TERMS AND Privacy
Smart Girl Products, Inc. wants to welcome you to www.LoveJane.com and thanks you for using www.LoveJane.com. The following are the Terms of Service (the “Terms”) that govern your access to and the use of www.LoveJane.com (“We” or “Our”) website(s) and Services (the “Services’).
The Services are provided by Smart Girl Products, Inc. (“SGP”) with a business address of 499 Adams Street, P.O. Box 297, Milton, MA 02186.
We reserve the right to make any changes to www.LoveJane.com website(s) at any time without any notice. SGP may at any time revise and/or update these Terms and Conditions, the revised and/or updated terms taking effect as of the date of posting to www.LoveJane.com. Please check our Terms and Conditions and Policies on a regular basis because you agree to be bound by the revised and/or updated Terms and Conditions and Policies.
SGP owns or uses with permission everything that you see on the www.LoveJane.com website(s). At all times, you should assume that everything you see on www.LoveJane.com is owned and/or licensed to us and protected by intellectual property rights. Because of that, you cannot use anything on, from or for our website without our prior written permission. If you post or distribute material on our website, you must own or have permission to use such material. If not, you may be violating copyright, trademark, service marks, titles, brand identities, designs, trade names or other intellectual property rights. Further, keep in mind that once you post or submit material on our website, it becomes our property and as such, we own the content and copyright. Nothing contained herein shall be construed as to giving any license or right under any intellectual property right.
At our sole discretion, if we choose to, we can edit or delete any material on www.LoveJane.com. In addition, you agree that you will not upload or transmit objectionable content, including, but not limited to, content that is fraudulent, unlawful, threatening, libelous, defamatory, invasive of privacy or publicity rights, obscene, pornographic, abusive, encourages conduct that is criminal or that gives rise to civil liability or violates any law or is otherwise reasonably objectionable.
Any views expressed by our users or third parties on www.LoveJane.com are not our views or endorsed by us. At our sole discretion, we have the right to delete or edit, without any notice, any content received and/or displayed on www.LoveJane.com from a user that is inappropriate or offensive. Also, your use and/or browsing of www.LoveJane.com and/or the uploading and/or downloading of any material to or from www.LoveJane.com is done at your own sole risk. We do not warrant that www.LoveJane.com is and/or will be free of harmful components or viruses. Everything provided to you on www.LoveJane.com is provided “AS IS” without any warranty of any kind, express or implied, including, but not limited to, Implied Warranty of Merchantability or Fitness for a Particular Use and/or Purpose. You further agree that you will not upload spyware or any other malicious software to www.LoveJane.com.
We are not liable for any damages that may result from your use of www.LoveJane.com. It includes, but is not limited, to direct, indirect, special, consequential, exemplary, incidental or punitive damages and reasonable attorney’s fees or costs arising from your use and access to www.LoveJane.com. You further agree to hold us harmless and protect us from any and all liabilities, claims, injury, losses, damages, causes of action and/or expenses that may result from your use of this Service and/or breach of these Terms; your use and/or posting of material to www.LoveJane.com, and/or the transmission of any content through this Service.
The Terms and use of our Services will be governed by the laws of the Commonwealth of Massachusetts except for its conflicts of laws principles. If any claims arise out of or relate to these Terms or Services they must be litigated exclusively in Federal Court located in Boston, Massachusetts or State Courts located in Norfolk County, Massachusetts. By using or being part of or site, you consent to venue and personal jurisdiction in Norfolk County, Massachusetts and the Commonwealth of Massachusetts. You also waive any trial by jury in a lawsuit or other proceeding. You further agree that any cause of action arising out of, relating to, or are in any way connected to any use of our Services, these Terms or access to www.LoveJane.com website(s) must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action shall be permanently barred. Our failure to enforce any provision of these Terms is not a waiver of our right to do so at a later time. These Terms do not, in any way or manner, create a third-party beneficiary right. If any provision of these Terms is found by a court of competent jurisdiction to be unenforceable, the remaining provisions will remain in full force and effect, and a new enforceable term will be substituted to reflect our intent.
Any attempt to assign your rights to these Terms to a third-party is void. We, SGP and www.LoveJane.com may assign its rights to any of our affiliates or subsidiaries, or to any successor and/or assigns in interest of any business associated with our Services.
