FrameLuv observes copyright laws to protect the owners of all photos. We ask that if you use this site, you follow them as well by ensuring you have the rights to print the photos you send. If you are unsure if you own the rights, ask the person you received the print from. If you don’t know, most likely, you don’t have the rights to use the image.
We reserve the right to reject or refuse to print any images that do not follow copyright laws.
Terms and Conditions
FrameLuv is a design service where you can create your own customized pieces of art using InstagramTM, FacebookTM, photos or upload at FrameLuv.com. Custom FrameLuv art is provided by FrameLuv(the “Company”). FrameLuv employs the InstagramTM API (Application Programming Interface) and FacebookTM API technology. However, we are not endorsed or certified by InstagramTM, FacebookTM or their affiliates and we do not have any business relationship with InstagramTM or FacebookTM.
By using the FrameLuv website (the “Website”), you are agreeing to be bound by the terms and conditions of InstagramTM, FacebookTM terms and conditions. Do not proceed any further and do not access or use the Website or any of the services made available in the Website if you do not agree to be bound by the InstagramTM and FacebookTM Terms and Conditions. FrameLuv does not control InstagramTM, FacebookTM, InstagramTM API or FacebookTM API, or any other third party web services or any of their content. You expressly acknowledge and agree that FrameLuv is in no way responsible or liable for any such services or features of InstagramTM, InstagramTM API, FacebookTM, FacebookTM API or other third party web service.
Before accessing or using the Website, please read the Agreement (in particular, these Terms and Conditions) carefully, as they affect your rights and liabilities under the law. Do not access or use the Website or our services if you do not agree to all of these Terms and Conditions. If you have any questions on the Agreement or any of these Terms and Conditions, please contact Soulful Creations Support: support@Soulfulcreations.com or Help@FrameLuv.com
- Use of the Website
The Website is provided to you for your personal, noncommercial use subject to these Terms and Conditions. Except as expressly authorized hereunder, our Site(s) may not be reproduced, duplicated, copied, sold, resold, visited, reverse- engineered or otherwise exploited for any commercial purpose without our prior written authorization. By using the Website you agree to be bound by the Agreement (in particular, these Terms and Conditions) and the InstagramTM and FacebookTMTerms and Conditions. We reserve the right to refuse use of the Website to anyone for any reason at any time. Subject to and conditioned upon your compliance with these Terms, we grant non-exclusive, non-transferable, limited right and license, without right of sublicense, to access and use our Site(s), including any images, text, graphics, sounds, data, links and other materials incorporated into our Site(s) (other than your User Submitted Materials as defined below), solely made available by us and solely for your own personal purposes. Except as expressly authorized by these Terms, you may not use, reproduce, distribute, modify, transmit or publicly display any portion of our Site(s) or create derivative works of any portion our Site(s) without our written consent. While using any part of our Site(s), you agree not to:
- Defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including, without limitation, others’ privacy rights or rights of publicity;
- Impersonate any person or entity or use any fraudulent, misleading or inaccurate email address or other contact information;
- Restrict or inhibit any other user from using any of our Site(s), including, without limitation, by means of “hacking” or defacing any portion of our Site(s);
- Violate any applicable laws or regulations;
- Upload to, transmit through, or display on any of our Site(s) (i) any material that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (ii) any confidential, proprietary or trade secret information of a third party; or (iii) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us);
- Engage in spamming;
- Transmit any software or other materials that contain any viruses, worms, trojan horses, defects, or other destructive items;
- Modify, adapt, translate, distribute, reveres engineer, decompile or disassemble any portion of our Site(s); and
- Remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of our Site(s).
We reserve the right to modify or terminate our services or your access to our services for any reason, without notice, at any time, and without liability to you. Upon termination, all licenses and other rights granted to you in these Terms will immediately cease.
