associates Program and earn
commissions on purchases you make through our Site’s links to Amazon.com.
Limited License to Use Digital Products; Resale Prohibited
We may sell or provide free templates, ebooks, courses, or other digital material
(“Digital Products”). We retain ownership of all intellectual property rights related to our
Digital Products. Subject to your compliance with these Terms, we grant you a limited,
revocable, non-exclusive, and non-transferable license to access, download, and print
the Digital Products for your educational, personal, and non-commercial use. Except as
expressly permitted in these Terms or otherwise in writing, you shall not: (i) reproduce,
redistribute, sell, transfer, sub-license, or assign your rights to the Digital Products; (ii)
create derivative works of the Digital Products; (iii) remove any proprietary or source-identifying marks from the Digital Products, or (iv) disassemble, decompile, or reverse
engineer the Digital Products. Any rights not expressly granted in these Terms are
reserved.
By accessing or using any of our Digital Products, you represent and warrant that you
will use the product for your own personal, non-commercial use only. Resale or transfer
to a third party is expressly prohibited.
Intellectual Property
We own all intellectual property rights with respect to our Site, Digital Products, and
Services, including but not limited to the text, images, videos, trademarks, service
marks, and design contained therein (collectively “Intellectual Property”). We retain
ownership of all such intellectual property rights. Our Intellectual Property is protected
by copyright, trademark, trade secret, patent, or other intellectual property laws or
proprietary rights. Using, copying, republishing, posting, downloading, or modifying our
content, trademarks or service marks without our prior written permission is strictly
prohibited. We will take any legal action necessary to protect and enforce our
Intellectual Property rights.
Copyright Infringement
We respect the intellectual property of others and specifically prohibit posting any
content that infringes on another’s intellectual property rights. We comply with the
Digital Millennium Copyright Act (“DMCA”) and will review notices of alleged
infringement and take appropriate action. If you believe User Content posted on the Site
infringes upon your copyrights or other intellectual property rights and you wish to have
it removed or disabled, please email us at [email protected] and provide the following information:
(i) a physical or electronic signature of the person authorized to act on behalf of
the owner of the intellectual property interest;
(ii) a description of the copyrighted work (or trademark) claimed to have been
infringed;
(iii) identification of the claimed infringing material that is to be removed or
disabled;
(iv) your contact information, including your name, address, telephone number,
and email address;
(v) a statement that you have a good faith belief that use of the material is not
authorized by the copyright (or trademark) owner, its agent, or the law; and
(vi) a statement, under penalty of perjury, that the information in your notice is
accurate and that you are authorized to act on behalf of the owner of the
intellectual property.
Pursuant to 17 U.S.C. § 512(c), you must provide each of the items above in writing.
Upon receipt of your complete notification, we will respond as expeditiously as possible
to remove or disable the material.
Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR SERVICES
ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THEREFORE, YOU
ACCESS AND USE THE SITE AND SERVICES AT YOUR OWN RISK.
WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, EXPRESS
OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE,
MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PURPOSE, AND ANY
OTHER WARRANTY THAT MIGHT ARISE UNDER ANY LAW OR FROM COURSE OF
DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICE: WILL
BE ACCURATE, COMPLETE, OR RELIABLE; WILL BE AVAILABLE OR PROVIDED
ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS; WILL MEET YOUR
PERSONAL OR PROFESSIONAL NEEDS; WILL BE SUITABLE FOR ALL USERS; OR
WILL BE AVAILABLE FOR ANY LENGTH OF TIME
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY AND ITS
AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS, AND
SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, MULTIPLE, OR EXEMPLARY
DAMAGES HOWEVER CAUSED, INCLUDING BUT NOT LIMITED TO DAMAGES
FOR LOSS OF PROFITS, USE, GOODWILL, OR SERVICE; INTERRUPTION;
ECONOMIC LOSSES; INABILITY TO USE THE SERVICES; OR OTHER INTANGIBLE
LOSSES ARISING FROM OR RELATED TO YOUR RELATIONSHIP WITH US OR
YOUR USE OF THE SITE OR SERVICES.
Indemnity
You agree to indemnify, defend, and hold harmless Company, its affiliates, officers,
employees, agents, licensors, and service providers, from and against all claims,
liabilities, demands, damages, and losses, including the cost of attorneys’ fees, that
arise out of your use of the Site or Services, User Content submitted by you or on your
behalf, or your violation of these Terms.
Force Majeur
We shall not be liable for any failure or delay in performance under these Terms if the
failure or delay is due to causes or circumstances beyond our reasonable control,
including but not limited to acts of God, fire, flood, earthquake, explosion, accident, riots
or civil unrest, war, terrorist act, epidemic or pandemic, breakdown of communication
facilities or internet service, governmental acts or omissions, changes in laws or
regulations, strikes or labor disputes, or lack of availability of suitable materials.
Governing Law and Jurisdiction
These Terms and any dispute arising between you and Company shall be governed by
the laws of the State of Massachusetts in the United States, without regard to principles of
conflicts of law. For disputes where arbitration is not required, the state and federal
courts located in Worcester, Massachusetts in the United States will have exclusive jurisdiction, and you
consent to the jurisdiction of those courts.
Severability and Waiver
If any provision of these terms is found invalid, illegal, or unenforceable by a court of
competent jurisdiction, such provision shall be severed from these Terms and the
remaining provisions will continue in full force and effect. Any failure or delay in our
exercising a right hereunder shall not waive further exercise of that right, and the waiver
of any such right will only be effective if in writing and does not constitute a further or
continuing waiver of that right.
Entire Agreement
These Terms incorporate our Privacy Policy by reference. These Terms represent the
entire agreement between Company and you regarding the Site or Service and
supersede all prior agreements, representations, and warranties, whether written or
oral.
Contact
If you have questions, comments, complaints, or legal notices please contact us at
[email protected].