GENERAL TERMS AND CONDITIONS
Last Updated: April 3, 2018
Framafoto, Inc. provides software and imagery printing and custom framing services that allow its customers to have photos and digital art printed, custom framed and delivered. Visitors to the Framafoto mobile applications can also become registered users of Framafoto. The services offered by Framafoto Inc. (“Framafoto”, “Company”, “Us” or “We”) include the Framafoto website (the “Site), Our mobile applications for Your app-enabled mobile device and any other features, content, or services offered from time to time by Framafoto in connection with the Site or Apps (together with any materials and services available in connection therewith, and successor application(s), updates and upgrades thereto, the “Apps”). The Site and the Apps are referred to collectively herein as the “Service.” The Apple ID of the Framafoto app at the official Apple App Store is 1206304334.
II. TERMS AND CONDITIONS
In order to participate in or receive certain Services, You may be required to download software or content and/or agree to additional terms and conditions. Those additional terms are hereby incorporated into this Agreement. To the extent there is a conflict between the terms in this Agreement and the terms and conditions posted for a specific area of the Site or Apps or in connection with a Service, the latter shall have precedence with respect to Your use of that area of the Site, App or Service.
Please note that these Terms are subject to change by Framafoto in its sole discretion at any time; therefore, You should review Our policies, terms, and conditions each time You use the Service. We may, at any time and without liability, modify, interrupt or discontinue all or part of the Service (including access to the Service via any third-party links); charge, modify, or waive any fees required to use the Service; or offer opportunities to some or all Service users. Your continued use of the Site and Apps after We make any such changes constitutes Your binding acceptance of those changes. We may change this Agreement by notifying You of such changes by any reasonable means, including by posting a revised Agreement on the Site and Apps, and/or by sending to You a notice of the revised Agreement by email. We will also update the “Last Updated” date at the top of these Terms of Service. Any changes to this Agreement will not apply to any dispute between You and us arising prior to the date on which We posted the revised Agreement incorporating such changes, or otherwise notified You of such changes. We reserve the right to introduce or change new features, designs or functionality for which (additional) payment of fees may be required. Framafoto may require You to provide consent to the updated Terms in a specified manner before further use of the Site or the Services is permitted. If You do not agree to any change(s) after receiving a notice of such change(s), You shall stop using the Site and/or the Services. Otherwise, Your continued use of the Site, Apps and/or Services constitutes Your acceptance of such change(s). Please regularly check the Site and Apps to view the then-current terms.
To access the App You do not have to register with us. Creating an account is optional. If You decide to create an account, the App either employs Facebook authentication for the creation of an account or email user registration. Framafoto may use Facebook as basis, meaning that should You wish to create an App account You can choose to use the same First and Last name, e-mail used for Your Facebook account, also for the creation of the App account. Also kindly note that the same profile picture as the one You use for Your Facebook account may appear as Your App profile picture. Please be informed that You do not have to have the Facebook App also installed on Your device in order to use the App. Having an active Facebook account will suffice. You do not have to have an Account to order Products. You must, however, only provide us with true, accurate, current and complete information for Your Account and/or Orders. We may reject, or require that You change, any username, password or other information that You provide to us in registering for any valid reason. Your email address and password are for Your personal use only and should be kept confidential; You, and not Company, are responsible for any use or misuse of Your email address or password, and You must promptly notify us of any actual or suspected confidentiality breach or unauthorized use of Your email address or password, or Your Service account of which You become aware. In no event and under no circumstances will Framafoto be held liable to You for any liabilities or damages resulting from or arising out of (1) any action or inaction of Framafoto under this provision, (2) any compromise of the confidentiality of Your Account or password, and (3) any unauthorized access to Your Account or use of Your password. You may not use anyone else’s Account at any time, without the permission of the Account holder. You agree not to register for more than one Account, register for an Account on behalf of an individual other than Yourself without such individual’s authorization, or register for an Account on behalf of any group or entity. You will not attempt to impersonate another User or person, including any employee of Framafoto. You will use the Services in a manner consistent with any and all applicable laws and regulations.
By using the Service, You represent and warrant that: (i) all required registration information You submit is truthful, complete and accurate; (ii) You will maintain the accuracy of such information, and will update the information if it changes; (iii) You are eighteen (18) years of age or older; (iv) You own or have the rights to submit User Submitted Content or other information you may submit through the Service; and (v) Your use of the Service does not violate any applicable law or regulation. Your Framafoto Account (the “Account”) may be deleted without warning for any reason in Framafoto’s sole discretion, including without limitation, if You post prohibited content or if We believe that You are younger than eighteen (18).
This Agreement shall remain in full force and effect at all times while You use or access the Services. You may request to delete Your Account at any time, for any reason by contacting Our support team at email@example.com. Framafoto may terminate Your account at any time for any reason, effective upon sending notice to You at the then-current email-address in Your account profile. You understand that termination of this Agreement and Your Account involves deletion of Your Framafoto profile information from Our live databases as well as any Content that You might have uploaded to the Site or Apps using such Account. Framafoto will not have any liability whatsoever to You for any termination of Your Account or related deletion of Your information.
III. TERMS OF SALE
These Terms of Service shall govern any Order (or portion of an order) You make through this App for Our Service and Products ( “Order”). Unless otherwise specified on the Site, orders through Our App are made through the following process:
1. You will select and customize Your Framafoto Product, with the customization tools provided in the App (the “Tools”).
2. The digital content that You submit / upload to Our servers, and wish to have printed and mounted in Your chosen Framafoto Product, is referred to herein as Your “User Submitted Content”.
3. After adding Your Framafoto Order to Cart, You will proceed to checkout where You will provide Your payment and delivery information.
