Terms of Service
Current policy effective as of June 1st, 2020
By using the Site, you are indicating to us that you agree to these Terms as they are written here. If you do not agree to these Terms, please do not use the Site. If you have any questions about the Terms, please contact us at firstname.lastname@example.org
The Site allows you to learn about and to purchase Frame Center frames, artwork, printed materials, wall decor items and other products (collectively, “Products”).
We may change, suspend, or discontinue any aspect of the Site at any time, including availability of the Site or of any Product or feature, without notice or liability.
If we offer any Products through other authorized distribution channels, such as third-party sellers and websites; the terms, conditions, and policies applicable to those other sellers and will apply, and those may be different than these Terms.
I. Electronic Communications
By visiting the Site and/or communicating with us by email or by chat via the Site, you are communicating with us electronically and agreeing that we may communicate with you electronically (including by email, chat on the Site, notices posted to the Site, and possibly other means as well). You agree that all such electronic communications (including all notices, disclosures, warranties, and agreements) satisfy any legal requirement that such communication be “in writing.”
III. You Must Be Over the Age of 13 To Use The Site
You may not use the Site unless you are over the age of 13.
If you purchase a Product via the Site on behalf of another person or organization, then by doing that you represent and warrant to us that you have the right and authority to do so and to bind that other person or organization to these Terms.
IV. Content & Intellectual Property
You may not copy or use any of the Content and Intellectual Property of or on the Site without our prior written authorization. Content means all of the visual, audio-visual, and written information displayed on the Site, including all graphics, photographs, drawings, designs, iconography, animation, videos, and writing (collectively, “Content”). All Content on the Site is the property of Frame Center and/or third parties with whom Frame Center has a relationship, and all Content may be protected by one or more applicable intellectual property laws, including without limitation copyright, right of publicity, trademark laws.
The source code and compilation of this Site are likewise the exclusive property of Frame Center and protected by applicable intellectual property laws. You are not authorized to use such source code for any purpose other than the ordinary use of the Site.
All trademarks, service marks, trade names, trade dress, and other branding devices (collectively, “Marks”) that appear on the Site are the exclusive property of Frame Center and are protected by applicable intellectual property laws. In some cases, we may display Marks that are owed by third parties with whom we have a relationship. You may not display or use the Frame Center Marks (or Marks of third parties displayed on the Site) without our prior written authorization (or prior authorization from the applicable third party).
If you are a member of the press, you may use the Content included on the Site without our prior written authorization, but only for legitimate, accurate, non-commercial reporting purposes that are not likely to cause confusion as to the source, sponsorship and/or affiliation of Frame Center or Frame Center’s Products.
Please contact us at email@example.com if you have questions about our Content or intellectual property, including whether we are willing to authorize your use of the same.
V. Purchasing Products
We will display on the Site the current prices for all Products available for purchase via the Site. The prices do not include applicable taxes and fees that we are legally required to charge you. We will inform you about any such taxes and/or fees before you are able to complete a purchase order. For example, certain jurisdictions require us to charge and remit separate sales tax amounts based on your state or county. We will also inform you about any applicable shipping charges before you are able to complete an order. Many of our Products do not carry additional shipping charges, but we reserve the right to charge shipping based on the quantity and overall dimensions of the Products you purchase and the shipping destination.
The Site currently uses one or more third parties to process payments that you authorize in connection with purchasing Products. We will inform you of the methods of payment that our third party payment processors permit while you are placing your order.
All amounts listed and monetary transactions on and via the Site are in U.S. dollars.
VI. Return Policy and Other Refunds
Our goal is to help you on your current printing or framing project, and many more to come. If your print or frame shows up with any defects or you’re not completely satisfied, let us know immediately and we will do our best to make it right. If any Product arrives with visible defects in craftsmanship, or the frame was not made to fit the specifications you provided during your order, we will replace the Product(s) entirely or offer a refund provided you let us know about any issue within 60 days of receiving the Product(s). You may cancel an order if you are able to communicate the cancellation to us before the Products in the order are in production (typically within 48 hours). If the order has already been put into production or completed, cancellations are subject to a 30% cancellation fee. Due to the custom nature of our Products, we cannot accept returns or provide refunds if the Products arrive as ordered and without any visible defects.
