Terms & Conditions

Jane, LLC Studio Jane Terms and Conditions
(Last modified February 3, 2021)

These Studio Jane Terms and Conditions (the "Terms") constitute a binding agreement between you and Jane, LLC ("Jane," "we," or "us") with respect to your access to and use of the Studio Jane retail product photo-shoot and image creation services (the “Services”) made available to authorized Jane sellers through the Studio Jane website at https://studio.jane.com (the “Site”). You must be at least 18 years of age to access and use the Services and the Site.

The Services are offered subject to your acceptance, without modification, of all terms and conditions set forth herein. PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING THE SITE OR THE SERVICES, OR BY PLACING ANY ORDER, YOU AGREE TO BE BOUND BY THESE TERMS AND SUCH OTHER TERMS, CONDITIONS, POLICIES, AND DOCUMENTS THAT MAY BE INCORPORATED HEREIN BY REFERENCE, INCLUDING, WITHOUT LIMITATION, THE JANE PRIVACY POLICY AND THE JANE WEBSITE TERMS AND CONDITIONS (collectively, the “Agreement”). IF YOU DO NOT AGREE TO THIS AGREEMENT, DO NOT ORDER OR USE THE SERVICES.

THIS AGREEMENT IS VOID WHERE PROHIBITED BY LAW, AND ANY RIGHTS TO ACCESS OR USE THE SERVICES IS REVOKED IN SUCH JURISDICTIONS.

THESE TERMS REQUIRE THE USE OF BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN JURY TRIALS OR CLASS ACTIONS, IN ACCORDANCE WITH THE TERMS OF THE “ARBITRATION; JURY WAIVER; CLASS ACTION WAIVER” SECTION BELOW.

CHANGES TO THE AGREEMENT

Jane reserves the right to modify or change this Agreement and its terms, as well as the fees and other amounts charged for the Services, at any time and in its sole discretion. Any modifications or changes will be effective immediately upon posting at the Site, unless otherwise specified in the updated Agreement. We may also, in our discretion, provide you notice of any update by email to the email address then associated with your Studio Jane Account (defined below). You waive any right you may have to receive specific notice of any modifications or changes, except as otherwise required by law. Your continued access to and use of the Site and Services confirms your acceptance of this Agreement and any changes or modifications made to the Agreement. You should review these Terms, the Privacy Policy and the Terms of Use frequently and ensure you understand all terms, conditions, and policies applicable to your access to and use of the Site and Services.

ELIGIBILITY

The Services are available only to those persons and entities that are party to a current and valid Jane, LLC Seller Agreement, pursuant to which such person or entity is authorized to offer products for sale through the Jane.com website and associated mobile iOS and Android applications (a “Seller”). Any rights or licenses granted to you hereunder or purchased by you pursuant to these Terms will terminate automatically upon the expiration or termination of your Jane, LLC Seller Agreement, or if you (or the organization or entity you represent) otherwise cease to be a Seller. IF YOU ORDER OR OTHERWISE ACCESS THE SERVICES, YOU CERTIFY THAT (A) YOU, OR THE ORGANIZATION OR ENTITY YOU REPRESENT, ARE CURRENTLY A SELLER; AND (B) IF YOU ARE ENTERING THIS AGREEMENT ON BEHALF OF AN ORGANIZATION OR ENTITY, YOU ARE LEGALLY AUTHORIZED AND PERMITTED TO BIND SUCH ORGANIZATION OR ENTITY TO THIS AGREEMENT AND TO USE THE SERVICES.

STUDIO JANE ACCOUNT

In order to access and use the Services, you must establish a Studio Jane account by visiting the Site (a “Studio Jane Account”) and following the prompts. In creating your account, you will be required to provide your first and last name, email address, and password. You must ensure that all information you provide to Jane with respect to your Studio Jane Account and your use of the Services is complete and accurate. In the event of any changes to your contact or other provided information, you should promptly advise Jane of such changes by visiting the Site and updating the information in your Studio Jane Account. You may cancel your Studio Jane Account at any time by contacting studiojanesupport@jane.com.