4. Framafoto will print and custom frame Your User Submitted Content according to Your selections as set forth with the Tools in the App. The User Submitted Content and customized Framafoto Product that You have ordered for printing, custom framing and delivery is altogether referred to herein as Your “Order.” Please note that Framafoto may choose to not complete Your Order for any reason, including without limitation, if Framafoto believes that You do not have the proper ownership rights to reproduce the Content. In such case, Framafoto will cancel Your Order and refund any payments made by You.
5. Framafoto will fulfill Your Order using the customization specifications as set forth in Your Framafoto Order Confirmation email or otherwise to be found in ‘Order History’ under ‘My Account’ in the App. In the event that Framafoto is not able to complete Your Order for any reason, the Framafoto Support team will contact You via email.
6. Once the printing and custom framing of Your Order is complete, Framafoto will ship Your Order (the “Finished Product,” which constitutes a “Product” under these Terms) to the delivery destination as designated by You.
By placing an Order, You represent that the applicable Products will be used only in a lawful manner. Company reserves the right, including without prior notice, to limit the available quantity of or discontinue making available any Product; to impose conditions on the honoring of any coupon, discount, or similar promotion; to bar any user from making any Order; and to refuse to provide any user with any Product (including in connection with any Submission that Company, in its sole discretion, believes is in violation of this Agreement). Without limiting the foregoing, Company reserves the right to cancel any order that it deems, in its sole discretion, to include objectionable content or that may violate any of the terms of this Agreement, without any liability to You or any third party. In the event of any such cancellation, You will be refunded any amount actually received by Company for the canceled order, less any applicable fees. You agree to pay all charges incurred by You or on Your behalf through the Service, at the prices in effect when such charges are incurred, including all shipping and handling charges. In addition, You are responsible for any taxes applicable to Your Orders. While it is Our practice to confirm orders by e-mail, the receipt of an email order confirmation does not constitute Our acceptance of an order or Our confirmation of an offer to sell a product or service. Products will be shipped to an address designated by You, if applicable, so long as such address is complete and complies with the shipping restrictions contained on the Service. All Orders are made pursuant to a shipment contract and, as a result, risk of loss and title for physical Products pass to You upon delivery of such Products to the carrier (who is not affiliated with, or controlled by, Company) and, for electronic Products, risk of loss and title pass to You upon purchase of such Products. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
We make no representations as to the completeness, accuracy, or timeliness of Our Product listings, descriptions or images (including any features, specifications, and prices contained therein, or the accurate display of the details of Products on Your mobile device or computer screen). We make reasonable efforts to accurately display these attributes of Products, including the applicable colors, however the actual colors You see will depend on Your computer system, and We cannot guarantee that Your computer will accurately display such colors. Products displayed may be out-of-stock or discontinued, and prices are subject to change. We cannot confirm the price of an item until You place an Order. Such information and the availability of any Product (including the validity of any coupon or discount) is subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are for convenience only. It is Your responsibility to ascertain and obey all applicable local, state, federal, and foreign laws (including minimum age requirements) regarding the possession, use, and sale of any Product. Despite Our best efforts, a small number of the items on Our Site may be mispriced. We are not responsible for typographical errors regarding price or any other matter. Unless otherwise noted on the Site at the time of Your Order, all prices exclude shipping and handling.
You, the App User are solely responsible for the validity, completeness, accuracy and suitability of the payment information You provide Framafoto for any Transaction. To order any Product from Framafoto, You may use one of the following secure payment services:
1. Credit Card. Use Your credit card by inserting every time the necessary information in the integrated form of Our third-party payment processor which are not saved or visible to us and are transferred with the highest encryption standards to Our third-party payment processor. You will be required to give us a valid credit card number (VISA, MasterCard, American Express or any other issuer accepted by us) and associated payment information at the time You order any product hereunder, including all of the following: (i) Your name as it appears on the credit card, (ii) the credit card type, (iii) the date of expiration of Your card, (iv) billing address, and (v) any activation numbers or codes needed to charge Your card. Your credit card issuer agreement governs Your use of Your designated card, and You must refer to that agreement and not this Agreement to determine Your rights and liabilities as a cardholder. You agree that no additional notice or consent is required before Framafoto invoices the card for all amounts due and payable. By providing Framafoto with Your credit card number and associated payment information, You agree that Framafoto is authorized to immediately invoice Your account for all fees and charges due and payable to Framafoto as a result of Your placement of any Order. You agree to immediately notify Framafoto of any change in Your billing address or the credit card used for payment hereunder. Framafoto reserves the right, at any time, in its sole discretion, to change its prices and billing methods for products sold, either immediately upon posting on the Site or in the App, or by e-mail delivery to You.
2. Apple Pay. Use Apple Pay (within App), which allows You to complete a payment transaction with Apple’s Touch ID functionality provided that You have already set up Apple Pay in Your iPhone.
3. PayPal. Use PayPal Express Checkout (within App), which allows You to complete a payment transaction using Your PayPal account.
We will not be liable in the event Your children or others acting with or without Your permission use Your credit card, PayPal account, or other means of payment to make orders on the Services; however, You may report any unauthorized use to us, and We will use reasonable measures within Our control to help prevent future unauthorized use of Your credit card or other payment methods. Your credit card issuer agreement, Apple Pay and PayPal Terms and Conditions govern Your use of Your designated card, and You must refer to that agreement and not this Agreement to determine Your rights and liabilities as a card or account holder.
You must notify us in writing within seven (7) days after receiving Your credit card statement, if You dispute any of Our charges on that statement, or, as between us, such dispute will be deemed waived. Billing disputes should be sent to the following address: Framafoto Inc., 151 1st Avenue #97, New York, NY 10009 or via Framafoto’s Support Team by contacting us at firstname.lastname@example.org. If Framafoto does not receive payment from Your credit card issuer or another payment agent, You agree to pay all amounts due upon demand by Framafoto or its agents.