We at www.LoveJane.com and SGP respect others’ intellectual property rights and we are committed to complying with U.S. Copyright Laws and to responding to claims of copyright infringement. As a result, we will promptly investigate notice of alleged copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, U.S.C. § 512(c) (“DMCA”).
Any notifications of claimed or alleged copyright infringement must be sent to our Designated Agent:
- By Mail To: Designated Agent - DMCA – Smart Girl Products, Inc., 499 Adams Street, P.O. Box 297, Milton, MA 02186;
- By Email To: Hello@LoveJane.com. Make sure to include in the subject heading “Notice of Infringement”
You must provide the following in order for your DMCA claim to be valid and processed:
- A signature, physical or electronic, of person authorized to act on behalf of copyright owner;
- Identification information of alleged copyright infringement;
- Identification of material that is the alleged copyright infringement that is to be removed and sufficient information to allow us to locate such alleged copyright infringed material;
- Information for us to contact the copyright owner, such as address, telephone number and, if any, electronic mail address;
- A declared statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law, and
- A declared statement under the pains and penalty of perjury that the information in the notification is accurate and that you are authorized to act on behalf of copyright owner.
Please be aware that, pursuant to DMCA, any person that makes a false claim concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, courts costs, and reasonable attorney’s fees. We also reserve the right to delete or disable content alleged to be infringing and to terminate repeat infringers.
I. Our Services
We want you to have the best experience possible on www.LoveJane.com. www.LoveJane.com offers LoveJane gorgeous menstruation products for purchase and email newsletter subscriptions from www.LoveJane.com. It also offers information and inspiration to girls and women, their mothers and fathers, and their friends and family who love them. Visitors to www.LoveJane.com can sign up to receive emails from www.LoveJane.com, view photos shared on Instagram with the #lovejanebeauty hashtag, and learn more about the www.LoveJane.com company and its founders.
Our Services provide you an interactive, internet-based platform that allows you to obtain menstruation products, advice and information.
Our Services are available 24 hours a day, 7 days a week; however, there may be times when the Services are unavailable due to routine maintenance, correction of technical difficulties, servers down or for some other reason. The availability of our Services are subject to change in our sole discretion, at any time.
www.LoveJane.com may contain links to other websites. We are not responsible for the content or privacy practices of other websites. We encourage you to read the Terms and Conditions and Privacy Policies of these other websites before you disclose any personal information through or to these websites. www.LoveJane.com includes social media platforms, such as Twitter, Instagram, Facebook and Widgets. These social media platforms may collect your IP address, the page you are visiting on www.LoveJane.com, and may set a Cookie to enable proper functionality of the feature. Keep in mind that your use of these social media features are governed by their Privacy Policies and our collection of information applies solely to the information collected by www.LoveJane.com. We do not filter content that children may view through the linked websites and children could receive content or materials from the internet or other websites that may be inappropriate for children. As such, we encourage parents, next of kin, and guardians to spend time with their children online and consider using electronic filtering devices or software.
We may display testimonials and comments of users and endorsements of others on www.LoveJane.com. You may post your testimonial and/or comment onto www.LoveJane.com. If you decide to remove or update your testimonial, you may contact www.LoveJane.com at Support@LoveJane.com. We also offer blogs on www.LoveJane.com which are managed by a third party application that may require that you register in order to post a comment or testimonial. www.LoveJane.com may, but is not obligated to, monitor or review areas on our site where users post testimonials or comments with each other. We will have no liability that is related to the content of such posting(s).
If there is a typographical error or an error in pricing for any of our products or Services, SGP shall have the right to refuse or cancel any orders placed for products or services listed at the incorrect price whether or not the order has been confirmed and your credit/debit card charged. If credit/debit card was charged, SGP will issue a credit to your account in the amount of the incorrect price.
Any user that registers to www.LoveJane.com website(s) is required to have a username; however, the username must not be your full name (First and Last Name). If your username and/or profile name includes your full name, it will not be approved by SGP and www.LoveJane.com.