ORDERS AND PAYMENT

You agree that any order you submit is an offer to buy, under this Agreement, that package of Services listed in your order (each, a “Service Plan”). All orders must be accepted by Jane or Jane will not be obligated to sell the Services or any Service Plan to you. Jane may choose not to accept orders at its sole and absolute discretion, even after Jane has sent to you a confirmation email with your order number and details of the items you have ordered.

When you order a Service Plan, you will be asked to provide certain information applicable to facilitate your purchase, including, without limitation, payment and other information. Any such information provided by you will be treated as set forth in our Privacy Policy. All information that you provide to Jane or to any of our third party payment processors must be accurate, current and complete. You represent and warrant that you have the legal right to use any credit card(s) or other payment methods you use to initiate any transaction. You agree to pay all charges incurred by you or any users of your Studio Jane Account and your applicable payment method (including, without limitation, your credit card) at the price levels in effect when the charges are incurred. You are responsible for paying any and all applicable taxes relating to your order and your purchase of Services. All charges and amounts payable by you hereunder are payable in advance and are non-refundable.

Jane may offer from time to time promotions on the Site or with respect to the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

SERVICE PLANS

The specific details and specifications of each Service Plan available for purchase may be viewed on the applicable Service Plan page on the Site (each, a “Plan Description”). Plan Descriptions may specify, among other things, the number and categories of Product Images available under the applicable Service Plan and the number of Seller products for which Product Images will be provided. We may modify Plan Descriptions from time to time in our sole discretion and without prior notice. You should carefully review the applicable Plan Description prior to placing any order for a Service Plan. In addition to being subject to those terms, conditions, and restrictions set forth herein, your access to and use of any Product Image (as defined herein) provided to you under a Service Plan will also be subject to any additional terms or use restrictions set forth in an applicable Plan Description.

PRODUCT IMAGES

Product Images. Following your purchase of a Service Plan, and subject to your timely fulfillment of your obligations hereunder (including, without limitation, providing samples of all applicable Seller products to Jane), Jane will develop, in accordance with the applicable Plan Description, a series of composed images consisting of a Seller product (or combination of Seller products), a Model (as defined herein), body variations and a background for use in the marketing, promotion, and sale of your Seller products (each, a “Product Image”). Subject to Jane’s obligations to reasonably accommodate Modification Requests (as described below), Jane shall retain artistic control and discretion in developing the Product Images. Without limiting the generality of the foregoing, Jane may, in its sole discretion, select Models and otherwise style the Product Image as it sees fit based on availability and Jane’s professional expertise.

Models. As used herein, “Model” shall mean a series of head images of one person that are or may be used by Jane in creation of a Product Image. You understand and acknowledge that Models used to create Product Images may be made available to Jane by a third party and that use thereof in connection with Product Images (and, accordingly, any use of such Product Images) may be subject to the terms and conditions of a separate license or agreement between Jane and such third party (“Model License”). Jane reserves the right to recall or modify any Product Image at any time, including via cropping or replacing the relevant Model, when required for Jane’s compliance with the terms of any Model License, as determined by Jane in its sole discretion. In connection with the foregoing, you agree to and shall, within 30 days of receipt of any notice from Jane requesting the same: (i) cease all use of any individual Product Image identified in the notice by Jane, including any posting or public display or dissemination of such Product Image; and (ii) delete any and all copies of such Product Image in your possession or control or that you have otherwise accessed in connection with this Agreement. Notwithstanding the foregoing, if Jane provides you with a modified version of the applicable Product Image, you may, subject to your compliance with the requirements of the preceding sentence as they relate to any unmodified versions of such Product Image, access and use the modified Product Image in compliance with the terms and conditions of this Agreement. You agree to indemnify, defend, and hold harmless Jane, its affiliates, officers and directors, and its and their respective successors, assigns, heirs, executors, administrators, and personal representatives, from and against any and all actions, causes of action, damages, claims, liabilities, obligations, costs, losses, expenses, and demands whatsoever, which arise from or relate to your failure to comply with your obligations under this paragraph.

