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Terms & Conditions


OVERVIEW

This web site is owned and operated by FastFrame & The Westlake Gallery (the “Company”). By accessing this web site (the “Site”), you agree to be bound by these Terms and Conditions of Use (the “Terms”) and all applicable laws and regulations. Please read these Terms carefully. They contain the legal terms and conditions that govern both your use of the Site and your purchase of any products and services from the Company through the Site. We may revise these Terms from time to time by posting a revised version. By continuing to use the Site and/or purchasing products or services, you acknowledge that you have reviewed these Terms in their entirety, and you agree that these Terms constitute binding and enforceable obligations on you. 

Purchases

If you wish to purchase any products or services through our Site, we will ask you to supply certain information applicable to your purchase, including, without limitation, payment and other information. By submitting such information to the Company, you are communicating with us electronically and consent to receiving information from us electronically.  Any such information provided by you will be treated as described in our Privacy Policy and must be accurate and complete. Further, you agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the prices set forth in your purchase order, including all applicable taxes, at the time of your order. The Company may require you to verify any relevant information prior to our acceptance of any order.

Images, prices, descriptions, features, content, specifications, and availability of any products or services are subject to change without notice, and our current prices can be found on our Site. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) with regard to the possession, use and sale of any item purchased through our Site. By placing an order, you represent that the products ordered will be used only in a non-commercial and 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 or 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.

Photo Printing Services

In connection with any photo prints provided, if you are not satisfied with your print for any reason, subject to the conditions of these Terms, the Company will attempt to work with you to ensure your satisfaction. However, we can only work with the quality of the photo provided to the Company, and our quality is subject to the original quality of the photo as submitted. The Company will make reasonable efforts to notify you if the quality of the photo is not recommended for printing or will not result in a high-quality print. 

Additionally, we recommend that you keep back-up copies of any photos or other materials submitted.  

Framing

In connection with any framing orders, if you are not satisfied for any reason, subject to the conditions of these Terms, the Company will attempt to work with you to ensure your satisfaction.  Please bring your frame back to the store within thirty (30) days of the completion of your order, and we will re-craft it within the same price range at no additional cost.  Additionally, the Company has a lifetime guarantee on the craftsmanship of the frame.  

Gift Cards

Gift cards cannot be returned, and the Company will not provide you with any cash back on unused portions of gift cards. 

Access and Use

You may access and use our Site only for your personal, non-commercial use. Further, the Company materials contained in this Site are protected by applicable copyright and trademark law and should only be used for personal, non-commercial use.  You may not download, reproduce, duplicate, distribute, publish, modify, copy, decompile or reverse engineer, or transmit material, from this Site. Additionally, you are also strictly prohibited from creating works or materials based on or derived from the materials on this Site. 

While using our Site and services, you agree not to:

  • Violate any laws, regulations, or rights of others, including, without limitation, any privacy rights;
  • Impersonate any person or entity;
  • Hack or restrict any use of our Site or any information related to other customers;
  • Upload to, transmit through, or display on any of our Site (a) 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; (b) any confidential, proprietary or trade secret information of any third party; or (c) any advertisements, solicitations, or other unsolicited commercial communication;
  • Engage in spamming;
  • Transmit any software or other materials that contain any viruses, worms, trojan horses, defects, or other destructive items;
  • Remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of our Site.
  • Display adult nudity or inappropriate child nudity.
  • Upload photographs of people who have not given permission for their photographs to be uploaded to the Company’s Site or any other site.
  • Use the Company Site for the sale of goods or services.
  • Post objectionable material, such as material containing hate or malicious content or offers for adult services, or material inciting or advocating terrorism or violence.

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.

Additionally, the Company may decide, in its sole discretion, to filter, remove, or reject any User Submitted Materials (as defined below) that violate these Terms from our Site; provided, however, the parties recognize the Company has no affirmative obligation to do so.

Materials Submitted by Customer

Any materials submitted by you to the Company’s Site, for printing or otherwise, including, without limitation, photographs, videos, images, text, graphics, and other materials (collectively, “User Submitted Materials”) are subject to the following terms and conditions:

  • You grant the Company and our designees a worldwide, non-exclusive, transferable, sub-licensable, royalty-free, perpetual, irrevocable right and license, use, reproduce, distribute, create derivative works of and publicly display such User Submitted Materials in connection with the production or provision of any product or service you request, order, or of which you request a sample. 
  • You will retain ownership of your User Submitted Materials, and you represent and warrant that you own or otherwise possess all necessary rights with respect to the User Submitted Materials, and that the User Submitted Materials do not and will not infringe, misappropriate, use or disclose without authorization or otherwise violate any copyright, trademark, trade secret right or other intellectual property right of any third party, and that the User Submitted Materials are not unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene, confusingly similar to brands or branded products sold by others or otherwise objectionable.
  • You consent to the use of your likeness, and you have obtained the written consent, release, and/or permission of every identifiable individual who appears in User Submitted Materials to use such individual’s likeness, for purposes of using and otherwise exploiting the User 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 us a copy of any such consents, releases and/or permissions upon our request). If you do submit a submission 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 User Submitted Materials.

DISCLAIMER OF WARRANTIES

EXCEPT FOR THE EXPRESS WARRANTIES CONTAINED IN THESE TERMS, OUR 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, THE COMPANY AND OUR DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.  CERTAIN APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. 

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NEITHER THE COMPANY NOR ANY OF OUR DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES, OR AFFILIATES  SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, PROFITS, USE OR DATA), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE AND STRICT LIABILITY) OR ANY OTHER LEGAL THEORY, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR RELATING IN ANY WAY TO OUR PROVISION OF (OR FAILURE TO PROVIDE) PRODUCTS OR SERVICES, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS OR DATA, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY AND ANY RELATED PARTIES ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHERMORE, THE COMPANY WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH PRODUCTS IS TO OBTAIN A REFUND, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH SERVICES IS TO STOP USING THE SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE MAXIMUM LIABILITY OF THE COMPANY ARISING OUT OF OR RELATING IN ANY WAY TO OUR PROVISION OF (OR FAILURE TO PROVIDE) PRODUCTS OR SERVICES SHALL BE THE ACTUAL PRICE PAID THEREFORE BY YOU. NOTE: CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

Indemnity

You agree to defend, indemnify, and hold harmless the Company, its affiliates, employees, agents, directors, officers, and shareholders from and against all the liabilities, claims, damages, and expenses (including reasonable attorneys’ fees and costs) arising out of or in connection with your use of this Site, your activities in connection with obtaining any products or services from the Company; your use of the User Submitted Materials;  your failure to comply with the terms of the Site or any products or services purchased by you, your breach or alleged breach of these Terms, or your breach or alleged breach of the copyright, trademark, proprietary or other intellectual property rights of third parties. 

Errors, Inaccuracies, and Omissions

Occasionally there may be information on our site or with our services that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information on the website or for the services, including without limitation, pricing information, except as required by law. No specified update or refresh date on the website or related to any services, should be taken to indicate that all information on the website or for the services has been modified or updated.

Links

The Company has not reviewed all of the sites linked to the Site and is not responsible for the contents of any such linked site. No inference or assumption should be made and no representation should be implied that the Company is connected with or controls these websites.  You should refer to each web site’s terms and conditions or terms of use.  The inclusion of any link does not imply endorsement by the Company of the site. Use of any such linked web site is at the user’s own risk. 

Governing Law

Any claim relating to the Company’s Site or any products or services purchased through the Site shall be governed by the laws of the State of Texas without regard to its conflict of law provisions. 

Questions

If you have any concerns or questions, please contact us at [email protected] or call 512-306-0999.