We reserve the right, in our sole discretion, to change these Terms and Conditions from time to time. We will provide reasonable advance notice regarding any updated terms before the updated terms become effective, unless updates are made based on legal or administrative reasons. You agree that we may notify you of the updated terms by posting them on the Website, and that your use of the Website after the effective date of the updated terms constitutes your agreement of the updated terms. We recommend you review these Terms and any updated terms before using the Website. Updated terms will be effective as of the time of posting, or such later date as may be specified in the updated terms, and will apply to your use of the Website from that point forward. These Terms will govern any disputes arising before the effective date of the updated terms.
You agree that you are responsible for all data charges you incur through use of our Website.
If you fail to comply with the above rules, such failure will constitute a violation of these Terms, and, in addition to any other rights or remedies we may have, we may immediately terminate your access to and use of our Site(s).
- Registering a FrameLuv Account
You may create a member account with our Site. To register an account (“FrameLuv Account”) on the Website, you must beat least thirteen (13) years of age. You represent to us that you are at least 13 years old. If you are not, please do not set up an account with our Site.
You must ensure that the details provided by you on registration or at any time are current, correct and complete about yourself, as requested, and that you will keep that information up to date. You must inform us immediately of any changes to the information that you provided on registration by updating your personal details in order that we can communicate with you effectively.
We reserve the right to refuse registration of any account name that violates a trademark or may mislead other users.
- Your FrameLuv Account – Password and Security
When you register for a FrameLuv Account, you will be asked to create a password. In order to prevent fraud, you must keep this password confidential. You must not disclose the password or share the password with anyone. You are responsible for keeping your password secret and secure.
If you know or suspect that someone else knows your password you should immediately notify us by contacting us at help@FrameLuv.com. If the Company has reason to believe that there is likely to be a breach of security or misuse of the Website, we may require you to change your password or we may suspend your FrameLuv Account. Additionally, we must be immediately informed if there is any unauthorized use of your FrameLuv Account or any other breaches of security.
You are solely responsible for maintaining the security of your FrameLuv Account, and you are fully responsible for all actions that occur under the account and any other activities taken in connection with the account such as sharing any images on the Website. You must not describe or assign keywords in your FrameLuv Account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and we may remove your FrameLuv Account if any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause us liability, harm or damages. We may also remove your FrameLuv Account if there has been no activity in the account for a period of 12 months. You may not use another’s FrameLuv Account without permission. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. Although we will not be liable for your losses caused by any unauthorized use of your FrameLuv Account, you may be liable for the losses of ours or others due to such unauthorized use.
- Your Submitted Content on the Website
You are entirely responsible for the content (the “Content”) that you submit, post and display on the Website, and any harm resulting from the submission, posting and display of the contents on the Website. These include, without limitation, posting material to the Website, posting links on the Website, commenting on the Website or otherwise making (or allowing any third party to make) material available via the Website. That is the case regardless of whether the Content constitutes data, text, files, information, images, screen names, graphics, photos, profiles, audio files, video files, audiovisual combinations, interactive features, musical works, works of authorship, applications, links, codes, scripts, computer software or other material, all of which are subject to the following terms and conditions. By making the Content available, you represent and warrant that:
- You own or otherwise possess all necessary rights with respect to the Content, and that the Content does not and will not infringe, misappropriate, use or disclose without authorization or otherwise violate or infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret rights and other intellectual property rights of any third party in the Content by the copying, downloading and use of the Content and that the Content is not unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable;
- If the intellectual property rights or proprietary rights of the Contents belong to your employer, you must have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content.
- Any third-party licenses relating to the Content must be fully complied with and successfully pass through to end users under any required terms and all royalties, fees and other monies owing to other persons and relating to the use of the Content must have been fully and duly settled;
- The Content is free from any bugs, viruses, worms, malware, trojan horses or other harmful or destructive content;
- You consent to the use of your likeness, and you have obtained written consent, release, and/or permission of every identifiable individual who appears in the Content to use such individual’s likeness, for purposes of using and otherwise exploiting the Content in any manner contemplated by these Terms, or, if any such identifiable individual is under the age of eighteen (18), you have obtained individual’s parent or guardian. You also agree to provide to us a copy of such written consent, release and/or permissions upon our request). If you submit Content that contains the likeness of an identifiable individual under the age of eighteen (18), we strongly encourage you not to include any identifying information (such as the individual’s name or address) with such Content.
