The goal of this web site is to provide access to our wide selection of floral and
gift products to as wide an audience as possible. To ensure a safe, pleasant environment
know what you can expect from us and what we expect from you. By accessing any areas
of JanesRoses.Com, you agree to be legally bound and to abide by the terms set forth
Disclaimers and Limitation of Liability
YOU EXPRESSLY AGREE THAT USE OF JANESROSES.COM IS AT YOUR SOLE RISK. YOU MUST BE
18 YEARS OR OLDER TO REGISTER AS A MEMBER. NEITHER THE COMPANY, NOR ITS AFFILIATES,
NOR ANY OF ITS OFFICERS, DIRECTORS, OR EMPLOYEES, AGENTS, THIRD-PARTY SERVICE OR
CONTENT PROVIDERS ("PROVIDERS"), MERCHANTS ("MERCHANTS"), SPONSORS ("SPONSORS"),
LICENSORS ("LICENSORS"), OR THE LIKE (COLLECTIVELY, "ASSOCIATES"), WARRANT THAT
JANESROSES.COM WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY
AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF JANESROSES.COM, OR AS TO
THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION CONTENT, SERVICE, OR MERCHANDISE
PROVIDED THROUGH JANESROSES.COM; EXCEPT THAT THE COMPANY DOES GUARANTEE (THROUGH
ITS "100% SATISFACTION GUARANTEE") THAT YOUR FLORAL ARRANGEMENT WILL STAY FRESH
FOR SEVEN DAYS AFTER DELIVERY, AND IF IT DOES NOT, THE COMPANY'S SOLE MAXIMUM LIABILITY
WILL BE NOT MORE THAN TO REFUND THE PURCHASE PRICE OR TO REPLACE AND DELIVER AN
EQUIVALENT FLORAL ARRANGEMENT AS SOON AS REASONABLY PRACTICABLE.
JANESROSES.COM IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS AND THE COMPANY SPECIFICALLY
DISCLAIMS WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT
LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE. NO ORAL ADVICE OR WRITTEN OR ELECTRONICALLY DELIVERED
INFORMATION GIVEN BY THE COMPANY OR ITS AFFILIATES, OR ANY OF ITS OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS, PROVIDERS, MERCHANTS, SPONSORS, LICENSORS, OR THE LIKE, SHALL
CREATE ANY WARRANTY.
UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ANY OTHER PARTY INVOLVED IN CREATING,
PRODUCING, OR DISTRIBUTING JANESROSES.COM BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS THAT
RESULT FROM THE USE OF OR INABILITY TO USE JANESROSES.COM, INCLUDING BUT NOT LIMITED
TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM JANESROSES.COM OR THAT RESULT
FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS,
VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER
OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR
UNAUTHORIZED ACCESS TO THE COMPANY'S RECORDS, PROGRAMS, OR SERVICES. YOU HEREBY
ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES
AVAILABLE THROUGH JANESROSES.COM. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES
LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
You acknowledge that JanesRoses.Com contains information, data, software, photographs,
graphs, videos, typefaces, graphics, music, sounds, and other material (collectively
"Content") that are protected by copyrights, trademarks, or other proprietary rights,
and that these rights are valid and protected in all forms, media and technologies
existing now or hereinafter developed. All Content is copyrighted as a collective
work under the U.S. copyright laws, and the Company owns a copyright in the selection,
coordination, arrangement, and enhancement of such Content. You may not modify,
remove, delete, augment, add to, publish, transmit, participate in the transfer
or sale of, create derivative works from, or in any way exploit any of the Content,
in whole or in part. If no specific restrictions are displayed, you may use the
content only for your personal non-commercial use and make copies of select portions
of the Content, provided that the copies are made only for your personal use and
that you maintain any notices contained in the Content, such as all copyright notices,
trademark legends, or other proprietary rights notices. Except as provided in the
preceding sentence or as permitted by the fair use privilege under the U.S. copyright
laws (see e.g. 17 U.S.C. Section 107), you may not upload, post, reproduce, or distribute
in any way Content protected by copyright, or other proprietary right, without obtaining
permission of the owner of the copyright or other propriety right. In addition to
the foregoing, use of any software Content shall be governed by the software license
agreement accompanying such software.
