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  • Terms of service

Terms of Service

Welcome to E Picture Framing (the “Website”), a website owned by Logan Graphic Products, Inc. (the “Owner”). Please read the terms and conditions set forth herein. The use of this Website is conditioned on you (sometimes “You” or “Customer”) having read, understood, and agreeing to be bound by the Terms and Conditions set forth herein.

Communications

By visiting and using this Website, You hereby consent to electronic forms of communications. Owner’s communications with You may be through phone calls, e-mails or posting notices to this Website. Customer consents to acceptance of all agreements, notices, disclosures, and other forms of communication whether they are made electronically or otherwise. You agree that all agreements, notices, disclosures and other communications Owner provides you electronically satisfy any legal requirements that such communications be in writing.

License to Use the Website

Owner hereby grants You a limited license to access and use this Website for personal use as this Website is intended to be used. This limited license does not include any resale or other commercial use, which is strictly forbidden, without Owner’s express written consent. You must not abuse, harass, threaten, impersonate or intimidate other users of this Website. You may not use this Website for any illegal or unauthorized purpose. Any unauthorized use shall serve to automatically terminate the limited license that has been granted herein. Should you be found to have engaged in any such conduct, Owner will have the right to suspend your account. Owner further reserves the right to pursue any and all legal remedies against anyone violating the terms hereof, including seeking reimbursement for reasonable attorneys’ fees and other related costs and consequential damages.

Copyright/Trademarks

All content on this Website including but not limited to text, logos, graphics, icons, images, videos, data compilations and software and any other such information is the property of the Owner or its suppliers and protected by applicable copyright laws. All software, digital code, or other technological components are the property of Owner or its suppliers and are similarly protected by applicable copyright laws.

E Picture Framing and other like graphics, text, headers, service names, and descriptions of services on this Website are or will be trademarked by Owner. Owner’s trademarks may not be used by any third party without Owner’s express written consent. Any other trademarks on this Website not owned by Owner are the property of their respective owners and may not be used without such owner’s written consent.

Customer Accounts

If You use this Website, you are responsible for maintaining the confidentiality of your account and password and you agree to accept responsibility for all activity that occurs under your account and/or password.

Product Delivery/Framing Process

Some of the products provided to Owner for framing may be fragile. Customer is required to determine whether his/her property is suitable for shipment by mail. If Customer uses packaging other than as provided by Owner, or knows that Owner’s packaging is insufficient for his/her specific product and does not notify Owner of same at or prior to the time of shipping, then notwithstanding anything to the contrary, Customer shall be fully responsible for any damage to their product. In addition, different types of products require special attention and/or care and may be permanently altered by the framing process. For example, canvas may be stretched onto wood bars. Customer acknowledges that such stretching may cause the paint to crack and fully releases Owner from any liability that may result from such stretching. Similarly, many prints/photos/posters larger than 11x14 will be dry-mounted to foam core. Dry mounting is a safe method to ensure that over time, a product does not disfigure inside the frame. However, this process is irreversible. Customer acknowledges that his/her product may be dry mounted and fully releases Owner from any liability that may result from such process.

Damage or Loss to Property

Customer acknowledges that in using this Website and the services provided by Owner, damage or loss may occur to Customer’s property. Owner hereby disclaims all responsibility for such losses whether caused by Owner, a third party vendor selected by Owner or anyother third party. Customers of this Website acknowledge that any item sent to Owner to be framed is valued at an amount less than $500.00 in the aggregate and that in the event Customer desires to insure his/her product, such insurance will be purchased by Customer. Various third party providers such as postal carriers or shipping services may provide Customers with insurance. Under no circumstance, however, shall that be interpreted as Owner agreeing to assume any risk of loss. Owner would not provide the services to be provided hereunder in the absence of it not being responsible for any loss or damage of any kind incurred as a result of dealings discussed in this Website.

Disclaimer of Warranties

Owner hereby, to the maximum extent permitted by applicable law, disclaims any and all warranties, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement. The services and any products or services Customer purchases through this Website are provided on an “as is” and “as available” basis. Use of the service is at Customer’s own risk. Owner does not warrant that the content is accurate, reliable or correct; that the Website or the products sold will meet Customer’s specific requirements; that the services will be available at any particular time or location, uninterrupted or secure; that any defects or errors can or will be corrected; or, that the services are free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of this Website is downloaded at Customer’s own risk and Customer will be solely responsible for any damage to his/her computer system or loss of data that results from such download or Customer’s use of Owner’s services hereunder.

