Terms & Conditions
Terms of
Use
Please read these Terms of Use carefully before accessing or using this website ("Site").
Acceptance
of Terms
You agree
to and are bound by the terms and conditions set forth below and in any
modified or additional terms that OG STORE LTD. ("STORE") may publish
from time to time (collectively, the "Terms of Use"). If you do not
agree to all of the terms and conditions contained in the Terms of Use, do not
access or use this Site.
STORE may
change these Terms of Use from time to time. Your continued access or use of
the Site constitutes your acceptance of such changes. Your access and use of
the Site will be subject to the current version of the Terms of Use, rules and
guidelines posted on the Site at the time of such use. Please regularly check
the "Terms of Use" link on the home page of framespoetry.com to view
the then-current terms. If you breach any of the Terms of Use, your license to
access or use this Site shall automatically terminate.
Intellectual
Property; Limited License to Users
Subject to
your compliance with these Terms of Use, any applicable license agreement with STORE,
and the law, you may access and use the Site. STORE remains the sole owner of
all right, title, and interest in the Site and reserves all rights not
expressly granted under these Terms of Use. STORE may modify, replace, or
discontinue the Site or any part thereof at any time, for any reason, with or
without notice, in STORE’s sole discretion. STORE provides the Site on an
"as is" and "as available" basis.
All content
on this Site, including but not limited to Images and related metadata
(collectively the "STORE Content"), as well as the selection and
arrangement of the STORE Content, are protected by copyright, trademark,
patent, trade secret and other intellectual property laws and treaties. Any
unauthorized use of any STORE Content violates such laws and this Terms of Use.
Except as expressly provided herein or in a separate license agreement between
you and STORE, STORE does not grant any express or implied permission to use
the Site or any STORE Content. You agree not to copy, republish, frame, link
to, download, transmit, modify, adapt, create derivative works based on, rent,
lease, loan, sell, assign, distribute, display, perform, license, sublicense or
reverse engineer the Site or any STORE Content. In addition, you agree not to
use any data mining, robots or similar data and/or image gathering and
extraction methods in connection with the Site or STORE Content.
Unless you
enter into a license agreement with STORE you may not download, distribute,
display and/or copy any STORE Content.
You may not
remove any watermarks or copyright notices contained in the STORE Content.
STORE
Trademarks
For the
purposes of these Terms of Use, the term, "Trademark(s)" means all
common law or registered trademarks, logos, service marks, trade names,
Internet domain names, or other indications of origin now or in the future used
by STORE.
Nothing
contained herein grants or shall be construed to grant you any rights to use
any STORE Trademark, unless expressly conferred by these Terms of Use.
You agree
that you will not use STORE's Trademarks in any manner that might tarnish,
disparage, or reflect adversely on such Trademarks or STORE.
You agree
that you will not contest or otherwise challenge (e.g., in any legal action or
otherwise), or assist or encourage any other person or entity to contest or
challenge, the validity of any of STORE Trademarks or the Trademark rights
claimed by STORE.
You agree
that you will not use any STORE Trademark or any variant thereof including
misspellings) as a domain name or as part of a domain name regardless of the
top-level domain, or as a metatag, keyword, or any other type of programming
code or data.
You may not
at any time, adopt or use, without STORE's prior written consent any word or
mark which is similar to or likely to be confused with STORE's Trademarks.
The look
and feel of the STORE website, including all page headers, custom graphics,
button icons, and scripts, is the trade dress and/or trademark or service mark
of STORE and may not be copied, imitated or used, in whole or in part, without
the prior written consent of STORE.
All other
trademarks, product names, and company names or logos used or appearing on the STORE
website are the property of their respective owners. Reference to any products,
services, processes or other information, by trade name, trademark,
manufacturer, supplier or otherwise does not constitute or imply endorsement,
sponsorship or recommendation thereof by STORE, unless expressly so stated.
You may not
use a STORE trademark, logo, Image or other proprietary graphic of STORE to
link to the STORE website without the prior written consent of STORE.
You may not
frame or hotlink to the STORE website or any Image without the prior written
consent of STORE.
Information
You Provide
STORE will
use and protect your personal information, such as your name and address, in
accordance with the STORE Privacy Statement, the contents of which are
incorporated by reference into these Terms of Use.
Your
Content
For any
image or any other content that you upload or post to the Site (“Your
Content”), you represent and warrant that: (i) you have all necessary rights to
submit Your Content to the Site and grant the licenses set forth herein; (ii) STORE
will not need to obtain licenses from any third party or pay royalties to any
third party with respect to Your Content; (iii) Your Content does not infringe
any third party's rights, including intellectual property rights and privacy
rights; and (iv) Your Content complies with these Terms of Use and all
applicable laws.
By
uploading Your Content, you grant STORE a limited, worldwide, non-exclusive,
royalty-free license and right to copy, transmit, distribute, publicly perform
and display (through all media now known or hereafter created), and make
derivative works from Your Content for the purpose of allowing you to edit and
display Your Content using the Site and archiving or preserving Your Content
for disputes, legal proceedings, or investigations. The above licenses will
continue unless and until you remove Your Content from the Site, in which case
the licenses will terminate within a commercially reasonable period of time.
