www.FRAMELEY.com and any related mobile site and mobile application including any other platforms not expressly mentioned herein (hereinafter referred to as “Platform”) is owned by Pearl Venture with their office at 190/218, Outer Ring Road, Agara, Sector 1, HSR Layout, Bangalore - 560102 (hereinafter referred to as “FRAMELEY”, “FRAMELEY”, “We”, “Us”).
1. SERVICES OFFERED
1.1 The Platform provides a number of Internet-based services through the Platform (all such services, collectively, the “Service”) including the services which enables its Registered and unregistered Users to upload or create artwork, photos and other visual content, information, data, or names (“User Material”) and have their artwork or photographs printed on different kids of media and framed in a wide and growing selection of products.
2. TERMS OF SERVICE
2.2 WE REQEST YOU TO READ THESE TERMS OF SERVICE CAREFULLY AS THESE TERMS WOULD BE BINDING ON YOUR ACCESS OR THE USAGE OF THIS PLATFORM IN ANY MANNER
2.3 IF YOU, FOR YOURSELF OR ON BEHALF OF THOSE YOU REPRESENT, DO NOT AGREE TO ANY PROVISION OF THESE TERMS, YOU MUST, FOR YOURSELF AND ON BEHALF ANY SUCH PERSON(S), DISCONTINUE THE REGISTRATION PROCESS, DISCONTINUE YOUR USE OF THE SERVICES, AND, IF YOU ARE ALREADY REGISTERED, CANCEL YOUR ACCOUNT.
2.4 The Terms of Service might be modified by us from time to time and we reserve the right for such modification and subject to our sole discretion. If the modification and alterations to the Terms of Service would materially alter the relationship between FRAMELEY and the User, as determined by us in our sole discretion, we will notify you by posting an announcement on the Website or would send a personal message through any of the electronic communication method if you are a Registered User. You shall be responsible for reviewing and becoming familiar with any such modifications and your continued use of the Platform would constitute an acceptance of such modified or altered Terms of Service;
3. REGISTERED USER
3.1 With respect to some Services, the User would be required to register with us by providing us the requisite registration information and select a password and username (“Registration Information”). The registration is made mandatory for accessing and using some of our services. Registration is necessary to enable us to provide you with better facilities and to ensure our work is transparent and easier.
3.2 The Registration information you provide must be accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms of Service, which may result in immediate termination of your access to the Services, by either terminating your email access or your account.
3.3 In the event, you fail to provide adequate Registration Information in accessing some of the Services, you will not be provided access to those Services. We shall assist you within the legal framework to provide you with the Registration Information, in the event you lost the information but the same shall be subject to our internal policies, practices and third party confidentiality obligations.
3.4 The Registration information provided to us shall not contain a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
3.5 You are responsible for maintaining the confidentiality of your password and are solely responsible for all activities resulting from the use of your password and conducted through your Registered Account.
3.6 Services are available to authorized representatives of legal entities and to individuals who are either at least 14 years old, and who are authorized to access the Platform by a parent or legal guardian. If you have authorized a minor to use the Platform, you are responsible for the online conduct of such minor, and the consequences of any misuse of the Platform by the minor.
4. CONDUCT AND USAGE OF THE PLATFORM
4.1 Subject to the other provisions of this terms, all User Material posted or otherwise submitted to the Platforms is the sole responsibility of the Registered User or User from which such User Material originates and you acknowledge and agree that you are entirely responsible for all User Material that you post, or otherwise submit to the Platform.
4.2 We do not control User Material and, as such, does not guarantee the accuracy, integrity or quality of such User Material. You understand that by using the Platform you may be exposed to User Material that is offensive, indecent or objectionable.