ORDER ACCEPTANCE POLICY
Your receipt of electronic or other forms of order confirmation does not signify Framafoto’s acceptance of Your Order. Framafoto reserves the right, in its sole discretion, at any time after receipt of Your order, to accept or decline Your Order for any reason or no reason. Framafoto further reserves the right any time after receipt of Your order, without prior notice to You, to supply less than the quantity You ordered of any item. Your order will be deemed accepted by Framafoto upon Our delivery of the products that You have ordered. We may require additional verifications or information before accepting any order.
PRICING AND SHIPPING
The INSIDE FRAME SIZE DIMENSIONS of the frame chosen for Your custom framed User Submitted Content determines the price of Your Product. You agree to pay all fees and charges incurred in connection with Your orders and purchases (including shipping and any taxes imposed on Your orders and purchases, including, but not limited to, sales, use or value-added taxes. Unless otherwise stated on the Site/Apps, the price of Your Framafoto Order excludes standard UPS shipping charges. The price of Your selected and customized Product does not include any sales tax or other taxes that We may be required to collect in connection with Your order. Such taxes will be added to Your order at Checkout, if applicable. Framafoto is required to collect sales tax by federal law for sales from Ohio (5.75%) and New York state (8.875%). Framafoto may automatically charge and withhold such taxes for orders to be delivered to addresses within any jurisdictions that it deems is required. Payment is due upon purchase. Any estimated shipping date provided by Framafoto is based on the date that You place Your Order with us, Product availability and payment processing time, and does not include transit time. Framafoto only ships to addresses in the United States.
We are not liable for any financial damage (including but not limited to the cost of any replacement purchase) that may occur because of non-timely arrival or any lack of availability or conformity of the product.
LIMITED REMEDY FOR LOSS OR DAMAGE OF YOUR ORDER
All sales are made Delivered at Place (DAP) . Your designated point of delivery, and title and risk of loss to each shipment of the Order(s) shall pass to You when Framafoto makes such delivery at the named place of destination. In the unlikely event of the loss or damage of Your Order during Your use of the Service, You acknowledge and agree that Your sole and complete remedy for such loss is the lesser of (i) the amount of Your Order, or (ii) one-hundred-fifty U.S. dollars ($150.00) (the “Framafoto Guarantee”). You further acknowledge and agree that this amount is a reasonable approximation of the damages that would be suffered by You from the loss or damage of Your Order, and is not a penalty. Your right to receive payment under the Framafoto Guarantee applies only if You have not damaged or tampered with the packaging of Your Order. You understand that breaking the seal, opening, or otherwise tampering with the Final Product, including for the removal or attempted removal of User Submitted Content, includes certain inherent risks, including, but not limited to, damage to the Final Product, the User Submitted Content, and/or personal injury to You. You assume all risk arising in connection with or related to such activity.
All sales of printed and custom framed User Submitted Content and other products are subject to Framafoto’s then-current return policies, as posted on the Site and Apps from time to time. We are committed to quality products and Your satisfaction is Our goal. Your satisfaction is Our top priority. We attempt to describe Our products offered as accurately as possible. However, We do not warrant those product descriptions or other content of the website are 100% accurate, complete, reliable, current or error-free. If a Product offered by Us and purchased by You is not as described, Your sole remedy is to return it in unused condition for a conforming replacement, refund or credit. Please contact Us within ten (10) days of receiving Your Order and one of Our Support Team representatives will work You to find the best solution. Shipping charges will not be refunded. Simply take a digital photo of the item and one of the shipping container it arrived in, attach them to an email and send to email@example.com. Please put “RETURN” in the subject of the email and include in the body of the email: Your order number, the shipping ID or item number, a brief description of the reason for the return, and let us know whether You are seeking a replacement or a refund. Your request will be processed within 48 hours and You will receive an email letting You know Your replacement is under production or Your refund is being processed. To return Your item(s) please pack them in the original box and return to address: Framafoto, Inc. To: Shipping Department. 400 Tomahawk Drive. Maumee, OH, 43537. We strongly encourage You to return Your item via a trackable method.
LIMITED PRODUCT WARRANTY
Company offers a limited warranty on Our Products guaranteeing Our Products to be free of material defects. Framafoto will, at its own expense and at its sole obligation and Your exclusive remedy, replace any defective Order that You report to Framafoto via Framafoto’s Support team within ten (10) days of Your receipt thereof. Company reserves the right to request the return of the defective Product to verify that such Product is defective and eligible for a return under this limited warranty. There is no redeemable cash value for returned Products. Due to the custom and personalized nature of Our Products, Company will not replace Products in connection with any user error or creative choice. Without limiting the foregoing, it is important that You carefully proof the content and order details of Your Products, including but not limited to for the following: (a) poor image quality including low-resolution images that may be insufficient for print; (b) text errors including mistakes in spelling, grammar, font choice or other text errors or omissions; (c) Product selection mistakes including Product type, size, style, color, and layout or any other creative choices that You make related to the User Submitted Content. You should also note that image colors vary from computer monitor to computer monitor and Company is not responsible for color variations that might result from computer screen differences or differences between the colors on Your computer monitor and the colors on a Product that was created by professionally calibrated printing systems. YOUR USER SUBMITTED CONTENT CANNOT BE EDITED ONCE YOUR ORDER HAS BEEN CONFIRMED. Therefore, You agree that You will not upload User Submitted Content unless it has been fully proofed and You are satisfied that it is ready to be printed and custom framed, and by uploading any User Submitted Content, You hereby represent and warrant that it has been proofed to Your satisfaction and ready to be printed “As-Is.” Framafoto is not responsible for any incorrect or inaccurate Submitted Content (including any profile information) posted on the Services. Framafoto assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or User communication. Framafoto is not responsible for any problems or technical malfunction of any hardware and software due to technical problems on the Internet or at the Site or Apps or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Services. Under no circumstances shall Framafoto be responsible for any loss or damage, including personal injury or death, resulting from use of the Service or from any Content posted on the Site or Apps or transmitted to Users, or any interactions between Users of the Services, whether online or offline.