- You agree that any Content you submit will be non-confidential and non- proprietary and we will not be liable for any use or disclosure of Content. You acknowledge and agree that your relationship with FrameLuv is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any Content does not place FrameLuv in a position that is any different from the position held by members of the general public, including with regard to your Content. None of your Content will be subject to any obligation of confidence on the part of FrameLuv, and FrameLuv will not be liable for any use or disclosure of any Content you provide.
- The Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing).
- The Content does not contain any pornographic material, threats or material which incites aggression towards individuals or entities, and does not infringe on the third-party rights of others.
- Your FrameLuv Account username will not mislead your readers into thinking that you are another person or company.
We may exercise our right to, but have no obligation to, prescreen, monitor, edit, remove, or filter the Content and the FrameLuv Account(s) containing Content that, in our sole discretion, are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates the intellectual property rights or other proprietary rights of others, the Agreement (in particular, these Terms and Conditions) and the InstagramTM and FacebookTM Terms and Conditions. We are not responsible for, and will have no liability for, the removal or non-removal of any Content from our Site. If your Content violates these Terms, you may bear legal responsibility for that Content.
- Our Right To Use Your Content On Website
We do not claim any ownership rights in the Content that you submit, post and display on or via the Website. By submitting, posting and displaying any Content on or via the Website, you hereby grant to us a non-exclusive, transferable, fully paid and royalty-free, sub-licensable, worldwide license, to use, modify, adapt, delete from, add to, create derivative works of and publicly perform, publicly display, reproduce, transmit, store, translate, publish, broadcast, distribute, sell or otherwise exploit such Content, including without limitation, the adaptation, reproduction and distribution of part or all of the Content in any media formats through any media channels.
While you retain ownership of your Content, any template or layout in which you arrange or organize such Content through tools and features made available through our Site are not proprietary to you, and such template or layout will be our sole and exclusive property.
- Contests and Sweepstakes
- Visitors’ Activities on the Website
We have not evaluated, cannot evaluate, or have any obligation to evaluate all of the Content posted by visitors (i.e. persons assessing the Website and without a FrameLuv Account) to the Website (“Visitors’ Content”), and will not be responsible for the Visitors’ Contents or their use or effects. By using the Website, we do not stand for or imply that we supports the Visitors’ Content, or that we believe such Visitors’ Content to be accurate, useful or without harm. You are responsible for taking precautions as necessary to defend yourself and your computer systems from bugs, viruses, worms, trojan horses, and other harmful or destructive content. The Website may contain Visitors’ Content that are offensive, indecent, or otherwise objectionable, as well as containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain Visitors’ Content that violate the privacy or publicity rights, or breach the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which are subject to additional terms and conditions, express or implied. We disclaim any and all responsibility for any harm resulting from the use by visitors of the Website, the submission, posting and display of Visitors’ Content on the Website or from any downloading by those visitors of any Content on the Website.
- Your Payment / Orders on the Website
For international customers, the orders placed on the Website are subjected to being charged with import fees, taxes, custom duties, related package handling fees and/or any other relevant charges required by the corresponding designated country and/or the organization(s) that handle(s) the shipment / delivery of the orders. None of these charges are included in the price that you pay on the Website. Items cannot be sent as gifts, and your purchase may or may not have these charges, depending on the policies of the designated country and/or the organization(s) that handle(s) the package. If any of the said charges apply, you may need to pay for them to the respective collection authority in advance of receiving your purchase. You should check with any related authority of your country (or the designated country of the order) for any charges required to receive the goods you order from FrameLuv. FrameLuv is not responsible for any of these charges, and would not refund on item(s) returned to us due to unaccepted / undelivered and/or any other reasons unless otherwise agreed with FrameLuv in advance.