VII. Truthful Communications
You promise that all of the information that you provide to Frame Center when communicating with us via the Site and/or otherwise, and when purchasing Products from us, will be true, accurate, current, and complete. We are not responsible for problems that you encounter as a result of false, inaccurate, outdated, or incomplete information that you provide to us. For example, when you purchase a Product via the Site, we will ship that Product to the address that you provided while completing your order. If that address is incorrect, you may experience problems with your purchase for which we will not be responsible
VIII. Messenger and Courier Services
If you purchase certain Products from Frame Center you may have the option of scheduling a messenger or courier service pick up items for the purposes of sending them to Frame Center for framing, or using a courier service to ship finalized frames and other Products back to you. This option will be dependent on your zip code and is not available in all areas. Messenger pickups are generally free of charge, but Frame Center reserves the right to charge you an additional shipping charge based on your location or the items that are being transported. If you have questions about our messenger or courier services, please contact us at firstname.lastname@example.org.
IX. Transportation of Artwork or Photographs
As part of delivering our printing and framing services, you may elect to send us artwork, prints, photos, textiles, trading cards, jerseys, albums and other items for us to frame. Upon framing any items that have been provided to us, we will send them back to you by USPS, FedEx, UPS, courier service or other means of transport. If any of the items you are considering framing are valuable or irreplaceable, please do not send them to us. It is extremely rare that items shipped to or from Frame Center are lost or irreversibly damaged in transit, but there does exist risk of this occurring. You may inquire about adding insurance to any shipment to or from Frame Center containing your items, and we will provide quotes to the best of our ability. Note that the final decision to send us anything rests with you, and the liability for any damage or loss of such items will be subject to any insurance purchased or in place by default with the carrier in question. If Frame Center is responsible for arranging shipment of your items, and loss or damage of your items occurs for which we are responsible, we will reimburse you for such damage or loss based on the vale of your items up to a maximum of $300 per order.
X. Discounts and Credits
You are welcome to sign up for a Frame Center Account, which may give you special access to certain Frame Center Products and enrollment in our Rewards Program. As part of the Rewards Program, you will be eligible to earn Frame Center Credits (“Credits”) that can be used towards purchase of any of our Products. Any Credits in your account will appear at checkout, and can only be redeemed as part of a completed order on the Site. There are various ways to earn Credits, each of which will be communicated clearly once you are signed into your Account. Credits in your account will never expire. You are only allowed one Frame Center Account per person. If we determine that you have signed up for multiple accounts in order to accumulate additional Credits, we reserve the right to remove such additional credits and cancel your Account.
Frame Center generally does not offer temporary discounts or special deals to the public. However, from time to time, we may offer special purchase terms on a very limited basis to persons, groups, or organizations with which we have a special business or philanthropic relationship. Any such special purchase terms may be subject to rules, terms, and conditions that are different than or in addition to these Terms.
XI. Photos You Submit to Frame Center for Printing
Any materials you submit, including, without limitation, photographs, videos, images, text, graphics and other materials (collectively, “User Submitted Materials”) for us to print or reproduce as part of delivering the Products are subject to the following terms:
You will retain ownership of all User Submitted Materials, and you grant us a worldwide, non-exclusive, transferable, royalty-free, perpetual irrevocable right and license, to use, reproduce, create derivative works of and publicly display such User Submitted Materials solely in connection with the production or provision of the Products you request, or to show you how your User Submitted Materials would appear in our Products. For example, when you place an order for a Product, we will prepare and transmit the User Submitted Materials for production, packaging and shipment.
You represent and warrant that you own or otherwise possess all necessary rights with respect to the User Submitted Materials, and that the User Submitted Materials do not and will not infringe, misappropriate, use or disclose without authorization or otherwise violate any copyright, trade secret right or other intellectual property or other property right of any third party. We reserve the right to cancel your order and not produce the Products for you if the User Submitted Materials are considered unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable.
