Welcome to Timeless Expressions®! Through the TimelessExpressions.com website (the “Site”), you can upload your digital photos or other Content (defined below) to a personal account created by you; organize, personalize and store such Content; share it with selected friends and family; display or publish Content in publicly-available spaces; and purchase prints, frames, mattings and accessories to display and enhance your Content.
Before we get started, you should understand these Terms and Conditions of Use, which include the Privacy Policy and any other terms incorporated by reference herein (“Terms”). You must agree to these Terms before using the Site or any of the services or functionalities offered through the Site (collectively, the “Service”). These Terms constitute a binding contract between Timeless Expressions, LLC (“Timeless Expressions” or “we”) and you (“you”). BY USING THE SITE, YOU AGREE TO THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, THEN DO NOT ACCESS OR USE THE SITE.
1. Account Set-Up.
You must complete the Site registration process to create an account with a user name and password (the “Account”) in order to make full use of the Service. You may not share your password with anyone unless you are a minor, in which case you may share your password with your parents or guardians. You must always provide accurate, current and complete information to Timeless Expressions for the Service. You must update such information in a timely manner to maintain its accuracy and completeness. Any use of the Service through your Account will be deemed as being used by you. Timeless Expressions is entitled to rely on the contact and other information that is supplied to us through your Account. Your Account is non-transferable and non-assignable.
2. Posting Content on the Site.
a. Content Protected by Intellectual Property Rights. Any content available through the Service, including applications, software, text, audio, video, photos, pictures, graphics, music, sound clips, images, likenesses, personal information and other works of authorship (collectively, “Content”) is protected by the intellectual property rights of Timeless Expressions or its licensors.
b. Your Warranties Regarding Your Content. By posting your Content on the Service, you warrant and represent the following:
1. you own your Content or have sufficient rights in your Content to grant to Timeless Expressions the rights described in these Terms;
2. you are the individual pictured, depicted, and/or heard in your Content or you have obtained permission from each person (including consent from parents or guardians for anyone under the age of eighteen (18)) who appears and/or is heard in your Content to grant the rights to Timeless Expressions described in these Terms;
3. your Content does not and will not infringe the intellectual property rights, privacy, rights to publicity or any other legal or moral rights of any third party; and
4. your Content is not unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable.
c. Prohibited Content. You must not post to the Service any Content that, as reasonably determined by Timeless Expressions, is or appears to be the following:
1. untrue, misleading, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive to another person’s privacy or protected data, hateful, or racially or otherwise objectionable;
2. infringing upon a third party’s intellectual property rights, including any patent, trademark, trade secret, copyright, right of publicity, including any Content that is the subject of any claim of infringement;
3. of a type that you do not have a right to transmit under any law or under contractual or fiduciary relationships, such as proprietary and confidential information;
4. unsolicited, undisclosed or unauthorized advertising;
5. software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
6. data or information obtained through access that was not authorized by the owner, or that you are not authorized to post; or
7. in violation of any applicable local, state, national or international law (including export laws).
3. Ownership of Content; License.
a. Ownership of Your Content. You retain ownership of your rights in any Content you post to the Service, subject to the non-exclusive rights that you grant to us as described in these Terms. Despite your ownership of your Content, Timeless Expressions retains sole and exclusive ownership of any template or layout used on the Site to arrange or organize your Content. You acknowledge and agree that you have no rights in any such template or layout, and such template or layout may be used by Timeless Expressions and others for any purposes.
b. Your License to Timeless Expressions. So that we may make your Content available to you and your invitees, and so that we may provide you the enhancements to your Content as described herein and on the Site, we need to be granted certain rights to your Content. Accordingly, you hereby grant Timeless Expressions an irrevocable, perpetual, worldwide, royalty-free, freely transferable, freely sub-licensable (through unlimited levels of sublicense), non-exclusive license to use, reproduce, modify, transmit, distribute, advertise in, on and around, and create derivative works of the Content you submit or make available for inclusion on or through the Service, and to incorporate such Content into other works in any form, media, or technology now known or later developed.
c. Submission of Feedback Policy. When you submit ideas, suggestions, documents, or proposals (collectively, “Feedback”) to Timeless Expressions through our “Contact Us” web page, you represent, warrant and agree that: (a) your Feedback does not include confidential or proprietary information; (b) if we so choose, Timeless Expressions may use and disclose your Feedback in any way; and (c) Timeless Expressions has no obligation to pay or reimburse you for your Feedback or our use of your Feedback.