Recoloring. You may elect to receive in connection with your Service Plan certain optional recoloring services, through which Jane may create and provide to you Product Images displaying multiple color variants of a single Seller product (the “Recoloring Services”). To the extent you receive access to the Recoloring Services, you are solely responsible for selecting a Hex color that matches the physical Seller product color. In providing the Recoloring Services, Jane shall have no obligation or liability with respect to Hex color selection, and is entitled to rely solely on your instructions with respect to the same. Notwithstanding the foregoing, you understand and acknowledge that not all Seller products may be suitable for or otherwise qualify for recoloring. Please refer to the Recoloring Service Guidelines on our FAQ page to learn more.

Production Timelines and Proofing. Subject to your timely fulfillment of your obligations hereunder (including, without limitation, providing samples of all applicable Seller products to Jane), and except where otherwise specified in an applicable Plan Description, Jane will undertake commercially reasonable efforts to develop initial Product Images for your review within 1-2 weeks of receipt of all applicable Seller product samples. Product Images will be made available for review by you via an online proofing gallery, which proofing gallery may be maintained or hosted by a third party service provider (including, by way of example, Pixieset.com) (a “Third Party Provider”). In addition to any terms or conditions included in this Agreement, your use of and access to the proofing gallery may also be subject to, and you agree to comply with, any additional terms and conditions imposed by the Third Party Provider. After Jane has provided you with access to the proofing gallery, you will have 7 days to review the Product Images and submit to Jane any requests for revisions or modification of the Product Images (“Modification Request”). You may submit up to two rounds of Modification Requests with respect to each Product Image; provided, however, that any second-round Modification Requests must be submitted within 7 days of Jane’s response to your initial Modification Request, which response will either be in the form of a modified Product Image or a notice from Jane indicating that the requested modifications cannot be made. Jane will undertake commercially reasonable efforts to accommodate Modification Requests you properly submit in compliance with this paragraph. All Modification Requests should be submitted via email to studiojanesupport@jane.com.

All Product Images shall be deemed final and approved by you as follows: (i) if Jane does not receive from you any Modification Request within 7 days of providing access to the proofing gallery, upon the expiration of such 7-day period; (ii) if Jane receives an initial Modification Request from you, but does not receive a second Modification Request from you within 7 days of providing its response to your initial Modification Request, upon the expiration of such 7-day period; or (iii) if Jane receives a second Modification Request from you, on the date Jane provides its response to your second Modification Request. Upon your deemed acceptance of any Product Images, Jane will have no obligation to make any further modifications, revisions, or alterations to the Product Images. All Product Images will be available on the proofing gallery for viewing and download by you for a period of 90 days after you receive access to the proofing gallery. After the expiration of such 90-day period, you shall have no further access to the proofing gallery and Jane may, at its option, delete and destroy the Product Images. You agree and acknowledge that Jane does not and will not provide backup or archiving services with respect to any Product Images. You are solely responsible for the download, storage and back-up of all Product Images during the term of these Terms.

YOUR OBLIGATIONS

Seller Product Samples. To facilitate Jane’s provision of the Services to you in accordance with any accepted order, you will promptly provide to Jane one sample of each Seller product to be displayed in the Product Images. All Seller product samples shall be sent to Jane at:

Jane.com
ATTN: STUDIO JANE
3401 N. Thanksgiving Way, STE 300
Lehi, UT 84043

You shall be responsible for and shall bear all costs and risk of loss arising from or relating to the shipping of Seller product samples to Jane. Seller products sent to Jane pursuant to this paragraph will not be returned to you unless (i) you request return of the Seller products in writing at the time the Service Package is purchased, and (ii) you provide to Jane a prepaid return shipping label. You will be responsible for and will promptly reimburse Jane for any and all costs incurred by Jane in returning Seller product samples. Jane shall not be responsible for any loss of or damage to Seller product samples occurring during shipment or in connection with Jane’s provision of the Services.