XII. Other Content You Submit to Frame Center
From time to time, Frame Center may allow you to submit or post reviews, comments, photos or videos featuring the Products, or similar content or materials on the Site (collectively, “Postings”). We welcome your Postings as long as they are appropriate. We reserve sole and complete discretion over whether to allow or display, and how to use, all Postings. By submitting a Posting to us (via the Site or otherwise), you grant Frame Center a perpetual, worldwide, unlimited, fully assignable, royalty-free and fully-paid-up right and license to reproduce, distribute, publicly display, transmit, communicate to the public, publicly perform, create derivative works based upon, and otherwise use and exploit (collectively, “Use”) such Posting through any means or method now or not yet in existence. The foregoing right and license includes a royalty-free license to Use the name, image, photograph and/or likeness of any person depicted in or identifiable from any Posting. Further, by submitting a Posting to Frame Center (via the Site or otherwise), you promise to Frame Center that you possess all legal rights, authorizations, and/consents or releases necessary to grant Us the foregoing rights in your Posting, your Posting does not infringe, misappropriate, or violate any legal rights of any other person or organization party or entity, and Frame Center has no obligation to monitor Postings to the Site or verify their accuracy. However, we reserve the right to maintain full control over all aspects of the Site, including all Postings, and we may remove, delete, redact, or otherwise modify any Posting at any time, for any reason, with or without notice or further obligation to you. If you do not agree with these terms, please do not submit a Posting.
XIII. Limited License and Site Access
You are allowed to use the Site only for your lawful personal use (or personal use on behalf of a third party). You may not use the Site to do or to facilitate any of the following things (or otherwise to violate any laws or legal rights of anyone else):
- Copy, imitate, mirror, distribute, publish, download, publicly display, publicly perform, post or transmit any of the Content in any manner or format, and through any means now known or later developed.
- Resell any Frame Center Products or display or describe Frame Center Products for commercial or competitive purposes, or in a false, misleading, or disparaging light.
- Commit fraud or other dishonest act, including by seeking refunds or other compensation or benefits for Product orders that are not legitimate, or about which you are not being completely truthful in your communications with us.
- Make commercial use of any Content or any Product available on the Site.
- Modify, adapt, translate, reverse engineer, decompile, disassemble or convert into human readable form any of the source code / HTML code underlying the Site.
- Use any automated software or tools that are designed to extract and copy data (such as bots, spiders, crawlers, or other similar data-mining, data-gathering, or data-extraction methods) on the Contents of, or source code /
- HTML code underlying, the Site.
- Collect any information about users of the Site.
- Attempt to interfere with, disrupt, reverse-engineer, steal from, or gain unauthorized access to, any of the software, technology, or equipment that supports the Site;
- Impersonate another person, or misrepresent your affiliation, with a person or entity;
- Post advertising or marketing links or content;
- Access the Site from anywhere in the world where it is unlawful for you to do so.
XIV. Digital Millennium Copyright Act
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides procedures for copyright owners to follow if they believe in good faith that material appearing on the Internet infringes their rights under U.S. copyright law. If you have such a good faith belief with respect to any content posted on the Site, you or your agent should contact Frame Center in a writing clearly identified as a “Notification of Claimed Infringement.” That writing should describe the alleged infringement and request that the allegedly infringing content be removed (or that access to it be blocked). A “Notice of Claimed Infringement” must include the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;
Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works);
Identification of the specific material alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Frame Center to locate the material on the Site;
Your name, address, telephone number, and e-mail address (to the extent available);
A statement that you have 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; and
A statement that the information in the notification is 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.
If you believe in good faith that a notice of copyright infringement has been improperly filed against you, the DMCA permits you to send Frame Center a counter-notice describing why you have that belief.
Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details.
Notices and counter-notices with respect to the Site should be sent to [email@example.com]. We recommend that you obtain professional legal advice before filing a notice or counter-notice under the DMCA. The DMCA imposes penalties for false claims made under it.