Distribution/Uploading of Third Party Content
Except as set forth in the section above entitled "Proprietary Rights," you may
upload to or otherwise distribute on JanesRoses.Com only Content that is not subject
to any copyright or other proprietary rights protection of any third party (collectively,
"Public Content"), or Content in which the author has given express authorization
for distribution on the World Wide Web. Any copyrighted or other proprietary Content
distributed with the consent of a copyright owner should contain a phrase such as
"Copyright, owned by [name of owner]; used by permission." The unauthorized submission
or distribution of copyrighted or other proprietary Content is illegal and could
subject you to criminal prosecution as well as personal liability for damages in
a civil suit. You, not the Company, nor its affiliates, nor any of its officers,
directors, employees, agents, Merchants, Providers, Sponsors, Licensors, or the
like, will be liable for any damage resulting from any infringement of copyrights
or proprietary rights, or from any other harm arising from such submission. By submitting
Content to any user, you automatically grant, or warrant that the owner of such
Content has expressly granted the Company the royalty-free, perpetual, irrevocable,
nonexclusive right and license to use, reproduce, publish, translate, sublicense,
copy, modify, adapt, creat derivative works from and distribute the Content in whole
or in part worldwide and/or to incorporate it in other works in any form, media,
or technology now known or hereafter developed for the full term of any copyright
that may exist in such Content. You also permit any other user to access, store,
or reproduce the Content solely for that user's personal use. Subject to this grant,
the owner of Content placed on JanesRoses.Com retains any and all rights which may
exist in such Content.
JanesRoses.Com respects the rights of all copyright holders and in this regard it
has adopted and implemented a policy that provides for the termination in appropriate
circumstances of users who infringe the rights of copyright holders. If you believe
that your work has been copied in a way that constitutes copyright infringement,
please provide JanesRoses.Com's Copyright Agent the following information required
by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium
Copyright Act, 17 U.S.C. 512:
- A physical or electronic signature of a person authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed.
- Identification of the copyright work claimed to have been infringed, or, if multiple
copyrighted works at a single online site are covered by a single notification,
a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject
of infringing activity and that is to be removed or access to which is to be disabled,
and information reasonably sufficient to permit us to locate the material.
- Information reasonably sufficient to permit us to contact the complaining party.
- A statement that the complaining party has a good faith belief that use of the material
in the manner complained of is not authorized by the copyright owner, its agent,
or the law.
- A statement that the information in the notifications accurate, and under penalty
of perjury, that the complaining party is authorized to act on behalf of the owner
of an exclusive right that is allegedly infringed.
Third Party Content
The Company is a distributor and not a publisher of the Content supplied by third
parties and you. The Company does not have editorial control over such Content.
Any opinions, advice, statements, services, offers, or other information that constitutes
part of the Content expressed or made available by third parties, including Providers,
Merchants, Sponsors, Licensors, or any other user of JanesRoses.Com, are those of
the respective authors or distributors and not of the Company or its affiliates
or any of its officers, directors, employees, or agents.
NEITHER THE COMPANY NOR ITS AFFILIATES, NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES,
OR AGENTS, NOR ANY THIRD PARTY, INCLUDING ANY PROVIDER, MERCHANT, SPONSOR, LICENSOR,
OR ANY OTHER USER OF JanesRoses.Com, GUARANTEES THE ACCURACY, COMPLETENESS, OR USEFULNESS
OF ANY CONTENT, NOR ITS MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
In many instances, the Content available through JanesRoses.Com represents the opinions
and judgments of the respective Provider, Merchant, Sponsor, Licensor, or user not
under contract with the Company. The Company neither endorses nor is responsible
for the accuracy or reliability of any opinion, advice, or statement made on JanesRoses.Com
by anyone other than authorized Company employees. Under no circumstances shall
the Company, or its affiliates, or any of its officers, directors, employees, or
agents be liable for any loss or damage caused by your reliance on information obtained
through JanesRoses.Com. It is your responsibility to evaluate the information, opinion,
advice, or other Content available through JanesRoses.Com
The Company's Rights
The Company may elect, but is not obligated, to electronically monitor areas of
JanesRoses.Com and may disclose any Content, records, or electronic communication
of any kind and information you provide to JanesRoses.Com (i) when we believe disclosure
to be appropriate to comply with any law, regulation, or government request or to
comply with judicial process; or (ii) if such disclosure is necessary or appropriate
to operate this site; or (iii) to protect the rights or property of the Company,
its users, Sponsors, Providers, Licensors, or Merchants. The Company is not responsible
for screening, policing, editing, or monitoring such Content. Subject to the provisions
above under "Copyright Agent", if notified of allegedly infringing, defamatory,
damaging, illegal, or offensive Content, the Company may investigate the allegation
and determine in its sole discretion whether to remove or request the removal of
such Content from JanesRoses.Com.