Limitation of Liability

By using this Website, Customer acknowledges that Owner is a corporation. To the maximum extent permitted by applicable law, in no event shall Owner, its affiliates, agents, directors, employees, third party suppliers or licensors be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other such intangible losses, that result from the use of, or inability to use, this Website or of any product purchased herein. Under no circumstances shall Owner be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the services on this Website, or Customer’s account or the information contained therein.

To the maximum extent permitted by applicable law, Owner assumes no liability or responsibility for any: (i) errors, mistakes, or inaccuracies of content available on or through the services; (ii) personal injury or property damage, of any nature whatsoever, resulting from Customer’s access to or use of this Website or any services or products provided hereunder; (iii) unauthorized access to or use of Owner’s secure servers and/or any and all personal information stored therein; (iv) interruption or cessation of transmission to or from the service; (v) bugs, viruses, Trojan horses, or the like that may be transmitted to or through Owner’s service by any third party; (vi) errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available through the services provided hereunder; and/or (vii) user content or the defamatory, offensive, or illegal conduct of any third party.

This limitation of liability applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Owner has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

Indemnification

Customer agrees to indemnify, defend and hold Owner, its officers, directors, employees, agents, suppliers and third party partners, harmless from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from: (1) Customer’s use of this Website; (2) any use of any password chosen by or issued to Customer; or, (3) any violation by Customer of: (a) these Terms and Conditions; (b) Owner’s Privacy Policy set forth herein; and (c) any other applicable guidelines, rules, laws or regulations.

Applicable Law

By using this Website, Customer agrees that the laws of the State of Illinois shall govern and that Customer is subjecting himself/herself to its laws and agrees that the proper venue for any judicial dispute is in the State of Illinois.

Severability

In the event any portion of these Terms and Conditions are deemed invalid or voided for any reason, that term or provision shall be deemed severable and shall not affect the validity and enforceability of the remaining terms and conditions set forth herein.

Entire Agreement

The Terms and Conditions set forth herein constitute the entire agreement between the parties. No other agreements, understandings, or representations pertaining to the Website shall be effective.

Amendments to Terms and Conditions

From time to time, Owner may review and revise these Terms and Conditions to ensure compliance with applicable law. As a result, Owner reserves the right, at any time, to update and amend these Terms and Conditions. Customer is expected to know whether these Terms and Conditions have been amended by referring to the Effective Date set forth herein. Customer’s use of this Website constitutes Customer’s acceptance of these Terms and Conditions as amended and, therefore, You should review these Terms and Conditions regularly.

Waiver

No waiver of any term or portion of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and Owner’s failure to assert a right under these Terms and Conditions shall not constitute a waiver of such right or provision.

Privacy Policy

This Privacy Policy sets forth the manner in which Owner uses and protects any information that You give to Owner when you use this Website.

Owner is committed to ensuring your privacy is protected. In the event Owner asks a Customer to provide certain information by which the Customer can be identified when using this Website, then You can be assured it will only be used in accordance with this Privacy Policy.

Owner may change this policy from time to time by updating this page. Customer should regularly review this page from time to time to ensure that Customer is aware of any such changes.

Information Owner Collects

Owner may collect the following information: Customer’s name, contact information (including but not limited to email address and telephone number), mailing address and appropriate credit card information.

Orders

Owner requests information from Customers on Owner’s order forms. To make a purchase, Customer must provide information such as his/her name and shipping address, and financial information such as credit card number and expiration date. This information is used for billing purposes and to fill Customer’s orders. If Owner has trouble processing an order, Owner will use the information provided to contact Customer.

Use of Information

Owner requires certain information to understand Customer’s needs and, more importantly, to provide Customer with the highest quality of service. For example, Owner may use Customer information for the following purposes and others as needed:

  • For internal record-keeping.
  • To help improve the services rendered hereunder.
  • To periodically send Customers promotional emails about new products, special offers or other information which Owner thinks Customers may find interesting using the email address which Customers provide.
  • From time to time, to contact Customers for market research purposes.
  • To customize this Website according to Customer feedback.
  • To provide Customer information to Owner’s third party partners for marketing or promotional purposes.

 

Security

Owner is committed to ensuring that Customer information is secure. In order to prevent unauthorized access or disclosure of Customer information, Owner has put in place suitable physical, electronic and managerial procedures to safeguard and secure the information Owner collects online.

Use of Cookies

A cookie is a small file which asks permission to be placed on a computer’s hard drive. In the event Customer agrees, the file is added and the cookie helps analyze web traffic or lets Customer know when he/she visits a particular site. Cookies allow web applications to respond to Customers as individuals. The web application can tailor its operations to the Customer’s needs, likes and dislikes by gathering and remembering information about a Customer’s preferences.