4.3 During your access of this Platform, you shall not use the Services or Platform for any purpose that is unlawful, discriminatory, criminal action, illegal action, or any other purpose not reasonably intended by us including but not limited to the following
To abuse, Harass, intimidate any person, directly or indirectly using the User Material or Services;
To post or transmit, or cause to be posted or transmitted, any User Material or Communications that are libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or that infringes any copyright or other right of any person;
iii. For any purpose (including posting or viewing User Material) that is not permitted under the laws of the jurisdiction where you use the Services;
To post or transmit, or cause to be posted or transmitted, any Communication designed or intended to obtain password, account, or private information from any Us user;
To create or transmit unwanted ‘spam’ to any person or any URL
To create multiple accounts for the purpose of voting for or against users’ User Material;
vii. To post copyrighted User Material or other communications, information that do not belong to you or, with exception of commenting on User Material in blogs, where you may post such User Material with explicit mention of the author’s name and a link to the source of the User Material;
viii. With the exception of accessing RSS feeds, you agree not to use any robot, spider, scraper or other automated means to access the Platform for any purpose without our express written permission. Additionally, you agree that you will not:
Take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure;
Interfere or attempt to interfere with the proper working of the Platform or any activities conducted on the Platform; or
Bypass any measures we may use to prevent or restrict access to the Platform;
To artificially inﬂate or alter vote counts, blog counts, comments, or any other service or for the purpose of giving or receiving money or other compensation in exchange for votes, or for participating in any other organized effort that in any way artificially alters the results of Services;
To advertise to, or solicit, any user to buy or sell any third-party products or services, or to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
To promote or sell User Material of another person; or
xii. To sell or otherwise transfer your profile.
xiii. To report a suspected abuse of the Platform or a breach of the Terms of Service (other than relating to copyright infringement which is addressed under “COPYRIGHT COMPLAINTS” below) please send written notice to us at [email protected]
5. SUBMISSION OF CONTENT
5.1 Please read this section carefully before posting, uploading, or otherwise submitting any User Material to the Platform. By submitting content to the Platform you are granting Us a worldwide, non-exclusive license to use the User Material and are representing and warranting to us that the User Material is either owned or you are authorized to represent or distribute the User Material, and that we are free to publish, distribute and use the User Material as provided in these Terms of Service without obtaining permission, consent or any license from any third party.
5.2 In consideration of our agreement to allow you to use the Services, you agree with FRAMELEY as follows:
Any User Material uploaded to your account must be photographed or owned or created by you;
By uploading your photographic or graphic works to the Platform you retain full rights to those works that you had prior to uploading;
iii. By posting User Material to the Platform you grant to us a non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such User Material in connection with the Services. This license will exist for the period during which the User Material is posted on the Platform and will automatically terminate upon the removal of the User Material from the Platform;
The license granted to FRAMELEY includes the right to use the User Material fully or partially for promotional reasons and to distribute and redistribute User Material to other parties, websites, authorized agents, applications, and other entities, provided such User Material is attributed in accordance with the credits (i.e. username or collection name, profile picture, photo title, descriptions, tags, and other accompanying information) if any and as appropriate, as submitted to FRAMELEY (notwithstanding the foregoing, no inadvertent failure to provide attribution shall be considered a breach of these Terms of Service);
We have the right to modify, alter and amend photo titles, descriptions, tags, and other accompanying information for any User Material and the right to submit User Material to other parties and authorized agents for the purpose of creating tags for User Material;
We use industry recognized software and measures to restrict the ability of users and visitors to the Platform to make high resolution copies of User Material posted on the Platform. Notwithstanding this, we make no representation and warranty that User Material posted on the Platform will not be unlawfully copied without your consent.
vii. FRAMELEY does not restrict the ability of users and visitors to the Platform to make low resolution or ‘thumbnail’ copies of User Material posted on the Platform and you hereby expressly authorize Us to permit users and visitors to the Platform to make such low-resolution copies of the User Material; and
viii. Subject to the terms of the foregoing license, ownership or other rights in the User Material including any intellectual property rights or other proprietary rights associated with the User Material are retained by you or the User Material owner represented by You.
You represent and warrant that:
You are the owner or the authorized representative of the owner of all rights, including all copyrights in and to all User Material you submit to the site;
You have the full and complete authority and right to enter into this agreement and to grant to Us the rights in the User Material herein granted, and that no further permissions are required from, nor payments required to be made to any other person in connection with the use by FRAMELEY of the User Material as contemplated herein; and
The User Material does not defame any person and does not infringe upon the copyright, moral rights, publicity rights, privacy rights or any other right of any person, or violate any law or judicial or governmental order.
You shall not have any right to terminate the permissions granted herein, nor to seek, obtain, or enforce any injunctive or other equitable relief against us all of which such rights are hereby expressly and irrevocably waived by you in favor of FRAMELEY.