4. User Restrictions.
a. Prohibited Conduct on the Site. You must not do, or attempt to do, any of the following, as reasonably determined by Timeless Expressions, subject to applicable law:
1. access or use the Service in any way that is not in compliance with any applicable local, state, national or international law (including export laws), contracts, intellectual property rights or constitutes the commission of a tort, or for any purpose that is harmful or unintended (by us), or other than in full compliance with these Terms;
2. access, tamper with, or use services or areas of the Service that you are not authorized to access;
3. alter information on or obtained from the Service;
4. tamper with postings, registration information, profiles, submissions or Content belonging to Timeless Expressions or other users of Timeless Expressions;
5. use any robot, spider, scraper or other automated means or interface not provided by us to access the Service or extract data or gather or use information, such as email addresses, available from the Service or transmit any unsolicited advertising, “junk mail,” “spam,” or “chain letters”;
6. frame any part of the Service, or link to the Service, or otherwise make it look like you have a relationship to us or that we have endorsed you or your Content for any purpose except as expressly permitted in writing by Timeless Expressions;
7. impersonate or misrepresent your affiliation with any person or entity;
8. reverse engineer any licensed software, application, games or any other aspect of the Service or do anything that might discover source code, or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Service;
9. send to or otherwise impact us or the Service (or anything or anyone else) with harmful, illegal, deceptive or disruptive code such as a virus, “spyware,” “adware” or other code that could adversely impact the Service or any recipient; or
10. take any action which might impose a significant burden (as determined by us) on the Service’s infrastructure or computer systems, or otherwise interfere with the ordinary operation of the Service.
b. Age of Users. Timeless Expressions does not intend for the Site to be used by minors under the age of 13. We do not market the Site for use by minors under the age of 13. We rely on parents or guardians of users under the age of 18 to determine if any Content on the Site is appropriate for view or access by such users.
c. Personal Use Only. The Service is for personal use only. You may not reproduce, copy, sell or otherwise exploit the Service or any part thereof, or access or use the Service for any commercial purposes.
5. Monitoring and Protection of Content.
a. No Duty to Monitor. You acknowledge and agree that we are not obligated to monitor, restrict or filter any Content. TIMELESS EXPRESSIONS DOES NOT REGULARLY MONITOR THE ACCURACY OR RELIABILITY OF CONTENT. However, we reserve the right to modify or remove any Content at any time. Any Content posted or made available by third parties, including other users, are those of the respective author(s) and not of Timeless Expressions. Timeless Expressions neither endorses nor is responsible for the accuracy or reliability of any Content posted on the Site.
b. License by Timeless Expressions to You. You must respect the intellectual property laws protecting our Service. Timeless Expressions grants you a limited, revocable, non-transferable, non-sublicensable, non-exclusive license, under the rights Timeless Expressions has in the Content, to privately display and perform the Content on your computer for your own personal, noncommercial purposes.
c. Reservation of Rights. On its own behalf and the behalf of its licensors, Timeless Expressions reserves all rights in the Content, including any software, not expressly granted in this Section 5. Timeless Expressions does not in any way grant any other rights to you. Except as expressly stated in this Section 5, you may not reproduce, distribute, modify, publicly perform or display, or prepare derivative works of any Content, including any software, without prior written consent from Timeless Expressions or other third-party owner of the rights in that Content (if any).