Frame Center is not responsible for any dispute or disagreement between you and any other person or entity with whom you may communicate or interact via or while using the Site. You assume all risk associated with dealing with such third parties. You release and shall hold harmless Frame Center from and against all claims, injuries, demands, and exposures of any kind arising out of or relating to any such dispute or disagreement, and promise not to involve Frame Center in such dispute.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SITE IS AT YOUR SOLE RISK, AND OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND (B) EXCEPT FOR OUR RETURNS AND REFUNDS POLICY, FRAME CENTER (INCLUDING ITS EMPLOYEES, OFFICERS, AGENTS, AND ADVISORS) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO THE SITE (AND PRODUCTS OR SERVICES AVAILABLE VIA THE SITE), IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
FRAME CENTER EXPRESSLY DISCLAIMS ANY GUARANTEES THAT THE SITE WILL MEET YOUR EXPECTATIONS OR NEEDS, THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT THE NATURE, QUALITY, OR QUALITIES OF ANY PRODUCTS WILL MEET YOUR EXPECTATIONS OR NEEDS.
XVI. Limitation on Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT FRAME CENTER WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FRAME CENTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY OF THE FOLLOWING:
- YOUR USE, OR INABILITY TO USE, THE SITE
- THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE SITE
UNAUTHORIZED ACCESS TO OR ALTERATION OF DATA OR INFORMATION THAT YOU PROVIDE TO US VIA THE SITE OR OTHERWISE
- STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON OR INVOLVING THE SITE
- YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US OR THIRD PARTIES ON OR VIA THE SITE
- ANY OTHER CIRCUMSTANCES ARISING OUT OF OR RELATING TO THE SITE
- SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU. TO THE FULLEST EXTENT POSSIBLE BY LAW, FRAME CENTER’s MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SITE OR YOUR USE OF FRAME CENTER CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED THE PRICE THAT YOU PAID FOR ANY PRODUCT(S) PURCHASED VIA THE SITE OR $50, WHICHEVER IS GREATER.
- NOTE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION DO NOT APPLY TO NEW JERSEY RESIDENTS.
XVII. Dispute Resolution; Choice of Law; Mandatory Arbitration
We hope and expect that we will never have a dispute with you. If you have an issue with an order or any Products purchased, we can usually resolve it over email, online chat or phone. However, if a dispute, claim, or controversy arises out of or relating to these Terms (including an alleged breach or the termination, enforcement, interpretation, or validity thereof), the Site, or your purchase of Products or use of any service available via the Site, the following rules and procedures shall apply.
A. Informal Dispute Resolution. You and Frame Center each agree that you will try in good faith to resolve such Dispute informally. If you wish to initiate this informal process, you should send a notice clearly marked “Notice of Dispute,” and containing a brief written statement setting forth your name, address, and contact information, the facts giving rise to your Dispute, and the relief you are seeking. You must send any such notice to Frame Center at firstname.lastname@example.org. We will contact you via email at the address specified in any such notice or the physical address we have on file relating to any Product order you placed with us. You and Frame Center agree to use reasonable, good faith efforts to settle any Dispute through consultation, communication, and negotiations within thirty (30) days of your submission of such notice. If a Dispute is not resolved within thirty (30) days of such submission, you or Frame Center may resort to the procedures described in the remainder of this section. If we have a Dispute with you, we will follow the same process, except that we will initiate the process by sending the “Notice of Dispute” to you via email at the address specified in any such notice or the physical address we have on file relating to any Product order you placed with us.
B. Mandatory Arbitration. In the event that you and Frame Center are unable to resolve a Dispute through informal discussions within thirty (30) days of the “Notice of Dispute” (as described above), we both agree to resolve such Dispute through final and binding arbitration, except as set forth under “Exceptions” below, and unless you have opted-out of this agreement to arbitration by following the procedure described below.
Opt-out of Agreement to Arbitrate
You can decline this agreement to arbitrate within thirty (30) days of your first use of the Site or the date on which you purchased a Frame Center Product (whichever is later) by contacting email@example.com in writing (including via email) clearly marked “Opt-out of Agreement to Arbitrate” that states that you decline this arbitration agreement.
If you do not opt out, you and Frame Center each agree to submit to the personal and exclusive arbitration of any disputes arising out of or relating to your use of the Site under the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (“AAA”). The AAA Rules and fee information are available at www.adr.org or by calling the AAA at 1-800-778-7879.
The arbitration shall be held in the United States county where you live or work, or in Plymouth, MA, unless you and Frame Center otherwise agree in writing. You may not, and you promise not to, initiate any legal action or proceeding against Frame Center (including its employees, officers, agents, and advisors) in any other forum or location.