COMPANY’S IP RIGHTS
Framafoto IP. The Services contain and employ various intellectual properties of Framafoto, including without limitation, formulas, processes, software (and any modifications, improvements or upgrades thereto), source and object codes, data, designs, copyrighted materials, proprietary information, trademarks, and other properties of Framafoto (collectively, the “Framafoto IP”). You understand and acknowledge that the software, code, proprietary methods and systems used to provide the Site and Apps and/or Services (“Our Technology”) are: (i) copyrighted by us and/or Our licensors under United States and international copyright laws; (ii) subject to other intellectual property and proprietary rights and laws; and (iii) owned by us or Our licensors. Our Technology may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without Our prior written permission. You must abide by all copyright notices, information, or restrictions contained in or attached to any of Our Technology. Nothing in these Terms of Service grants You any right to receive delivery of a copy of Our Technology or to obtain access to Our Technology except as generally and ordinarily permitted through the Site and Apps according to these Terms of Service. Furthermore, nothing in these Terms of Service will be deemed to grant, by implication, estoppel or otherwise, a license to Our Technology.
Framafoto Content. With respect to any text, images, or photos of Framafoto publically displayed on the Site, App or Services, (the “Framafoto Content”), Framafoto hereby grants You a personal, limited, revocable, non-sublicensable, non-assignable, non-transferable license to reproduce and publicly display such Framafoto Content solely for Your personal use in connection with viewing the App and using the Services. Framafoto owns and retains all proprietary rights in the Framafoto Content and the Services. To the extent the Framafoto Content or Services include any User Submitted Content, the applicable User and Framafoto respectively hereby retain all ownership rights each may have in such Submitted Content and Services. Except as provided in the previous sentence, You shall not reproduce, distribute, publicly perform (including by means of digital audio transmission), translate, reverse-engineer publicly display, create derivative works of, and otherwise use the Framafoto Content. Reproduction rights do not transfer with sale of items. All Framafoto Content is Our property or the property of Our content suppliers and is protected by international copyright laws. The purchase of any Product does not provide You with any copyright interest or other intellectual property right in the Product. All Framafoto Content that is not Our property is used with permission. It is Framafoto’s policy to terminate User privileges of any User who breaches this Section.
Marks. The trademarks, logos and service marks (“Marks”) displayed on the Site and App or in connection with the Services is the property of Framafoto or other third parties. Our trade names, trademarks and service marks include FRAMAFOTO ® and HANG MORE HAPPINESS IN YOUR HOME.™. All trade names, trademarks, service marks, and logos on the Service not owned by us are the property of their respective owners. You may not use Our trade names, trademarks, service marks or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Service should be construed as granting any right to use any trade names, trademarks, service marks or logos without the express prior written consent of the owner. You are not permitted to use these Marks without the prior written consent of the third party that owns the Mark. Certain graphics, logos, page headers, button icons, scripts, and service names are trademarks, service marks, or trade dress of Our company or Our affiliated companies. Unless otherwise specified, all information and screens appearing on the Site/Apps including all materials, documents, services, site design, text, graphics, logos, images and icons, as well as the selection and arrangement thereof, are the sole property of Company. All rights not expressly granted herein are reserved. Our trademarks and trade dress may not be used for any commercial or other purposes without Our prior written consent. All other trademarks and service marks not owned by Company or Our affiliated companies that appear on the Site and Apps are the property of their respective owners and may or may not be used in any form without their prior written consent. We own the Service, which is protected by proprietary rights and laws.
IV. MOBILE APPLICATION
Apple Sourced Application. With respect to any Mobile Application accessed through or downloaded from the Apple App Store (an “Apple Sourced Application” ) You will only use the Apple Sourced Application (i) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service.
App Store. You acknowledge and agree that the availability of the Application and the Services obtained through the Application may be dependent on the third party from whom You received the Application license, e.g., the Apple iPhone app store (“App Store”). You acknowledge that these Terms are between You and Framafoto and not with the App Store. Framafoto, not the App Store, is solely responsible for the Services and Application, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g. product liability, legal compliance, or intellectual property infringement). In order to use the App, You must have access to a wireless network, and You agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Application or Services. You agree to comply with, and Your license to use the Application is conditioned upon Your compliance with, all applicable third party terms of agreement (e.g., the App Store’s terms and policies) when using the Application and the Services. You acknowledge that the App Store (and its subsidiaries) are third party beneficiaries of these Terms and will have the right to enforce them.
Apple Sourced Applications. The following applies to any Apple Sourced Applications: (1) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple Sourced Application. (2) In the event of any failure of the Apple Sourced Application to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price for the Apple Sourced Application to You and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple Sourced Application. As between Framafoto and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Framafoto. (3) You and Framafoto acknowledge that, as between Framafoto and Apple, Apple is not responsible for addressing any claims You have or any claims of any third party relating to the Apple Sourced Application or Your possession and use of the Apple Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. (iv) You and Framafoto acknowledge that, in the event of any third party claim that the Apple Sourced Application or Your possession and use of that Apple Sourced Application infringes that third party’s intellectual property rights, as between Framafoto and Apple, Framafoto, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. (v) You and Framafoto acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement as related to Your license of the Apple Sourced Application, and that, upon Your acceptance of this Agreement and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as related to Your license of the Apple Sourced Application against You as a third party beneficiary thereof. (vi) Without limiting any other terms of this Agreement, You must comply with all applicable third party terms of agreement when using the Apple Sourced Application.