Rights in Seller Products. You represent and warrant to Jane that: (i) you own or otherwise possess all necessary rights with respect to the Seller products and Seller product samples necessary to permit Jane to perform the Services hereunder; (ii) neither the Seller products nor the Seller product samples do or will infringe, misappropriate, or otherwise violate any copyright, trademark, trade secret right or other intellectual property or other property right of any third party; and (iii) the Seller products and Seller product samples are not confusingly similar to brands or branded products sold by others.

Timely Performance. You understand and acknowledge that Jane’s ability to perform the Services is expressly contingent upon your timely performance of your obligations hereunder. Any failure by you to fully and completely fulfill your obligations hereunder on a timely basis may impact or delay the timing of Jane’s performance of the Services, and Jane shall have no liability to you or any other party for or relating to any such impact or delay.

OWNERSHIP AND RESTRICTIONS

Ownership of Seller Products. As between Jane and you, you own and shall retain all right, title, and interest in and to the Seller products. You understand and agree that you are fully responsible for all Seller products and for all Seller product samples provided to Jane hereunder, and hereby authorize Jane to use the Seller products and Seller product samples for purposes of creating the Product Images and otherwise providing the Services hereunder.

Ownership of Product Images. Jane and/or its licensors shall own all right, title and interest in and to the Product Images and all associated intellectual property rights. You agree and acknowledge that you acquire no ownership rights with respect to the Product Images hereunder and, except with respect to the limited rights granted in the following paragraph, you agree to and do hereby fully assign and transfer to Jane any right, title and interest you have or may acquire in the Product Images.

License to Product Images. Subject to your compliance with the terms and conditions of this Agreement (including, without limitation, as set forth in the paragraph entitled “Models”), Jane hereby grants to you a limited, non-exclusive, revocable, non-assignable, non-sublicensable, worldwide right and license to use, copy, distribute, publish and otherwise exploit, during the term of these Terms, the Product Images provided to you hereunder, solely for purposes of marketing, promoting, and selling your Seller products on the Jane.com website and associated mobile iOS and Android applications and other third-party websites.

Feedback. To the extent that you provide Jane with any suggestions, feature requests, evaluation results, feedback, or other input in relation to any aspect of the Services, Site, or Product Images (collectively, “Feedback”), you hereby assign and agree to assign to Jane all right, title and interest in and to such Feedback, including any intellectual property rights therein, and agree that Jane will be free to use such Feedback in any manner, including by implementing such Feedback in the Services, Site, or Product Images and/or Jane’s other technologies, products and services, without compensation or other obligation to you.

Use Restrictions. You agree and acknowledge that all Product Images developed hereunder are for online use and display only, and are only for your use during the term hereof. You may not (nor permit any third party to) download or use the Product Images for any purpose not expressly authorized herein or that may cause you to be in breach of the terms hereof. You have no right to, and you shall not, photoshop or digitally manipulate any Product Image, including, without limitation, through use of filters or through combination with other graphics or images.

THIRD PARTY SERVICES

You acknowledge that Jane may, in providing the Services, rely on the services or technology of third party service providers. Jane expressly disclaims all representations, warranties, and liability for and with respect to services or products (including as incorporated in the Services or Product Images) provided by any such third party service providers.

TERM AND TERMINATION

These Terms shall become effective upon Jane’s acceptance of your order and, unless earlier terminated as provided for herein, shall continue for a period of 18 months, at which time these Terms will automatically terminate. Notwithstanding the foregoing, these Terms may be terminated by either party, for any reason, upon 60 days’ advance written notice to the other party. Additionally, either party may terminate these Terms, effective on written notice to the other party, if the other party materially breaches any term of this Agreement, and such breach: (i) is incapable of cure; or (ii) being capable of cure, remains uncured 30 days after the non-breaching party provides the breaching party with written notice of such breach.