6. Term and Termination.
a. Term. These Terms shall remain in full force and effect until terminated in accordance with this Section 6.
b. Right to Terminate. We may, at any time, without notice to you, terminate your access to the Service, and your Account, or block your access to the Service, for any reason, including if:
1. we believe in our sole discretion that you may have violated these Terms or have otherwise engaged in any activities that may harm or damage the reputation, rights, person, or property of Timeless Expressions, our users, or any other person;
2. requested by law enforcement or other government agencies; or
3. your Account has extended periods of inactivity.
c. Notice of Termination. If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Site or by sending a communication to any address (email or otherwise) that we have for you in our records.
d. Effect of Termination. Upon termination of your Account or the Service, your agreement with Timeless Expressions pursuant to these Terms will also terminate, except that the following provisions survive the termination: Section 2 “Posting Content on the Site,” Section 3 “Ownership of Content; License,” Section 5 “Monitoring and Protection of Content,” Section 6 “Term and Termination,” Section 8 “Warranty and Indemnification,” and Section 12 “Miscellaneous” and the Privacy Policy. If your Account or access to the Service is terminated, you may no longer have access to the Content you posted on the Service. Upon termination, Timeless Expressions may remove and discard your Content from the Site. Timeless Expressions will not be liable to you or any third party for any termination of your Account or your access to the Service.
7. Links to Third Party Sites.
Our Site may contain links to third party web sites. The linked sites are not part of the Site and are not under our control. Consequently, we are not responsible for the accuracy, legality, decency, availability or content of any linked site or any link contained in a linked site, or any changes or updates to such sites. We provide the links to you only as a convenience, and we do not endorse the linked site or its use or contents. You use the links at your own risk. You hereby irrevocably waive any claim against us with respect to such sites.
8. Warranty and Indemnification.
a. Limited Warranty. Timeless Expressions provides the Service “as is” and “as available” to the maximum extent permitted by law. Your use of the Service is at your own risk. If the prints, frames or other products purchased through the Site are of an unacceptable quality, our sole obligation, and your sole remedy, will be for Timeless Expressions to replace them upon return of the non-conforming products; provided, however, that (i) no returns will be accepted without a return authorization number, (ii) all returned merchandise must be received in saleable condition and returned in the original shipping cartons, (iii) we reserve the right to charge a 15% restocking charge, and (iv) all claims must be made within 10 days after receipt. We accept no responsibility for glass broken in transit. The common carrier assumes all responsibility for delivery of merchandise. All claims for damages must be filed directly with the freight company.
b. Indemnification. To the maximum extent permitted by law, you agree to indemnify and hold Timeless Expressions, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates (“Indemnified Persons”), harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees and expenses), made against Timeless Expressions by any third party due to or arising out of or in connection with your use of the Site.
c. Warranty Disclaimer. EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, TIMELESS EXPRESSIONS MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE OR THE CONTENT INCLUDED IN THE SERVICE. TIMELESS EXPRESSIONS MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, SECURE, OR TIMELY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TIMELESS EXPRESSIONS EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING, TRADE, USAGE OR PERFORMANCE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, AND THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. WE URGE YOU TO KEEP BACKUP COPIES OF YOUR PERSONAL CONTENT THAT YOU MAINTAIN ON OR USE WITH THE SERVICE. IF YOUR USE OF THE SERVICE RESULTS IN THE NEED FOR SERVICING OR REPLACING PROPERTY, MATERIAL, EQUIPMENT OR DATA, WE ARE NOT RESPONSIBLE FOR ANY RESULTING COSTS OR DAMAGES.
d. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NONE OF THE INDEMNIFIED PERSONS ARE LIABLE TO YOU OR ANY OTHER PERSON FOR INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, STATUTORY, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF PRIVACY, LOSS OF GOODWILL OR ANY OTHER LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY TO YOU OF THE INDEMNIFIED PERSONS EXCEED, IN TOTAL, THE AMOUNTS PAID BY YOU TO US.
e. Disclaimer. MANY JURISDICTIONS HAVE LAWS PROTECTING CONSUMERS AND OTHER CONTRACTING PARTIES, LIMITING THEIR ABILITY TO WAIVE CERTAIN RIGHTS AND RESPONSIBILITIES, INCLUDING, WITHOUT LIMITATION, DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES, SO SUCH DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU. TIMELESS EXPRESSIONS RESPECTS SUCH LAWS. NOTHING HEREIN SHALL WAIVE ANY RIGHTS OR RESPONSIBILITIES THAT CANNOT BE WAIVED.