THIRD PARTY SERVICES, MATERIALS, AND PRODUCTS
Third Party Services. We may enable You to link Your use of the App with a valid account on a third party content service such as Facebook, Instagram, Flickr, Dropbox and Google Drive (such services, a “Third-Party Service” and each such account, a “Third-Party Account”) by allowing Framafoto to access Your Third-Party Account, as is permitted under the applicable terms and conditions that govern Your use of each Third-Party Account. You represent that You are entitled to grant Framafoto access to Your Third-Party Account without breach by You of any of the terms and conditions that govern Your use of the applicable Third-Party Account and without obligating Framafoto to pay any fees or making Framafoto subject to any usage limitations imposed by such third-party service providers. By granting Framafoto access to any Third-Party Accounts, You understand that Framafoto may access, make available and store (if applicable) any Third Party Materials that You have provided to and/or stored in Your Third-Party Account so that it is available on and through the Application. Unless otherwise specified in the Terms, all Third Party Materials shall be considered to be Your Submitted Materials for all purposes of the Terms, including, without limitation. You should note that a Third-Party Service may change or amend its guidelines and Our access to it at any time, and We cannot guarantee that Our Services will always include a connection to such Third Party Service.
Third Party Products. The Service may make available listings, descriptions, and images of goods or services or related coupons or discounts (collectively, “Third Party Products”), as well as references and links to Products. Such Products may be made available by Company or by third parties. The availability through the Service of any listing, description, or image of a Product made available by third parties does not imply Our endorsement of such Third Party Products or affiliation with the provider of such Products. Company may be compensated if You click on a link and purchase one or more Third Party Products recommended to You through the Service or in an email, blog, or other online posting sponsored by us. In addition, some of the endorsements made on the Service, or on Our affiliates’ sites, may be made by persons who have a financial or other interest in Company or Our Products.
RULES OF CONDUCT
We grant You a limited, revocable license to access the Site and Apps as Our customer. In connection with the Service, You are not permitted to:
● Reproduce, duplicate, copy, sell or otherwise exploit the Site and Apps or any product image, product listing, product description, price, page layout, page design, trade dress, trademark, logo or other content (“Site/Apps Content”) for any commercial purpose, except as expressly provided;
● Use the Service for any purpose that is fraudulent or otherwise tortious or unlawful.
● Harvest or collect information about users of the Service.
● Use the Service for any commercial solicitation purposes, or transmit through or in connection with the Service any spam, chain letters, or other unsolicited communications.
● Post, transmit, or otherwise make available through or in connection with the Service any virus, hacking method, spyware, or other computer code, file, or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
● Post, transmit, or otherwise make available through or in connection with the Service any materials that are or may be: (i) threatening, harassing, degrading, hateful, or intimidating, or otherwise fail to respect the rights and dignity of others; (ii) defamatory, libelous, fraudulent, or otherwise tortious; (iii) obscene, indecent, pornographic, or otherwise objectionable; or (iv) protected by copyright, trademark, trade secret, right of publicity or privacy, or any other proprietary right, without the express prior written consent of the applicable owner.
● Interfere with or disrupt the operation of the Service or the servers or networks used to make the Service available, including by hacking or defacing any portion of the Service; or violate any requirement, procedure, or policy of such servers or networks.
● Restrict or inhibit any other person from using the Service.
● Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute, or otherwise exploit any portion of (or any use of) the Service except as expressly authorized herein, without Company’s express prior written consent.
● Reverse engineer, decompile, or disassemble any portion of the Service, except to the extent such restriction is expressly prohibited by applicable law.
● Remove any copyright, trademark, or other proprietary rights notice from the Service.
● Frame or mirror any portion of the Service, or otherwise incorporate any portion of the Service into any product or service, without Company’s express prior written consent.
● Systematically download and store Service content.
● Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine,” or otherwise gather Service content (including Submissions), or reproduce or circumvent the navigational structure or presentation of the Service, without Company’s express prior written consent. Notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in the Site’s root directory, Company grants to the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. Company reserves the right to revoke such permission either generally or in specific cases, at any time and without notice.
You are responsible for obtaining, maintaining and paying for all hardware and all telecommunications and other services needed for You to use the Service. You may only use the Service for its intended purposes and not in any manner to develop, create, or improve any products or services that are substantially similar to or otherwise compete with the Service (or any component thereof). Any use of the Service or Service Content that is not expressly authorized herein is prohibited and immediately terminates the license granted herein.
CHANGES TO OUR TECHNOLOGY
We reserve the right to modify, interrupt or discontinue the Site, Apps, and other connected software (“Our Technology”) with or without notice to You. We will not be liable to You or any third party should We exercise Our right to modify, interrupt or discontinue Our Technology. You may need to update third-party software from time to time in order to use Our Technology and Services. If You object to any such changes, Your sole recourse will be to cease access to Our Technology and Services. Continued access to Our Technology and Services following notice of any such changes will indicate Your acknowledgment of such changes and satisfaction with Our Technology and Services as so modified. You agree that We, in Our sole discretion, may immediately terminate Your access to Our Technology and Services at any time, for any reason, in Our sole discretion. You agree that We will not be liable to You or any other party for any termination of Your access to the Site or Services.
V. CONTENT POLICY
The term “User Submitted Content” shall refer to any materials, including but not limited to images, text, data, photos, graphics, digital images, or any combination of authorship thereof, submitted by You to Framafoto, are subject to the following terms and conditions. Your User Submitted Content includes any Content that You upload or submit to Framafoto for printing and custom framing services, or for posting or sharing such User Submitted Content through the Service.
You are solely responsible for any and all content that is shared through Your Account on any Services (including any content that You may have received by third parties) included in User Submitted Content submitted by You for printing and custom framing services.