Owner uses traffic log cookies to identify the pages are being used. This helps Owner analyze data about web page traffic and improve this Website in order to tailor it to Customer needs. Owner only uses this information for statistical purposes and then the data is removed from the system.

Overall, cookies help Owner provide its Customers with a better Website, by enabling Owner to monitor which pages Customers find useful. A cookie in no way gives Owner access to a Customer’s computer or any information about a Customer, other than the data Customer chooses to share with Owner.

Customers can choose to accept or decline cookies. Most web browsers automatically accept cookies, but Customers can usually modify his/her browser settings to decline cookies if Customer prefers. This may, however, prevent Customer from taking full advantage of this Website.

Links To Other Websites

This Website may contain links to enable Customer to visit other websites of interest. However, once Customer has used these links to leave this Website, Customer should note that Owner does not have any control over such other websites. Therefore, Owner cannot be responsible for the protection and privacy of any information which Customer provides while visiting such sites and such sites are not governed by this Privacy Policy. You should exercise caution and look at the Privacy Policy applicable to the website in question.

Controlling Your Personal Information

Customer may choose to restrict the collection or use of his/her personal information by contacting Owner by the means provided in the “Contact Us” section of this Website.

Other than as referenced in this Privacy Policy, Owner will not sell, distribute or lease Customer’s personal information to third parties unless Owner has Customer’s permission or as required by law. Owner may use Customer’s personal information to send Customer promotional information about third parties which Owner believes Customer may find interesting.

Customer may request details of personal information which Owner holds about him/her under the Data Protection Act 1998. A small fee may be collected by Owner. If Customer would like a copy of the information held on him/her, please contact Owner by the means provided in the “Contact Us” section of this Website.

If You believe any information Owner has received from You is incorrect, inaccurate or incomplete, please contact Owner as soon as possible. Owner will correct any information found to be incorrect, inaccurate or incomplete.

Rules regarding Information and other content

When Customer (sometimes referred to as “You” or “Your”) accesses the Owner’s Site and/or Services, You obtain access to various kinds of images, video, audio, data, and other information and materials, all of which we call “Content.” Customer agrees not to revise Content posted by others, and represents and warrants that Customer will not use any Content in any manner or submit any Submitted Materials or other Content that:

  • Infringes the copyright, trademark, trade secret, or other intellectual property or proprietary right of others;
  • Violates the privacy, publicity, or other rights of third parties or any other law, statute, ordinance or regulation;
  • Is false or inaccurate or becomes false or inaccurate at any time;
  • Is discriminatory, unlawful, tortious, obscene, fraudulent, defamatory, harmful, threatening, pornographic, indecent, vulgar, harassing, discourteous, hateful, abusive or racially, ethnically, religiously, sexually or otherwise offensive, as determined by Owner in its sole discretion;
  • Discloses or provides information protected under any law, agreement or fiduciary relationship, including but not limited to proprietary or confidential information of others;
  • Misrepresents Your identity in any way;
  • Contains any viruses, Trojan horses, spyware, malware, worms, time bombs, or other disabling devices or other harmful components intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
  • Advocates or encourages any illegal activity; or
  • Has the potential to create liability for Owner or cause Owner to violate the requirements of or to lose the services, in whole or in part, of Owner’s Internet service providers or other suppliers.

 

Though Owner strives to enforce these rules with all of its users, You may be exposed through the Owner’s Site or Services to Content that violates Owner’s policies or is otherwise offensive. You access the Site and Services at Your own risk. Owner may, but is not obligated to, remove Content from the Site for any reason, including if Owner determines or suspects that such Content violates these Rules or Owner’s Terms of Use. Owner is merely acting as a passive conduit for such distribution and Owner takes no responsibility for Your exposure to Content on the Site or through Your use of the Services whether it violates Owner’s content policies or not.

   - General Rules of User Conduct. It is Owner’s goal to make access to its Site and Services a good experience for all of its users. You agree not to, and represent and warrant that You will not use, reproduce, duplicate, copy, sell, resell or exploit any portion of the Site or Services, Your use of the Site or Services, or access to the Site or Services for any purposes other than for which the Site or Services are being provided to You. You further represent and warrant You will not do any of the following:

  • Conduct or promote any illegal activities while using the Site or Services;
  • Upload, distribute or print anything that may be harmful to minors;
  • Attempt to reverse engineer or jeopardize the correct functioning of the Site, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Site;
  • Attempt to gain access to secured portions of the Site or Services to which You do not possess access rights;
  • Upload or transmit any form of virus, worm, Trojan horse, or other malicious code;
  • Use the Site or Services to generate unsolicited email advertisements or spam;
  • Use the Site or Services to stalk, harass or otherwise harm another individual;
  • Use any high volume automatic, electronic or manual process to access, search or harvest information from the Site or Services (including without limitation robots, spiders or scripts);
  • Interfere in any way with the proper functioning of the Site and Services or interfere with or disrupt any servers or networks connected to the Site or Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Site or Services;
  • Use any robot, spider, other automatic device, or manual process to extract, “screen scrape,” monitor, “mine,” or copy any static or dynamic web page on the Site or the Content contained on any such web page for commercial use without Owner’s prior express written permission;
  • Impersonate any person or entity, or otherwise misrepresent Your affiliation with a person or entity; or
  • Mirror or frame the Site or any Content, place pop-up windows over its pages, or otherwise affect the display of its pages.