9. Conditions of Sale and Payment Terms.
a. Prior to the purchase of any goods or services on our Site, you must provide us with a valid credit card number and associated payment information. Any such information will be treated as described in our Privacy Policy. All information that you provide to us or our third party payment processor must be accurate, current and complete. By submitting that information to us, you hereby agree that you authorize us to charge your card, and you hereby represent and warrant that you have the legal right to use the credit card(s) or other payment means used to initiate the transaction. All sales of products and services are final. All charges from those sales are nonrefundable.
b. 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 in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. If Timeless Expressions does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by Timeless Expressions or its agents. Verification of information applicable to a purchase may be required prior to our acceptance of any order.
c. Although we make reasonable efforts to display our products for sale on the Site as accurately as possible, we cannot guarantee that the colors you see on computer screen will match the colors on the actual product.
d. Any products derived from your Content will depend on the quality and resolution of the Content. You hereby acknowledge that we are not responsible for quality deficiencies resulting from your Content.
e. Title and risk of loss for any purchases pass to you upon our delivery to the carrier. We will charge you for purchases upon shipment. We reserve the right to ship partial orders (at not additional cost to you), and the portion of any order that is partially shipped may be charged at the time of shipment.
f. WE RESERVE THE RIGHT, AT ANY TIME, TO CHANGE OUR PRICES AND BILLING METHODS FOR PRODUCTS OR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR BY E-MAIL DELIVERY TO YOU.
10. Notices and Contact Information.
Except as otherwise provided in these Terms, Timeless Expressions will give you any notices, and you hereby authorize Timeless Expressions to send notices (including notice of subpoenas or other legal process, if any), via electronic mail to the email address that we have on record for you. You will be considered to have received a notice when sent by Timeless Expressions via electronic mail, whether or not received by you. Timeless Expressions may provide notice to any email or other address that you provide to us. You must keep your address current and any notice sent by Timeless Expressions to the address that you have most recently provided is effective notice. Any notice you provide to us must be sent by mail to Timeless Expressions, LLC, P.O. Box 28, Watertown, NY 13601, Attn: Customer Service.
11. Amendments.
a. Changes to Terms. At any time and for any reason, Timeless Expressions may change or update these Terms, which includes the Privacy Policy and any other agreement that is incorporated by reference into these Terms, without notice to you. Any change or update made by us will be prospective only. You can always find the most recent version of the Terms here. In case of inconsistencies between these Terms and any materials provided off-line, these Terms will always control.
b. Your Obligation to Stay Current. It is critical that you keep your email contact information correct and updated with Timeless Expressions at all times. In addition, we encourage you to check back regularly to review these Terms.
c. Changes to Service. We reserve the right to modify or discontinue, and restrict or block access to, the Service without notice to you. We may modify or remove any Content from the Service at any time without notice to you, including removal of Content that we believe to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable. We are not liable for any such modification, suspension, discontinuance or removal, and any such action by us will not affect Timeless Expressions’ license to your Content as stated in Section 3 above
12. Miscellaneous.
a. Agreement to Conduct Transactions Electronically. All of your transactions with or through the Service may, at our option, be conducted electronically from start to finish. If the law allows you to withdraw this consent or if we are ever required to deal with you non-electronically, we reserve the right to charge or increase fees and you agree to print or make an electronic copy of the Terms and any other contract or disclosure that we are required to provide to you.
b. Interpretation. The paragraph headings in these Terms are included to help make these Terms easier to read and have no binding effect. As used in these Terms, the words “include” and “including” are meant to be illustrative and not exhaustive.
c. No Agency; No Third Party Beneficiary. These Terms do not create any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship. Except for the Indemnified Persons, there are no third party beneficiaries of these Terms.
d. Severance. If any part of the Terms is held by a court of competent jurisdiction to be invalid or unenforceable, the invalid or unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full effect, provided that the allocation of risks described in these Terms is given effect to the fullest extent possible.
e. Assignment. These Terms are personal to you and you may not transfer, assign or delegate them to anyone without the express written permission of Timeless Expressions. Any attempt by you to assign, transfer or delegate these Terms without the express written permission of Timeless Expressions will be null and void. Timeless Expressions has the right to transfer, assign and delegate these Terms to one or more third parties without your permission.