Notwithstanding the foregoing, the license for legal archival/preservation
purposes will continue indefinitely.
You may not
upload image or other content that:
Infringes
any third party's copyrights or other intellectual property rights or any right
of publicity or privacy;
Contains
any pornographic, defamatory, or otherwise unlawful or immoral content.
Exploits
minors;
Depicts
unlawful or violent acts;
Depicts
animal cruelty or violence towards animals;
Promotes
fraudulent schemes or gives rise to a claim of deceptive advertising or unfair
competition; or
Violates
any law, statute, or regulation.
You may not
use any STORE Content for any purpose without first obtaining a license to use
such STORE Content. Any use of STORE Content by you shall be governed by the
applicable license agreement separately entered into between you and STORE.
Displaying and/or distributing to the public any watermarked or unlicensed STORE
Content (whether incorporated into a derivative work or alone) constitutes
copyright infringement.
Infringement
Claims
If you
believe that any Image or other material made available by STORE infringes upon
any copyright that you own or control, you may notify STORE by e-mail copyright@framespoetry.com.
Limitations
You agree
that you shall not:
Engage in
any conduct that shall constitute a violation of any law or that infringes the
rights of STORE or any third party.
Violate any
applicable laws or regulations related to the access to or use of the Site, or
engage in any activity prohibited by these Terms of Use.
Violate the
rights of STORE or any third party (including rights of privacy and publicity)
or abuse, defame, harass, stalk or threaten another.
Restriction
and Termination of Use
STORE may
block, restrict, disable, suspend or terminate your access to all or part of
the Site and/or STORE Content at any time in STORE's discretion, without prior
notice or liability to you. Any conduct by you that, in STORE’s sole
discretion, restricts or inhibits any other person or entity from using or
enjoying the Site is strictly prohibited and may result in the termination of
your access to the Site without further notice.
Links to
Third Party Sites
In the
event that the Site is available through any third-party platform, or if STORE
provides links from the Site to any third-party platform or permits any third
party to link from its platform to the Site, you understand and agree that STORE
makes no warranty of any kind, express or implied, and accepts no
responsibility for any content or practices of such third parties or their
platforms. Such platforms are not under the control of STORE, and STORE
provides and/or permits these links only as a convenience to you. The inclusion
of any link does not imply affiliation, endorsement, or adoption by STORE.
Warranties
and Disclaimers
Your use of
the Site is at your own risk. The Site is provided by STORE under these terms
of use "as is" without warranty of any kind, either express, implied,
statutory or otherwise. STORE expressly disclaims any and all warranties of any
kind, whether express or implied, to each and any service available from the
Site, including, but not limited to the implied warranties of merchantability,
fitness for a particular purpose, non-infringement, and any other warranty that
might arise under any law. Without limiting the foregoing, STORE makes no
warranty that: (i) the Site will meet your requirements; (ii) access to the
Site will be uninterrupted; (iii) the quality of the Site will meet your
expectations; and (iv) any errors or defects in the site, services or materials
will be corrected. STORE makes no representations or warranties that the Site
will be permitted in your jurisdiction, that any of Your Content submitted by
you will be available through the Site or will be stored by the Site, that the
Site will meet your needs, or that STORE will continue to support any
particular feature of the Site. To the extent any disclaimer or limitation of
liability does not apply, all applicable express, implied, and statutory
warranties will be limited in duration to a period of thirty (30) days after
the date on which you first used the Site, and no warranties shall apply after
such period.
Indemnification
You agree
to defend, indemnify and hold harmless STORE, its subsidiaries, affiliates,
licensors, employees, agents, third party information providers, Submitters and
independent contractors against any claims, damages, costs, liabilities and
expenses (including, but not limited to, reasonable attorneys' fees) arising
out of or related to your conduct, your use or inability to use Site, your
breach or alleged breach of the Website Terms of Use or of any representation
or warranty contained herein, your unauthorized use of the STORE Content, or
your violation of any rights of another.
Miscellanous
Any
controversy or claim arising out of or relating to this Agreement, or the
breach thereof, shall be settled by binding arbitration administered under the
Commercial Arbitration Rules of the United Kingdom. The language of the
arbitration shall be English. There shall be one arbitrator. Each party shall
bear its own costs in the arbitration. STORE shall also have the right to
commence and prosecute any legal or equitable action or proceeding before any
court of competent jurisdiction to obtain injunctive or other relief against
you in the event that, in the opinion of STORE, such action is necessary or
desirable.
These Terms
of Use are governed by and shall be construed in accordance with the laws of
the United Kingdom.
In the
event of any conflict between these Terms of Use and any license agreement you
enter with STORE, the terms of such license agreement shall control.
These Terms
of Use shall be construed neither against nor in favor of any party, but rather
in accordance with the fair meaning of the language hereof. The invalidity or
unenforceability of any part of these Terms of Use shall not affect the
validity or enforceability of the balance hereof.