Upon any expiration or termination of these Terms or the Agreement, all rights and licenses granted to you hereunder shall immediately and automatically terminate, you shall immediately cease all use of the Product Images, and you shall promptly delete or otherwise destroy all copies of any Product Images in your possession or control or that were otherwise accessed by you in connection with this Agreement, and certify the same in writing to Jane (which writing may be in the form of email correspondence).

CONFIDENTIALITY

For purposes of this Agreement, “Confidential Information” means (subject to the exclusions below) any non-public information of Jane relating to or disclosed in connection with this Agreement that should be reasonably understood to be confidential, whether or not designated as such. As between Jane and you, all Confidential Information will be the property solely and exclusively of Jane. You will use the same care to protect the Confidential Information as you use for your own similar information, but no less than reasonable care, will not disclose Confidential Information to any third party without prior written authorization from Jane, and will use Confidential Information only for the purpose of fulfilling your obligations or exercising your rights expressly granted under this Agreement. You will promptly return or destroy (and certify the destruction of) the Confidential Information upon request by Jane in connection with the expiration or termination of this Agreement. Confidential Information does not include information that: (i) is or becomes publicly available through no fault of you; (ii) was already in your possession without confidentiality restrictions at the time of receipt from Jane, as evidenced by written records; or (iii) was independently developed by you without violation of this paragraph. If you are required to disclose Confidential Information by law, you will promptly notify Jane and reasonably cooperate with its efforts to limit or protect the required disclosure but will otherwise not be in violation of this paragraph on account of making the required disclosure.

DATA PRIVACY

For information on how Jane collects, uses, and discloses information concerning individuals, how to update or change your personal information, or how Jane communicates with customers and others, please carefully review our Privacy Policy.

DISCLAIMER OF WARRANTY

EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICES, SITE, AND PRODUCT IMAGES ARE PROVIDED "AS IS" AND JANE HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. JANE SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUALITY, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. JANE MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE AVAILABILITY, TIMELINESS, OR SUITABILITY OF THE SERVICES, SITE, OR PRODUCT IMAGES OR THE RESULTS THAT YOU MAY OBTAIN BY USING THE SAME. JANE MAKES NO WARRANTY OF ANY KIND THAT THE SERVICES, SITE, OR PRODUCT IMAGES, OR RESULTS FROM THE USE THEREOF, WILL MEET YOUR OR ANY OTHER PERSON’S OR ENTITY’S REQUIREMENTS, BE AVAILABLE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, OR BE SECURE, ACCURATE, OR ERROR-FREE. AS BETWEEN JANE AND YOU, YOU ASSUME ALL RISK IN CONNECTION WITH THE USE OF THE SERVICES AND SITE AND THE DISPLAY AND USE OF THE PRODUCT IMAGES.

INDEMNIFICATION

You shall indemnify and hold harmless Jane, its affiliates and officers and directors, and its and their respective successors, assigns, heirs, executors, administrators, and personal representatives from and against any and all actions, causes of action, damages, claims, liabilities, obligations, costs, losses, expenses, and demands whatsoever, which arise from or relate to (i) any claim that the Seller products infringe, misappropriate, or otherwise violate the intellectual property, publicity, or other rights of any third party; or (ii) your breach of any representation, warranty, or obligation applicable to you under this Agreement.

LIMITATION OF LIABILITY

IN NO EVENT WILL JANE BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY DAMAGES BASED ON LOST PROFITS, BUSINESS, OR DATA, WHETHER IN CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, UNDER OR IN RELATION TO THIS AGREEMENT OR IN CONNECTION WITH THE SERVICES, SITE, OR PRODUCT IMAGES, EVEN IF JANE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT WILL JANE’S CUMULATIVE LIABILITY UNDER OR IN RELATION TO THIS AGREEMENT, THE SERVICES, THE SITE, AND/OR THE PRODUCT IMAGES EXCEED AT ANY TIME THE FEES PAID BY YOU FOR THE SERVICES HEREUNDER.

ARBITRATION; JURY WAIVER; CLASS ACTION WAIVER

Please read this section carefully. It impacts the rights that you may otherwise have. It provides for resolution of most disputes through individual arbitration instead of trial courts and class actions. This “Arbitration; Jury Waiver; Class Action Waiver” section survives any expiration or earlier termination of these Terms.