Ownership of Your User Submitted Content. You represent and warrant that: (i) You own or otherwise have all necessary rights to Your Content to grant the licenses set forth in this section for the Content that You provide for Our services to have them printed and custom framed, and (ii) Your User Submitted Content does not violate or infringe upon the privacy rights, publicity rights, copyright rights, trademark rights, or other rights of any person or entity. You retain ownership rights to any Content You upload, post, share, or otherwise transmit. We will only use Your User Submitted Content for the purpose of processing and fulfilling Your orders for the duration of the “Accessibility Periods (See: “Accessibility Periods”). However, if You upload, post or otherwise transmit non-image Content like reviews or comments, We reserve the right to use such non-image Content in any manner We deem appropriate, including in Our marketing materials. We reserve the right to preserve and/or disclose any and all Content, ONLY if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal requirements, enforce the terms of this Agreement, respond to any claims that Content violates the law or rights of third parties, or to protect the rights of Framafoto, its users or the public.
Artist Submitted Content. With respect to materials submitted by an Artist to Framafoto, including, without limitation, photographs, digital images, artwork, text and graphics and other materials (collectively, “Artist Submitted Content”, and together with the User Submitted Content, the “Submitted Content”), the Artist retains ownership of all of such Artist Submitted Content. Framafoto agrees that it will work individually with an Artist to obtain any rights to use, reproduce, distribute and publicly display Artist Submitted Content on the Site or in other Framafoto marketing materials and solely with the consent of the Artist.
Copyright infringement. Without limiting the foregoing, if You believe that Your work has been copied and posted on the Services or used in any photography or digital art in a way that constitutes copyright infringement, please provide Our Support Team with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that You claim has been infringed; (iii) a description of the location on the Service of the material that You claim is infringing; (iv) Your address, telephone number, and email address; (v) a written statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for Framafoto’s Copyright Agent for notice of claims of copyright infringement is as follows: Framafoto, Inc. Attn: Legal, 151 1st Ave #97, New York, NY, 10003.
LICENCES TO USE YOUR SUBMITTED CONTENT
You may use the Framafoto software to submit Your content to Company for printing and custom framing, provided that Your “User Submitted Content” is compatible with the Framafoto software. In order for Framafoto to be able to provide You with Our Services, You hereby agree, upon each submission of User Submitted Content, to grant Framafoto the following licenses to use Your User Submitted Content:
License to print and custom frame Your User Submitted Content. You hereby grant to Framafoto an irrevocable, non-exclusive, worldwide, fully-paid and royalty-free license (“License”) to reproduce and distribute Your Submitted Content for the purpose of printing and custom framing, and to enable You to use the Service to create, produce and purchase Products.
License to use Your User Submitted Content for other purposes. In the event You decide to use any optional feature that Framafoto may offer, such as allowing others to co-create on a project using Your User Submitted Content or to see an electronic preview of Your User Submitted Content or applications to use the Services in connection with other services and online communities, You hereby grant to Framafoto an irrevocable, worldwide, fully-paid, royalty-free License to reproduce, distribute, publicly display, use, commercially exploit, and otherwise make available the designated Product(s), any User Submitted Content therein, and any other data and information You provide in connection with the optional feature, as required for Framafoto to provide such optional feature. In addition, You hereby grant to each Service user a non-exclusive license to access, use, reproduce, distribute, perform, and display (publicly or otherwise) Submitted Content that You choose to publicly share through the Service, in each case as permitted by the Service functionality and in accordance with this Agreement. To the extent permissible under applicable law, You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding Submitted Content, provided that Company has the right (but not the obligation) to use Your name in connection with Submitted Content to publicly associate You with the Submitted Content. In addition to the foregoing, if You choose to publicly share any images of any Framafoto Product or content created or submitted by You through the Service or any social media website or other online or publicly available service (any such imagery, a “User Generated Content”), including any such image accompanied by a hashtag (i.e., a word or phrase preceded by “#”) reference using any of Our trademarks or any other terms, slogans or keywords referencing Company or its products and/or services, You hereby grant to Company a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable license, without additional consideration to You or any third party, to store, reproduce, distribute, perform, and display (publicly or otherwise), create derivative works of, adapt, modify, create derivative works of, and otherwise use and exploit such Content, in any format or media now known or hereafter developed, in connection with the Service and Company’s (and its successors’, affiliates’ and designees’) business.
License to maintain User Submitted Content. You hereby grant Framafoto the right to maintain the electronic files of any User Submitted Content to fulfill any further Orders that may be placed and to maintain an archival copy of the printed User Submitted Content for the duration as specified below. Framafoto is NOT an image storage and/or hosting service. You are solely responsible for ensuring that You have backup copies of Your uploaded images. The images You upload to the Service will be accessible to You in the Apps for periods (“Accessibility Periods”) in accordance with the following terms:
● For Content that is uploaded, but for which Services have not yet been purchased (“Unpurchased Product”), such Unpurchased Product will be accessible to You on the App for thirty (30) days from the date the image was uploaded or the last date You returned to the App to modify, update, or otherwise interact with such image, whichever period is longer.
● For User Submitted Content that is uploaded and for which Services have been purchased (“Purchased Product”), such Purchased Product will be accessible to You for ninety (90) days from the date of the purchase (or repurchase). If during the ninety (90) day period, You return to the App to modify, update, or otherwise interact with such Purchased Product, the image will be accessible to You either for the time remaining on Your ninety (90) day “Accessibility Period” or for an additional thirty (30) days from the date of any such interaction, whichever period is longer. Presently, images You upload via the App are not accessible via the Framafoto website.