6.1 We respect the intellectual property rights of others. It is our policy to respond promptly any claim that User Material uploaded to the Platform infringes the copyright or other intellectual property infringement (“Infringement”) of any person.
6.2 We will use reasonable efforts to investigate notices of alleged Infringement and will take appropriate action under applicable intellectual property law and these Terms of Service where it believes an Infringement has taken place, including removing or disabling access to the User Material claimed to be infringing and/or terminating accounts and access to the Platform.
6.3 To notify us of a possible Infringement you must submit your notice in writing to [email protected] and include in your notice a detailed description of the alleged Infringement sufficient to enable us to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any User Material is infringing your copyright.
6.4 If we remove or disable access to User Material in response to a notice of Infringement, we will make reasonable attempts to contact the user who posted the affected User Material. If you feel that your User Material is not infringing, you may provide us with a counter notice in writing to the attention of “Copyright Infringement Counter Notification” at [email protected] You must include in your counter notice sufficient information to enable us to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorneys’ fees) if you materially misrepresent that your User Material is not infringing the copyrights of others.
6.5 If you are uncertain whether an activity constitutes Infringement, we recommended seeking advice of an attorney.
6.6 We reserve the right to remove any User Material or Communications that allegedly infringes another person’s copyright. We will terminate, in appropriate circumstances, Users who are repeat infringers of another person’s copyright. Notices to FRAMELEY regarding any alleged copyright infringement should be directed to us via email at: [email protected]
6.7 If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide us with a written notice containing the following information:
Your name, address, telephone number, and email address (if any);
A description of the copyrighted work that you claim has been infringed;
iii. A description of where on the Website the material that you claim is infringing may be found, sufficient for us to locate the material (e.g., the URL);
A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright user, its agent, or the law and is not a fair use;
A statement by you UNDER PENALTY OF PERJURY that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
Your electronic or physical signature.
7. THIRD PARTY LINKS
7.1 The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
8. RELEASE AND INDEMNITY
8.1 You hereby expressly and irrevocably release and forever discharge FRAMELEY, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Platform and the Services.
8.2 You hereby agree to indemnify and hold harmless FRAMELEY, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of
Breach of the Terms of Service,
User Material posted on the Platform,
The use of the Services, by you or any person using your account or our Username and password,The sale or use of your Images, or
Any violation of any rights of a third party.
9.1 We and our graphics, logos, content, designs, page headers, button icons, scripts, and service names are registered trademarks, marks, designs that belongs to us. Our may not be used in connection with any product or service without the prior written consent of Us. The images and icons available in the icon pack may used by partners and third party sites in connection with providing appropriate links to the our Platform.
10.1 We may terminate or suspend any and all Services or your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms of Service. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your account, you may simply discontinue using the Services. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
10.2 It is your responsibility to remove all User Material from your account prior to termination. Upon termination of your account we will automatically remove all User Material posted to your account.
11. WARRANTY DISCLAIMER
11.1 Your use of the platform and the services shall be at your own risk. The platform and the services are provided on an “as is, as available” basis. We expressly disclaim all warranties, including the warranties of merchantability, title, fitness for a particular purpose and non-infringement.
11.2 We disclaim all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of or in any way related to any errors in or omissions from this website and the services, including, but not limited to, technical inaccuracies and typographical errors,
12. THIRD PARTY COMMUNICATIONS,
12.1 Any third party websites or content directly or indirectly accessed through links in the website, including but not limited to any errors or omissions, the unavailability of all or any part of the website or the services, your use of the website or the services, or your use of any equipment or software in connection with the website or the services.
13. LIMITATION OF LIABILITY
13.1 Except as otherwise provided by law, neither us nor any of its affiliates, parents, subsidiaries, directors, shareholders, employees or agents shall be liable for any loss, injury, claim, liability, or damage of any kind resulting from your use of the website, any facts or opinions appearing thereon, or the services. We shall not be liable for any special, direct, indirect, incidental, punitive or consequential damages of any kind whatsoever (including, without limitation, attorneys’ fees) in any way due to, resulting from, or arising in connection with the use of or inability to use the website or services. To the extent the foregoing limitation of liability is prohibited or fails of its essential purpose to an extent of INR 1000.