The Company reserves the right to prohibit or remove conduct, communication, or
Content that it deems in its sole discretion to be harmful to customers, members,
users, content or service providers the Company or its affiliates, or any rights
of the Company or any third party, or to violate any applicable law. Notwithstanding
the foregoing, neither the Company nor its Providers, Merchants, Sponsors, or Licensors
can ensure prompt editing or removal of questionable Content after online posting.
Accordingly, neither JanesRoses.Com, nor its affiliates, nor any of its officers,
directors, employees, or Agents, nor Provider, Merchant, Sponsor, or Licensor shall
assume liability for any action or inaction with respect to conduct, communication,
or Content on JanesRoses.Com.
Any conduct by you that in the Company's sole discretion restricts or inhibits any
other user from using or enjoying JanesRoses.Com will not be permitted. You agree
purposes. You are prohibited from posting on or transmitting through JanesRoses.Com
any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene,
sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable
material of any kind, including but not limited to any material that encourages
conduct that would constitute a criminal offense, give rise to civil liability,
or otherwise violate any applicable local, state, national, or international law.
You agree not to use any false e-mail address, impersonate any person or entity,
or otherwise mislead as to the origin of a card or other Content, or attempt to
do any such acts.
You agree that you will not use JanesRoses.Com to send unsolicited advertising,
promotional material, or other forms of solicitation to other users, except in specified
areas, if any, that are specifically designated for such a purpose.
affiliates its Providers, Merchants, Sponsors and Licensors, and each shall have
the right to assert and enforce such provisions directly or on its own behalf.
Public and Private Communications
The Company does not screen public communications on the site by its users in advance.
The Company is not responsible for your submissions or responses. Any product concept
or ideas submitted by you to JanesRoses.Com will be considered public and nonproprietary.
The Company will not be responsible for any claims to intellectual property if those
concepts or ideas are used in promotions, marketing or product concepts. The Company
reserves the right to remove any Content that it deems in its sole discretion to
At the Company, we recognize and respect the importance of maintaining the privacy
what information we collect, how we collect it, what we use the information for
and how you can instruct us if you prefer to limit the use of that information.
click below: Security and Privacy
You agree to indemnify, defend and hold harmless the Company and its Associates
from and against any and all liability, claims, costs and expenses (including without
limitation reasonable legal fees and expenses), alleging or resulting from your
use (or use by any third party using your account) of JanesRoses.Com in violation
Termination of Usage
The Company may terminate your access, or suspend your access to all or part of
JanesRoses.Com, without notice, for any conduct that JanesRoses.Com, in its sole
discretion, believes is in violation of any applicable law or is harmful to the
interests of another user, a third-party Provider, Merchant, Sponsor, Licensor,
content or service provider, or the Company.
JanesRoses.Com is controlled by the Company from its offices within the United States
of America. The Company makes no representation that Content in the site are appropriate
or available for use in other locations, and access to them from territories where
their content is illegal is prohibited. Those who choose to access this site from
other locations do so on their own initiative and are responsible for compliance
with applicable local laws. You may not use or export the Content in violation of
U.S. export laws and regulations. Any claim relating to this site, the services
provided through this site or the Content shall be governed by the internal substantive
laws of the State of California and the exclusive venue and jurisdiction for all
shall be the appropriate state or federal courts located in San Francisco county
in the State of California and you and we hereby submit to the exclusive jurisdiction
of these courts.
You may not use JanesRoses.Com to send unsolicited advertising, promotional material,
or other forms of solicitation to other users, except in specified areas, if any,
that are designated for such a purpose.
Acknowledgment and Changes
This Agreement represents the entire understanding between you and the Company regarding
your relationship with the Company and JanesRoses.Com and supersedes any prior statements
effective upon posting. By accessing JanesRoses.Com after changes are made to the
by the amended terms.