USER GENERATED CONTENT
Users may share, post or submit content, product imagery, reviews, comments, suggestions, communications and other information (“User Generated Content”) sourced or created via Our Site and Apps, by email or through one of Our Service operation partners. You agree that You will not post, submit for print services, or otherwise provide to the Services, any Prohibited Content. “Prohibited Content” includes User Submitted Content or Other Content that: (i) is offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (ii) bullies, harasses, or advocates stalking, bullying, or harassment, of another person; (iii) involves the transmission of “junk mail,” “chain letters,” unsolicited mass mailing, or “spamming,”; (iv) is false or misleading or promotes, endorses or furthers illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (v) promotes, reproduces, performs or distributes an illegal or unauthorized copy of another person’s work that is protected by copyright or trade secret law, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protection devices, or providing pirated music or links to pirated music files; (vi) is pornographic in nature; (vii) is involved in the exploitation of persons under the age of 13 in a sexual or violent manner, or solicits personal information from anyone under 13; (viii) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses and other harmful code; (ix) solicits passwords or personally identifying information for commercial or unlawful purposes from other Users; (x) contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software; (xi) violates any applicable law, including, but not limited to laws and regulations governing export control, unfair competition, anti-discrimination and false advertising; (xii) involves commercial activities that are detrimental to the interests of Framafoto; or (xiii) otherwise violates this Agreement or creates liability for Framafoto. FRAMAFOTO RESERVES THE RIGHT TO REFUSE TO PRINT AND CUSTOM FRAME ANY USER SUBMITTED CONTENT THAT CONTAINS CONTENT THAT IT DETERMINES, IN ITS SOLE DISCRETION, IS PROHIBITED CONTENT, and You agree to defend, indemnify and hold Framafoto and its subsidiaries, affiliates, officers, employees, suppliers, service providers, and partner companies harmless from and against any claims, losses, liabilities, damages and expenses arising out of or relating to any breach of this section. You may not use a false e-mail address or otherwise provide information that would be misleading as to the origin of such content. Although We do not regularly review content You submit to the Service, We reserve the right to edit or remove any content that We find objectionable for any reason. You represent and warrant that You possess all necessary rights to use the content that You submit to the Service and that use of such content does not violate generally accepted standards of decency. You agree to defend, indemnify, and hold us harmless from and against any and all claims arising out of or relating to any content that You submit to the App. By submitting content to the Service, You automatically grant to us, or warrant that the owner of such content has expressly granted to us, a royalty-free, perpetual, irrevocable right and license to use Your username or the content in any manner that We deem appropriate, in Our sole and exclusive discretion. We take no responsibility and assume no liability for any content posted by visitors to Our Service.
USER CREATED CONTENT GUIDELINES
Users may share, post or submit content, product imagery, reviews, comments, suggestions, communications and other information (“User Generated Content”) sourced or created via Our Site and Apps, by email or through one of Our Service operation partners. Please remember that photography and art is a very subjective topic and what is deemed acceptable to one audience, may not be acceptable to another. Users of the Service must adhere to the following content guidelines. We reserve the right to remove or reject any User Submitted Content that may conflict with these guidelines. You agree that You will not post, submit for print services, or otherwise provide to the Services, any Prohibited Content. “Prohibited Content” includes User Submitted Content or Other Content that:
(i) is offensive, contains hate or racial intolerance or advocates violence or ridicule against any individual, group, or organization.(ii) features excessive profanity or sexually explicit language, defamatory statements, bullies, harasses, advocates stalking or makes remarks that disparage or ridicule other people. (iii) involves the transmission of “junk mail,” “chain letters,” unsolicited mass mailing, or “spamming,”; (iv) is false or misleading or promotes, endorses or furthers illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (v) promotes, reproduces, performs or distributes an illegal or unauthorized copy of another person’s work that is protected by copyright or trade secret law, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protection devices, or providing pirated music or links to pirated music files; (vi) is pornographic in nature; (vii) is involved in the exploitation of persons under the age of 13 in a sexual or violent manner, or solicits personal information from anyone under 13; (viii) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses and other harmful code; (ix) solicits passwords or personally identifying information for commercial or unlawful purposes from other Users or distribute content that would constitute or encourage a criminal offenses, violate the rights of any party, or that would otherwise create liability under or violate any local, state, national or international law.; (x) contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software; (xi) violates any applicable law, including, but not limited to laws and regulations governing export control, unfair competition, anti-discrimination, and false advertising; (xii) involves commercial activities that are detrimental to the interests of Framafoto; (xiii) content that a reasonable art observer would find offensive or content that (i) is libelous, (ii) promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, age or otherwise; (iii) is harmful to or exploitative of children; (iv) or (v) is otherwise illegal. We reserve the right to finally determine the appropriateness of all images posted to Our Site or (xiv) otherwise violates this Agreement or creates liability for Framafoto. FRAMAFOTO RESERVES THE RIGHT TO REFUSE TO PRINT AND CUSTOM FRAME ANY USER SUBMITTED CONTENT THAT CONTAINS CONTENT THAT IT DETERMINES, IN ITS SOLE DISCRETION, IS PROHIBITED CONTENT, and You agree to defend, indemnify and hold Framafoto and its subsidiaries, affiliates, officers, employees, suppliers, service providers, and partner companies harmless from and against any claims, losses, liabilities, damages, and expenses arising out of or relating to any breach of this section. You may not use a false email address or otherwise provide information that would be misleading as to the origin of such content. Although We do not regularly review content You submit to the Service, We reserve the right to edit or remove any content that We find objectionable for any reason. You represent and warrant that You possess all necessary rights to use the content that You submit to the Service and that use of such content does not violate generally accepted standards of decency. You agree to defend, indemnify, and hold us harmless from and against any and all claims arising out of or relating to any content that You submit to the App. By submitting content to the Service, You automatically grant to us, or warrant that the owner of such content has expressly granted to us, a royalty-free, perpetual, irrevocable right and license to use Your username or the content in any manner that We deem appropriate, in Our sole and exclusive discretion. We take no responsibility and assume no liability for any content posted by visitors to Our Service.