Some of our contracted partners are outside shipping companies to ship your orders and credit card processing companies to bill you for goods and services. These contracted partners do not retain, share, store and/or use PII for any other purpose
Security of all PII associated with our users is very important to us. Any financial information that is transmitted by your computer to our server(s) is done so by our utilization of encryption software and through a contracted partner. All of our user’s information, including PII and non-sensitive information, is restricted in our offices. Only SGP and www.LoveJane.com employees who need access to our user’s information to complete his/her specific duty is allowed access to our user’s information. Any employee of ours who violates our privacy and/or security policies is subject to immediate termination and civil and/or criminal prosecution.
The following information may be collected from and about you:
- Contact information – username, password and electronic mail address;
- Payment information – if you make purchases, we and/or our contracted vendors might collect your credit card information, telephone number and delivery address;
- Post Information – if you post material or respond to a quiz and/or survey, we may collect the information you provided us;
- Other information – when you use www.LoveJane.com, we may collect your IP address and browser information by using cookies.
The following is how we may collect information:
- Information directly provided by you;
- Browser cookies and web beacons;
- Social Media Platforms.
The following is how we may use the information:
- To respond to your requests and/or questions;
- For marketing, promotional and security purposes;
- To provide and improve our products and Services;
- To look at user’s interests and site trends;
- To communicate to parents, next of kin or legal guardians to obtain permission, if needed.
All of the information provided to us is stored in the United States. By your use of our Services and of www.LoveJane.com, you understand that (1) if you are located outside of the United States any information given by you will be transferred to the United States and (2) the United States may not provide the same level of protections as the law(s) of your country. By your use and providing of your information, you further consent to the transfer of information to the United States.
If you would like to opt out from receiving future communications or promotional materials from www.LoveJane.com or correct and/or update information provided to www.LoveJane.com, you may do the following:
- Send an email to Hello@LoveJane.com with subject heading “Opting Out”;
- Send a request via mail to Smart Girl Products, Inc., Attn.: Opting Out, 499 Adams Street, P.O. Box 297, Milton, MA 02186;
- To correct and/or update your information, you may do so by changing information on your profile.
www.LoveJane.com offers online products and Services for people of all ages which are intended to be used by girls or their parents, next of kin or legal guardians as an educational and health tool. Our Services might collect information of our users over the age of 13 such as username, age, and/or electronic mail address. If there is a need to collect and/or use personal information from a child under the age of 13, we are required to obtain consent and/or permission from their parent, next of kin or legal guardian before a child registers or makes a purchase on www.LoveJane.com website(s). If personal information is obtained, we are also responsible for providing parents, next of kin or legal guardians with notice about how personal information from their children was collected and being used by SGP and www.LoveJane.com.
- By mail at: Smart Girl Products, Inc.; Attn: COPPA Policy, 499 Adams Street, P.O. Box 297, Milton, MA 02186;
- By email at: Hello@LoveJane.com with subject heading “COPPA Policy.”
A child under the age of 13 is not able to register for our Services but may explore www.LoveJane.com website(s) and brands. Any user that registers to www.LoveJane.com is not permitted to use a full name (First and Last name) as a username. We do not knowingly collect any information from a child under the age of 13. If a child under the age of 13 registers for our Services, without verification of consent of the parent(s), next of kin or legal guardians, upon notice, we will immediately remove and delete all information from our system(s) and database. In addition, if we become aware and/or are directed to stop collecting and using PII of a child under the age of 13 by a parent, next of kin or legal guardian, we must disable the child’s use of our Services to ensure that no further information is collected.
The following is how we may use the information of children under the age of 13:
- To respond to or communicate with a child or his/her parents’, next of kin or legal guardian’s requests and/or questions;
We will not use or disclose any PII for our own commercial purposes. We only collect and use unique identifiers to properly operate and maintain, to authenticate users or personalize content; to protect the security and integrity of www.LoveJane.com website(s) and of our users.
The following is how we may share information of children under the age of 13:
- We may disclose PII of a child in order to comply with the law and to protect the child, other users and www.LoveJane.com.
This COPPA Policy is effective as set forth in the date below. We reserve the right to make any changes, revisions or updates to this COPPA Policy at any time without any notice. The revised COPPA Policy takes effect as of the date of posting to www.LovaJane.com website(s) home page. Please make sure to check back on a regular basis. If any of our changes, revisions or updates materially affect our practices in regards to the PII we collected from a child under the age of 13, we will provide you with notice in advance of such change by highlighting the change on www.LoveJane.com.