Descriptions, images, references, features, content, specifications, products, price and availability of any products or services are subject to change without notice, and our current prices can be found on our Website. We make reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on our Website at a particular time does not imply or warrant that these products or services will be available at any time. Furthermore, since products from FrameLuv are highly customized and tailor-made for individual customers, products cannot be returned for refund. If you are not satisfied by defects on the products (such as scratched cases or printing), please contact our customer services team for assistance and the team will investigate the problem and arrange an exchange of the product with a new one if necessary.
It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased through our Website. By placing an order, you represent that the products ordered will be used only in a lawful manner. We reserve the right, with or without prior notice, to limit the available quantity of or discontinue any product or service; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all purchase(s); and/or to refuse to provide any user with any product or service.
- Shipping / Delivery of Your Order
Shipping within the continental United States will be made via UPS (United Parcel Service) using their standard rates and routing. We will use USPS for Alaska and Hawaii. For international shipping The delivery type “Standard Shipping” is done via international registered articles while the type “Express Mail (EMS)” is sent via Express Mail Service. Both of the delivery types are to be carried out by the national postal service when the articles arrive in the destination country. The way the package is presented to the recipient will depend on the postal service provided in the designated country. Most of the time packages are delivered by postman to the address and require the recipient to sign to receive the package. However, this may not be applicable to some countries or particular areas in the country and recipients may sometimes be required to pick up the package from the postal service’s office. Please contact the national postal service of your country to check the way packages are delivered.
Since shipping is often affected by the processing time of the Customs and delivery standard in the destination country, the estimated delivery date indicated on the Web site is strictly for reference only and shall not be regarded as a commitment. FrameLuv does not guarantee orders to be delivered by a particular time, and shall not be liable for any direct / indirect loss caused by delivery issues. If there is a necessity to check the status of the article in the destination country with local postal service, you will need to carry out the enquiry on your own and FrameLuv will not be responsible for any fees (such as communications) incurred.
Title and risk of loss for any purchases pass to you upon our delivery to our carrier. Because your order is being created to your individual specifications (custom order) and not suitable for resale to others, you will be billed immediately for your order, enabling FrameLuv to begin developing your creation.
- Availability of the Website
Although we aim to offer you the best service possible and for our services to be available as much as possible, we make no promise that the services at the Website will meet your requirements. We cannot guarantee that the services will be fault-free. If a fault occurs with the Website you should report it help@FrameLuv.com and we will attempt to correct the fault as soon as it reasonably can. There will be occasions where Your access to the Website may be occasionally interrupted or restricted to allow for emergency repairs, scheduled maintenance or upgrades, the introduction of new facilities or services, or due to failure of telecommunications links and/or equipment. We will attempt to restore the service as soon as we reasonably can.
- Third Party Websites
The Website includes links to other websites and webpages (“Third Party Websites”). We have not reviewed, and cannot review, all of the material made available through the Third Party Websites to which you may be directed and we have no control over the Third Party Websites. We have no control over and are not responsible for the content and operation of such Third Party Websites, or the privacy or other practices of such Third Party Websites. By linking to a Third Party Website, we do not represent or imply that we endorse such Third Party Website. We direct you to such Third Party Websites only as a convenience. You are responsible for the costs associated with such Third Party Websites, including any applicable license fees and service charges.
Other sites may provide links to our Site with or without authorization. We do not endorse such sites, and are not and will not be responsible or liable for any links from those sites to our Site, any content, advertising, products or other materials available on or through such other sites, or any loss or damages or incurred in connection therewith.
YOU AGREE THAT YOUR USE OF THIRD PARTY WEBSITES, SOFTWARE AND SERVICES INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH SITES, SOFTWARE AND SERVICES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES, SOFTWARE AND SERVICES.
We will have the right, at any time and in our sole discretion, to block links to our Site through technological or other means without prior notice.