f. Jurisdiction; Choice of Law; Export Limitations. This Service is controlled by us from our offices in the United States of America and is directed to U.S. users. If you access the Service from locations outside the U.S., you do so at your own risk and you are responsible for compliance with applicable local laws. You may not use or export anything from the Service in violation of U.S. export laws and regulations or the Terms. These Terms and all performances and claims of every nature between us are governed by the laws of the State of New York, U.S.A., without regard to any conflicts of laws principles that would result in the application of the law of a different jurisdiction. You and Timeless Expressions submit to the exclusive personal jurisdiction and venue of the state and federal courts located within Onondaga or Jefferson Counties, New York.
g. Limitations on Actions. Any action concerning any dispute with respect to the Service must be commenced within one year after the cause of the dispute arises, or the cause of action is barred.
h. Entire Agreement. These Terms comprise the entire agreement between you and Timeless Expressions with respect to the use of the Service and supersede all contemporaneous and prior agreements between the parties regarding the subject matter contained herein.
i. No Waiver. The failure of any party to exercise or enforce any right or provision of these Terms, including any failure to act with respect to a breach, will not constitute a waiver of such right or provision or that party’s right to act with respect to subsequent or similar breaches. We suggest that you print out a copy of these Terms for your records.
13. Additional or Required Notices.
a. Notice Regarding Trademarks. The trademark Timeless Expressions® is the subject of a federal registration owned by LCO Destiny, LLC and is used under license by Timeless Expressions, LLC. This trademark and any other trademarks or service marks used in the Service are owned or used under license by Timeless Expressions and its affiliated organizations. The names of third parties and their products used in the Service may be their trademarks. The use of any such trademark or service mark without the express written consent of Timeless Expressions or its licensors, as applicable, is strictly prohibited. All rights are reserved
b. Notice Regarding Copyrights. Timeless Expressions respects the intellectual property rights of others and requests that users of the Service do the same. In accordance with the Digital Millennium Copyright Act of 1998 (DMCA), if you believe that your work is being used on the Service in a way that constitutes copyright infringement, you may notify us at Timeless Expressions, LLC, P.O. Box 28, Watertown, NY 13601, Attn: Customer Service. Please provide the following information:
· the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf;
· identification of the copyrighted work that you claim has been infringed;
· identification of the material that is claimed to be infringing and information reasonably sufficient to permit Timeless Expressions to locate the material (for example, by providing a URL to the material);
· your name, address, telephone number and email address;
· a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
· a statement that the information in your notification is accurate and a statement, made under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
It is our policy to terminate in appropriate circumstances any Account or user for repeated infringement of intellectual property rights, including copyrights, and we also reserve the right to terminate an Account or user for even one instance of infringement. Timeless Expressions may access, preserve and disclose to third parties any of your information or data (including personally identifiable information and private communications) related to a written complaint of copyright infringement if we believe in our sole discretion that such access, preservation, or disclosure is necessary or useful to respond or otherwise address such complaint.
c. Notice of Availability of Filtering Software. We do not believe that the Site contains materials that would typically be the subject of filtering software and minors are not authorized to visit our Site. Nevertheless, all users are hereby informed that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors. A report detailing some of those protections can be found at http://www.ntia.doc.gov/.../index.html (Children’s Internet Protection Act: Report on the Effectiveness of Internet Protection Measures and Safety Policies).
d. No Harvesting or Dictionary Attacks Allowed. We will not give, sell, or otherwise transfer addresses maintained by us to any other party for the purposes of initiating, or enabling others to initiate, electronic mail messages except as authorized by law or appropriate personnel or policies. Except for parties authorized to have such addresses, persons may violate federal law if they: (1) initiate the transmission to our computers or devices of a commercial electronic mail message (as defined in the U.S. "CAN-SPAM Act of 2003") that does not meet the message transmission requirements of that act; or (2) assist in the origination of such messages through the provision or selection of addresses to which the messages will be transmitted.
Thanks for visiting our Site! We hope that your experience here is enjoyable and that you will return often. If there is anything further we can do to help meet your framing and photo needs, please let us know!
Effective: July 29, 2009