Informal Dispute Resolution. As a condition precedent which must be satisfied prior to initiating any arbitration or other action against the other party, both you and Jane agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on www.jane.com, the Site, or any Jane mobile application, the Services, or the breach, enforcement, interpretation, or validity of this Agreement ("Claim"), the party asserting the Claim must first try in good faith to settle such Claim by providing written notice, by first class or registered mail, to the other party describing the facts and circumstances (including any supporting documentation) of the Claim. The party asserting the Claim must allow the receiving party 30 days in which to respond to or settle the Claim.

For purposes of this section, notices must be sent as follows:
• If to Jane: to Jane LLC, Attn: Legal/Compliance, 3401 N. Thanksgiving Way, Ste. 300, Lehi, UT 84043, with a copy emailed to legal@jane.com
• If to you: to your last-used billing address or the billing and/or shipping address listed in your Studio Jane Account
Arbitration. To the extent you cannot resolve any Claim through the informal dispute resolution procedure set forth above, and except as otherwise set forth herein, a Claim must be resolved through binding individual arbitration. You agree to give up your right to go to court to assert or defend your rights under this Agreement and with respect to any Claim. You and Jane each expressly delegate to the arbitrator the authority to determine the arbitrability of any Claim, including the scope, applicability, validity, and enforceability of this arbitration provision.

To begin an arbitration proceeding, you must send a written request to Jane at: Jane LLC, Attn: Legal/Compliance, 3401 N. Thanksgiving Way, Ste. 300, Lehi, UT 84043, with a copy emailed to legal@jane.com. You agree that the arbitration will be conducted by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (“AAA Rules”), as modified by this Arbitration Agreement. The AAA Rules are available on the AAA’s website www.adr.org, or by calling the AAA at (800) 778-7879. In accordance with the AAA Rules, you must also send a copy of your written demand for arbitration to AAA when submitting your request to Jane. In the event that the AAA is unable or unwilling to initiate arbitration within fourteen (14) days of receiving a demand for arbitration, arbitration may be conducted by JAMS, Inc. (in accordance with its Streamlined Arbitration Rules & Procedures) or by any other mutually agreeable arbitration administration service. You and Jane each agree that this Agreement evidences a transaction in interstate commerce and that this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law and will not be governed by state law. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. The arbitration will be conducted in the English language. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief to the extent required to satisfy your individual claim, and must follow and enforce this Agreement as a court would. Any arbitration shall be confidential, and neither you nor Jane may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction.

In lieu of arbitration, and notwithstanding anything in this section to the contrary, either you or Jane may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, but only if it is brought and maintained as an individual claim. Additionally, and notwithstanding anything herein to the contrary, nothing in this section shall prohibit you or Jane from seeking temporary injunctive relief in a court of competent jurisdiction to prevent an imminent or stop an actual breach of this Agreement.

Class Action and Jury Waiver. YOU AND JANE EACH AGREE THAT ANY PROCEEDING, WHETHER IN ARBITRATION OR IN COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. IF A COURT OR ARBITRATOR DETERMINES IN AN ACTION BETWEEN YOU AND JANE THAT THIS CLASS ACTION WAIVER IS UNENFORCEABLE, THE ARBITRATION AGREEMENT SET FORTH ABOVE WILL BE VOID AS TO YOU. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AND WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.

GOVERNING LAW

Any dispute arising from these Terms or your access to or use of the Service, Product Images or Site will be governed by and construed and enforced in accordance with the laws of Utah, without regard to conflict of law rules or principles. The United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts located in Salt Lake County, Utah.

MISCELLANEOUS

Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is held by an arbitrator or court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent possible, and the remaining provisions of these Terms will continue in full force and effect. The Agreement constitutes the sole and entire agreement between you and Jane with respect to the Services, Site, and Product Images and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.

For more information or other questions, please contact studiojanesupport@jane.com or review our FAQ page.