- Intellectual Property
The Content we display on the Website (the “FrameLuv Content”) is protected by copyright, trademark, patent, trade secret, database and other intellectual property rights, which is either owned by or licensed to us. We hereby grant you a limited, revocable, non-sublicensable license to reproduce and display the FrameLuv Content (excluding any software code) solely for viewing and using the Website. You may not copy, reproduce, make available online or transmit, publish, adapt, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any of the FrameLuv Content without written permission from us or the owner of the intellectual property rights. The Agreement does not transfer to you any intellectual property rights, either of FrameLuv or the third party, and all rights, titles and interests in and to such property will remain (as between the parties) solely with us. Further, the FrameLuv logo, and all other trademarks, service marks, graphics and logos used in association with FrameLuv or on the Website are the trademarks or registered trademarks or other intellectual property rights of the Company or our licensors. Other trademarks, service marks, graphics and logos used in association with the Website may be the trademarks or other intellectual property rights of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any of our or third party’s trademarks, service marks, graphics and logos.
- Copyright Infringement
While we are not obligated to review Content submitted by users of our Website for copyright infringement, we are committed to protecting copyrights and expect users of our Website to do the same.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any material used or displayed on or through our Website infringes your copyright, you (or your designated agent) may send us a notice requesting the material be removed, or access to it blocked. The notice must include the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed(or if multiple copyrighted works are covered by a single notification, a representative list of such works);
- Identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on our Website;
- The name, address, telephone number and email address (if available) of the complaining party;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and,
- A statement that the information in the notification is accurate and, under penalties of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.copyright.gov/ for details. DMCA notices and counter-notices regarding our Website should be sent to:
FrameLuv. A division of Soulful Creations, LLC ATTN: Asiatico & Associates, PLLC 5850 Granite Parkway, Suite 900 Plano, TX 75024
We reserve the right to amend the Agreement (in particular, these Terms and Conditions) from time to time for legal or regulatory reasons or to allow the proper operation of the Website. Any material changes in the Agreement (in particular, these Terms and Conditions) will be notified to you via the email address provided by you on registration or published via a suitable announcement on the Website. You should nonetheless periodically review the up-to-date version of these Terms and Conditions available at FrameLuv. The changes will apply to the use of the Website immediately after such notice has been given. What constitutes a material change will be determined at our sole discretion. If you do not wish to accept any of the new Agreement, you must not continue to use the Website. If you continue to use the Website after the positing of the amendments on the Website, your use of the Website constitutes your agreement to be bound by the new Agreement (in particular, the new Terms and Conditions). We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the Agreement (in particular, the Terms and Conditions).
We reserve the right to suspend or cancel your FrameLuv Account at any time, without prior notice and in our sole discretion if you breach any of your obligations under these Terms and Conditions. If you wish to terminate your FrameLuv Account, you may inform us in writing at help@FrameLuv.com. Suspension or cancellation of your FrameLuv Account shall not affect our and your rights and liabilities accrued before such suspension/cancellation. All provisions of the Agreement (in particular, the Terms and Conditions), which by their nature should survive termination, shall survive termination of the Agreement, including, without limitation, intellectual property, representations and warranties, indemnification, disclaimer of warranties, and limitations of liability.
- Site Errors
In the event a product is listed on the Website at an incorrect price or with incorrect information, orders for such products will be revised to reflect the correct price or information. We reserve the right to reject any orders placed on the site.
You agree to indemnify and hold harmless, to the fullest extent permitted under the applicable law, FrameLuv a Division of and Soulful Creations, LLC, its directors, officers, employees, agents, representatives, licensors, affiliates, successors and assigns from and against any claims, demands, disputes, actions, proceedings, causes of action, judgments, damagers, losses, liabilities, costs or expenses (including without limitation, reasonable attorney’s fees and expenses, and all costs and expenses incurred in the recovery of the aforesaid amounts), arising out of, resulting from, related to, or otherwise in connection with: (i) your content or your access to or use of the Website; (ii) your breach or alleged breach of this Agreement (in particular, the Terms and Conditions) and the InstagramTM, FacebookTM Terms and Conditions; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, without limitation, all regulatory, administrative and legislative authorities; (v) any activity related to Your internet account (including negligent or wrongful conduct) by You or any other person accessing the Website using Your internet account; or (vi) any misrepresentation made by you.