ENFORCEMENT BY COMPANY
Company has the right (but not the obligation) to review any Content and delete any Content that in the sole judgment of Framafoto violates this Agreement; is Prohibited Content, is illegal, violates the rights, harms, or threatens the safety of any User or any other person; or creates liability for Framafoto, its suppliers, service providers, partner companies, or any User. Framafoto reserves the right (but has no obligation) to investigate and take action in its sole discretion against You if You violate this provision or any other provision of this Agreement, including without limitation, removing Prohibited Content from the Services, terminating Your account, reporting You to law enforcement authorities, and taking legal action against You.
These Terms, and Your rights and obligations hereunder, may not be assigned, subcontracted, delegated, or otherwise transferred by You without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
DISCLAIMER OF WARRANTIES
TO THE FULLEST EXTENT LEGALLY PERMITTED UNDER APPLICABLE LAW, (A) THE SERVICES ARE PROVIDED “AS-IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” AND EXCEPT FOR THE WARRANTIES EXPRESSLY SET FORTH HEREIN, (B) FRAMAFOTO HEREBY EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
By using the Framafoto Services and Products, You agree to defend, indemnify and hold harmless Framafoto, Inc. and each of its owners, shareholders, successors, assigns, parents, subsidiaries, distributors, directors, officers, employees, agents, partners, (together, “Framafoto Persons”) from and against any costs, liability, claim, or demand, losses, judgments, awards, damages and expenses (including reasonable attorney’s fees) (together, “Indemnification Costs”) related to any action, suit, claim or proceeding made, brought or threatened by a third party against Framafoto arising out of Your use of the Service or in connection with any content You submit, upload, post, or otherwise transmit on or through the Site and Apps, (including but not limited to Submitted Content) Your conduct, Your violation of the these Terms of Service or Your violation of the rights of any third party.
SUGGESTIONS AND COMPLAINTS
Visitors and Users may submit suggestions, ideas or questions to firstname.lastname@example.org. By doing so, You acknowledge that We will be free to use, disclose, reproduce, modify, license, transfer and exploit any suggestions or ideas in any manner. If You have a question or complaint regarding the Service, please send an email to email@example.com. Please note that email communications will not necessarily be secure; accordingly, You should not include credit card information or other sensitive information in Your e-mail correspondence with us.
Company will not be liable for nonperformance or delay in performance (other than of obligations regarding payment of money) caused by any event reasonably beyond the control of Company including, but not limited to wars, hostilities, revolutions, riots, civil commotion, national emergency, epidemics, fire, flood, earthquake, force of nature, explosion, embargo or any “act of God.”
Framafoto may give any notice required by this Agreement by means of a general notice on the Site, electronic mail to Your e-mail address on record with Framafoto, or by written communication sent by first class mail or pre-paid post to Your address on record with Framafoto. Such notice shall be deemed to have been given upon the expiration of forty-eight (48) hours after mailing or posting (if sent by first class mail or pre-paid post) or twelve (12) hours after sending (if sent by email). You may give notice to Framafoto, addressed to the attention of its President (such notice shall be deemed given when received by Framafoto) at any time by any of the following: email sent by confirmed facsimile to Framafoto at the following email address: firstname.lastname@example.org, letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to Framafoto at the following address: Framafoto Inc., Attn: President 151 1st Avenue #97, 10003, New York, NY. The Service is operated by: Framafoto, Inc. Registered Address: 520 East 5th street, Apt 2A, New York, NY 10009. U.S TAX ID: 47-1602426.
If You are a California resident, You hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
The communications between You and Framafoto use electronic means, whether You visit the Site or Apps or otherwise use the Service or send Framafoto e-mails, or whether Framafoto posts notices on the Site or Apps or communicates with You via e-mail. For contractual purposes, You (a) consent to receive communications from Framafoto in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Framafoto provides to You electronically satisfy any legal requirement that such communications would satisfy if it were be in writing. The foregoing does not affect Your statutory rights.
GOVERNING LAW, JURISDICTIONAL ISSUES, DISPUTES
The Service is controlled and operated from the United States. The Service may not be appropriate or available for use in some non-U.S. jurisdictions. By placing an order with Framafoto, You agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of New York, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between You and Framafoto, Inc. You agree to exclusive jurisdiction of the federal and state courts located in the New York, New York, U.S.A., and waive any jurisdictional, venue, or inconvenient forum objections to such courts. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms. You must comply with all applicable laws, rules, and regulations in connection with Your use of the Service. We may limit the Service’s availability at any time, in whole or in part, to any person, geographic area or jurisdiction, in each case in Our reasonable discretion. Notwithstanding the foregoing, if You are a resident of the United States, the following will apply with respect to any claim or dispute arising in connection with this Agreement or Your use of the Service: Except for disputes that qualify for small claims court, all disputes arising out of or related to this Agreement or any aspect of the relationship between You and Company, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, will be resolved through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury and You agree that Company and You are each waiving the right to trial by a jury. You agree that any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted and You are agreeing to give up the ability to participate in a class action. The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (currently available at https://www.adr.org), as amended by this Agreement. The arbitrator will conduct hearings, if any, by teleconference or video conference, rather than by personal appearances, unless the arbitrator determines upon request by You or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator’s decision will follow the terms of this Agreement and will be final and binding. The applicable governing law will be as set forth in the previous paragraph. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this Agreement will preclude You from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for You.
LIMITATION OF LIABILITIES
You understand and agree that We or any Framafoto Persons shall not be liable for any indirect, incidental or consequential damages, including without limitation damages for loss of revenue, profits, use, or data, resulting from any use of the Services, Site, Apps, and/or the Products (regardless of whether We should have known of the possibility of such damages). Regardless of the form of action (including negligence), in no event shall Our aggregate liability arising out of or relating to the use of the Services, Site, Apps and/or the Products exceed the aggregate amount paid by You to use or access the Site and/or the Services and Products in the twelve (12) months prior to when the claim accrued. Certain laws do not allow limitations as contained in the clause. If these laws apply, some or all of the above limitations may not apply to You and You might have additional rights.
If any of the terms or conditions herein shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.
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