Frame Center will pay all filing and arbitration fees for claims of less than $25,000 unless the arbitrator determines that a claim is frivolous or was brought in bad faith or for an improper purpose. You are responsible for any other costs that you may incur in connection with the arbitration, including but not limited to attorney’s fees and expert witness costs, unless Frame Center is otherwise specifically required to pay such fees under applicable law. For claims that total more than $25,000, the AAA Rules shall govern payment of filing fees and arbitration fees. You and Frame Center agree not to seek attorneys’ fees and costs in arbitration, unless the arbitrator determines that a claim is frivolous or was brought in bad faith or for an improper purpose.
You agree that you may resolve any Dispute with us only on an individual basis, and that you may not bring any claim or demand as a plaintiff of, or otherwise participate as part of, any purported class, consolidated, or representative action or proceeding. Further, unless you and Frame Center otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class, consolidated or representative proceeding. You therefore acknowledge and understand that each of the following restrictions applies to any Dispute you have with Frame Center (including its employees, officers, agents, and advisors) arising out of or relating to your use of the Site, purchase of any Products, or these Terms:
YOU AND FRAME CENTER ARE EACH GIVING UP THE RIGHT TO A JURY TRIAL
YOU ARE GIVING UP YOUR RIGHT TO BRING A CLAIM IN A REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE
If any court or arbitrator determines that the class, consolidated, or representative action waiver set forth in this section is void or unenforceable for any reason or that arbitration may proceed on a class, consolidated, or representative basis, then the Dispute will not be subject to arbitration and, other than small claims actions, must be brought in a federal or state court of competent jurisdiction in New York, New York. You and Frame Center each irrevocably consent to venue and personal jurisdiction there and waive all objections to venue or personal jurisdiction there (except for objections based on failure of service of process). You and Frame Center also each agree to waive our right to a jury trial in these circumstances.
C. Exceptions. Either you or Frame Center may bring a lawsuit for injunctive relief to prevent and/or to stop (1) unauthorized use or abuse of the Site, (2) defamation, libel, or other false or misleading statements, or (3) any actual or threatened intellectual property infringement or unfair competition without first engaging in the informal dispute resolution and arbitration processes described above.
D. Choice of Law. These Terms and the relationship between you and Frame Center shall in all cases be governed by the laws of the State of New York without reference or recourse to its choice of law or conflicts of laws principles.
XVIII. Your Feedback
We welcome your comments, suggestions, and ideas about the Site, but we have no obligation to review, agree with, or implement them. In addition, please understand that we retain sole and complete discretion to use, disclose, disseminate, publish, and publicly display anything you send us (including your ideas, suggestions, inventions or content) without paying or otherwise compensating you or anyone else. If you do not wish to grant us those rights, please do not send us anything without first contacting and discussing the matter with firstname.lastname@example.org.
XIX. Our Right to Change or Update these Terms
We may review these Terms periodically to ensure that they comply with applicable law and remain consistent with our Products and operations. We therefore reserve the right to update and revise these Terms at any time without specific or direct notice to you. We intend to change the “Current Policy effective as of ___” date at the top of these Terms each time we revise these Terms, but please contact email@example.com if you have questions about whether we have changed or updated any of the Terms or about which version of the Terms applies to you. You may wish review these Terms regularly to ensure that you are aware of any changes or updates. Although it’s highly doubtful we will ever have reason to do so, we reserve the right, in our sole and complete discretion, to terminate your access and ability to use the Site or a Frame Center Account without notice or attendant liability. Upon termination, these Terms will still apply.
XX. Waiver and Severability
Our failure partially or fully to exercise any of our rights, or our waiver of any violation of these Terms, shall not prevent our later exercise of such right and shall not constitute or indicate our waiver of any subsequent breach. Our rights and remedies under these Terms and any other applicable agreement between you and us shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.Additionally, if any part or section of these Terms is determined to be invalid, void, or unenforceable for any reason, only that part or section will be severed. Such severing shall not affect the continuing validity and enforceability of the remaining parts or sections.
XXI. Entire Agreement
These Terms constitute the entire agreement between you and Frame Center with respect to the Site and supersede all prior or contemporaneous communications relating to the Site. Any rights not expressly granted herein are reserved.