- General Representation and Warranty
- Use Prohibited Where Contrary to Law
Access to or use of the FrameLuv Website or any content is expressly prohibited in any jurisdiction in which such access or use may violate any laws, rules, regulations, or ordinances applicable to such jurisdictions. Accordingly, You hereby agree (1) not to access or use the Website or content in any such jurisdiction; (2) that You are solely responsible for adhering to this provision and to the compliance with all laws, rules, ordinances, and regulations applicable to the access to and use of the Website and content and/or the prohibition thereon in any jurisdiction; and (3) that any failure on Your part to adhere to the requirements imposed upon You pursuant to subsections (1) and (2) of this Section (Use Prohibited Where Contrary to Law) is at Your sole risk and liability. Further, if You choose to access the Website in a prohibitive jurisdiction, Your actions are independent and separate from FrameLuv, a division of Soulful Creations, LLC and not as a partner, joint venture, agent, employee of FrameLuv or Soulful Creations. You shall have no authority to assume or create any obligation for or on behalf of FrameLuv a division of Soulful Creations, LLC, express or implied, and You shall not attempt to bind FrameLuv or Soulful Creations, LLC to any contract.
- Disclaimer of Warranties
EXCEPT FOR THE EXPRESS WARRANTIES CONTAINED IN THESE TERMS, OUR WEBSITE, PRODUCTS AND SERVICES, INCLUDING ALL MATERIALS INCORPORATED THEREIN, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NEITHER FrameLuv A DIVISION OF SOULFUL CREATIONS, LLC, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES AND AFFILIATES (COLLECTIVELY, THE “SOULFUL CREATIONS PARTIES”) MAKE ANY REPRESENTATIONS OR WARRANTIES OF ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OF IMPLIED, AS TO: (A) THE SERVICE; (B) SOULFUL CREATIONS CONTENT; (C) USER CONTENT; OR (D) SECURITY
ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO FrameLuv OR THE WEBSITE. IN ADDITION, THE FrameLuv PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON- INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.
THE FrameLuv PARTIES DO NOT REPRESENT OR WARRANT THAT THE WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT SERVICES OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING WITHOUT LIMITATION, VIRUSES, THE FrameLuv PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE WEBSITE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOUL RISK. THE FrameLuv PARTIES DO NOT WARRANT THAT YOUR USE OF THE WEBSITE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE FrameLuv PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. PLEASE NOTE SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND THESE TERMS AND CONDITIONS.
BY ACCESSING OR USING THE WEBSITE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE WEBSITE.
THE FRAMELUV PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.
- FrameLuv’s Liability
You understand that when using the Website, you will be exposed to content from internet sites or sources outside the Website, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content. You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent or objectionable, and you agree to waive any legal or equitable rights or remedies you have or may have against us with respect to the aforesaid, and, to the fullest extent permitted under the applicable law, agree to indemnify and hold harmless the Company, our contractors, licensors and licensees, and our/their respective directors, officers, members, employees and agents to the fullest extent allowed by law regarding all matters relating to your use of the Website. Further, if we are in breach of these Terms and Conditions, we will only be responsible for any loss that you suffer as a result to the extent they are a foreseeable consequence to both we and you at the time you use the Website. Our liability shall not in any event include business losses such as lost data, lost profits or business interruption, but shall not limit or affect our liability resulting from any products sold through the Website being found to be unsafe or if something we do negligently causes death or personal injury.