13.2 You agree that any proceedings to resolve or litigate any dispute arising hereunder will be conducted solely on an individual basis, and that you will not seek to have any dispute heard as a class action, a representative action, a collective action, a private attorney-general action, or in any proceeding in which you act or propose to act in a representative capacity. You further agree that no proceeding will be joined, consolidated, or combined with another proceeding without the prior written consent of t-shirt elephant and all parties to any such proceeding.
14. QUOTES, ORDERS, PROOFS, REFUNDS & CANCELLATIONS
14.1 Any quotes not accepted after 30 days are subject to review. We have the right to change their prices at any time without notice.
14.2 Some users may request a proof and proofs will be provided on an “as decided by employees of FRAMELEY” basis. If proofs are not verified in 36 hours, the order will be deemed correct and will be processed as is. This includes online confirmation of the order after placing an order. If there is no contact for 36 hours after an order is placed it is assumed that the user has seen the order confirmation and agrees to the order as shown. When the order is shipped under these conditions the order is considered acceptable and fulfilled. If there are other claims regarding an order must be made within 10 days of order delivery. No exchanges, refunds, replacements, or other compensation will be offered after 10 days of order delivery. We do not guarantee any prints against fading or warping of any kind. We do not guarantee the longevity of the adhesive and FRAMELEY is not liable for any damaged caused by the product to any property.
14.3 Further information on our Policies on Refunds, Returns and Exchanges are available at our Returns & Refund Policy page.
14.4 Delays in proofing, courier delivery and other uncontrollable events can occur. No order is considered placed until we have received all related order information and confirmation of payment, along with files for print. Once an order is placed, it cannot be modified. All orders are deemed fulfilled once the item has left our premises.
14.5 We reserve the right to refuse or cancel orders at our sole discretion. If the user decides to cancel an order we are entitled to a full reimbursement for any work already completed as well as penalties and restocking fees. This will be taken from any payment made in advance of completion of the order.
14.6 Also, underruns are not to exceed 3% of quantities ordered (or another percentage as agreed upon). Any orders that fall within the agreed upon underrun margin are considered acceptable and fulfilled.
14.7 All orders are considered bulk packaged unless otherwise noted. We reserve the right to charge an agreed upon rate for individual folding, tagging, bagging, sorting, etc. if requested by the customer.
15.1 Because of the nature of the equipment used, garments, inks, and other reasonable conditions defined by us as having an effect on colour variation, a reasonable variation in colour between proofs (& order confirmations) and a completed job are considered acceptable and fulfilled.
16.1 Production times are estimates. We are not responsible for any losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of early or late shipments.
16.2 Production schedules will be agreed upon and adhered to by customers and us, provided that neither shall incur any liability or penalty due to state of war, riot, civil disorder, fire, strikes, accidents, action of Government or civil authority and acts of God or other causes beyond the control of either party.
16.3 Before an order can begin production it must be paid in full unless agreed upon in advance. Orders not paid in full will not be considered “in production”. Production time is considered to begin after an order is paid, and when ALL materials (if they are being supplied by the client/customer) are on premises accounted for by us.
17.1 Title for finished work shall pass to the customer upon delivery to carrier at shipping point or upon mailing of invoices for finished work, whichever occurs first. Although couriers and Postal Services are reliable, they do make mistakes, therefore, we cannot be held responsible for late arriving shipments, we can only guarantee that the order has left our premises on time.
18.1 The Terms of Service shall be governed and construed in accordance with the laws of the India and the Courts in Ernakulum shall have the exclusive jurisdiction to hear any disputes regarding the interpretation and execution of these terms with respect to the Platform or Services
19.1 You agree to defend, indemnify and hold us and our affiliates, partners, sponsors, and respective directors, officers and employees of each, harmless and non liable from and against any and all claims, losses, damages, liabilities, costs (including, without limitation, reasonable attorneys’ fees and court costs) arising out of or relating to your breach of any of these terms or use by you or any other third party of the services or any action due to to your use of our Platform or our Services. We reserve the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
. If one or more of the provisions herein shall be held invalid, illegal or unenforceable in any respect, the validity, legality and enforcement of the remaining provisions shall not be affected or impaired.
Any inconsistency between these Terms of Service in English and these Terms of Service of Service in any other language shall, to the fullest extent permitted by applicable law, be resolved by reference to the English version.
The failure to enforce or the waiver by either party of a default or breach of the other party shall not be considered to be a waiver of any prior, subsequent or other default or breach