 

User and Artist submitted materials

Any materials submitted by Customer (sometimes referred to as “You” or “Your”) to epictureframing.com (“Owner”), including, without limitation, Your Artwork, photographs, images, text, graphics and other materials (collectively, "User Submitted Materials" or “Materials”) are subject to the terms and conditions set forth herein. Customer will retain ownership of such User Submitted Materials, and You grant Owner and its designees a limited, non-exclusive, royalty-free, right and license, to use, reproduce, distribute, create derivative works of and publicly display such User Submitted Materials: (i) to enable You to use the Services to create, produce and purchase Products, (ii) in connection with the production or provision of any Product or Service You request, (iii) to show You how Your User Submitted Materials would appear in Owner’s Products or Services, and (iv) to enable Owner to provide the Products and Services requested. For example, when You place an Order for a Product, Owner will prepare, manipulate (if necessary), and transmit the User Submitted Materials for framing, packaging and shipment.

With respect to materials submitted by an Artist to Owner, including, without limitation, Artwork, photographs, images, texts, graphics and other materials (collectively, "Artist Submitted Materials", and together with the User Submitted Materials, the “Submitted Materials”), the Artist retains ownership of all of such Artist Submitted Materials. Owner agrees it will work individually with an Artist to obtain any rights to use, reproduce, distribute and publicly display Artist Submitted Materials on the Site or in other Owner’s marketing materials and solely with the consent of the Artist.

Note that while You retain ownership of Your Submitted Materials, any template or layout in which You arrange or organize such Submitted Materials through tools and features made available through Owner’s website (the “Site”) are not proprietary to You, and the rights to such template or layout will remain with Owner. Customer represents and warrants that You own or otherwise possess all necessary rights with respect to the Submitted Materials, and that the 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, and that the Submitted Materials are not unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable. You represent and warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Submitted Materials, has completely and effectively waived all such rights and validly and irrevocably granted to You the right to grant the license herein stated.

Customer consents to the use of Your likeness, and You have obtained the written consent, release, and/or permission of every identifiable individual who appears in Submitted Materials to use such individual's likeness, for purposes of using and otherwise exploiting the Submitted Materials in the manner contemplated by these Terms, or, if any such identifiable individual is under the age of eighteen (18), You have obtained such written consent, release and/or permission from such individual's parent or guardian (and You agree to provide to Owner a copy of any such consents, releases and/or permissions upon Owner’s request). If You submit Materials that contains the likeness of an identifiable individual under the age of eighteen (18), Owner strongly encourages You not to include any identifying information (such as the individual's name or address) with such Submitted Materials.

Customer agrees that Owner may (but is not obligated to) filter any Submitted Materials (including, without limitation, deleting or replacing expletives or other harmful or offensive language), refuse to use any Submitted Materials (including, without limitation, suspending processing and shipping of any Order relating to any User Submitted Materials) and/or disclose any Submitted Materials and the circumstances surrounding the use thereof, to any third party in order to provide the applicable Products or Services, to enforce these Terms or to comply with any legal obligations or governmental requests.

Customer agrees to indemnify and hold Owner, its directors, officers, shareholders, employees, contractors, agents, attorneys, representatives, affiliates, and third party users harmless from and against any and all claims, causes of action, liabilities, damages, losses, expenses and costs (including, without limitation, attorneys' fees), that arise directly or indirectly out of or from: (i) the User Submitted Materials; and (ii) an actual or alleged infringement or violation of any third party’s rights with respect to such User Submitted Materials.

Customer agrees that You, not Owner, are responsible for all of Your User Submitted Materials.

Owner may, in its sole discretion, determine whether any User Submitted Materials comply with these instructions and are satisfactory for use in Owner’s Services. Submitted Materials that violate these Terms may be removed from Owner’s Site; provided, however, that Owner has no obligation to remove User Submitted Materials in response to any other user’s reports or requests. Owner is not responsible for, and will have no liability for, the removal or non-removal of any User Submitted Materials from Owner’s Site.