- Limitation of Liability
TO THE FULLEST EXTENT PERMITTED UNDER THE APPLICABLE LAW, IN NO EVENT SHALL FrameLuv A DIVISION OF SOULFUL CREATIONS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, AFFILIATES, SUCCESSORS, AND ASSIGNS BE LIABLE TO ANY DIRECT, INDIRECT, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF FrameLuv HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE ACCESS, INABILITY TO ACCESS, USE, INABILITY TO USE, OR PERFORMANCE OF THE WEBSITE OR ANY OTHER INFORMATION, MATERIALS, OTHER CONTENT, SERVICES, OR PRODUCTS AVAILABLE ON, IN, OR FROM THE WEBSITE. YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR ACCESS TO AND USE OF THE WEBSITE AND THE CONTENT. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF THE LIMITED REMEDY.
FrameLuv IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE FrameLuv, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, AFFILIATES, SUCCESSORS, AND ASSIGNS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
- Advertising and Sponsorship
Part of the Website may contain advertising and sponsorship material. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Website complies with the relevant law. We will not be responsible to you for any error or inaccuracy in advertising or sponsorship material posted on the Website. Additionally, FrameLuv does not monitor the content of advertising and sponsorship material. Content and materials from these advertisements or other Internet link may be inappropriate for children. Parents and/or guardians of children are encouraged to monitor their child’s use of the computer. FrameLuv will not be responsible to You for any inappropriate material You or Your child(ren) may view as a result of advertising or sponsorship material posted on the Website.
By using the FrameLuv Website, You agree that FrameLuv (a division of Soulful Creations), at its sole discretion, may require you to submit any disputes arising from the use of this Website, or these Terms and Conditions concerning or, including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non- performance or termination, as well as disputes about filing gaps in these Terms and Conditions or their adaptation to newly arisen circumstances, to final and binding arbitration under the American Arbitration Association’s rules for arbitration of consumer-related disputes, by one or more arbitrators appointed in accordance with the said Rules. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the State of Texas, without regard to choice of law provisions
Any award in an arbitration initiated under this clause shall be limited to monetary damages, as limited by the limitation of liability under Section 22 of these Terms and Conditions, and shall include no injunction or direction to any party other than the direction to pay a monetary amount.
- Entire Agreement. The Agreement, including these Terms and Conditions, shall constitute the entire agreement between we and you concerning the subject matter hereof, and may only be modified by a written amendment signed by an authorized executive of FrameLuv, a division of Soulful Creations LLC, or by the posting on the Website of a revised version.
- Waiver. A waiver by either party of any of these Terms or Conditions or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. The failure of either party at any time to require performance of any provision of this Agreement shall in no way affect the right of such party to thereafter require performance of that provision.
iii. Applicable Laws. Your use of the Website shall be governed in all respects by the laws of the state of Texas, U.S.A., without regard to choice of law provisions. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Website (including but not limited to the purchase of FrameLuv products) shall be instituted in a court of competent jurisdiction in the state or federal courts located in Collin County, Texas. Any cause of action or claim You may have with respect to the Website (including but not limited to the purchase of FrameLuv products) must be commenced within one (1) year after the claim or cause of action arises.
- Severability. If any provision of these Terms and Conditions of Use is found by any arbitral tribunal or by a court of competent jurisdiction to be invalid, illegal, or otherwise unenforceable, such provision shall be deemed to be severed from these Terms and Conditions of Use and shall not affect the validity or enforceability of any other provision of these Terms and Conditions of Use, which shall continue to be in full force and effect.
- Assignment. You will not assign the Terms and Conditions of Use or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of FrameLuv. Any purported assignment or delegation by you without the prior written consent of FrameLuv, a division of Soulful Creations will be null and void. FrameLuv may assign these Terms and Conditions of Use or any rights hereunder without Your consent.
- Headings and Captions. The headings and captions used in these Terms and Conditions are for ease and reference only, are not substantive, and shall not be used to interpret any provisions of these Terms and Conditions of Use.
vii. Complaints. Any suspected or known violations of this Agreement (Terms and Conditions) or misuse of the Website or its content should be immediately reported to FrameLuv at the following email address: help@FrameLuv.com
Last updated 1-31-2014
©2015 Soulful Creations LLC. All rights reserved.