Introduction
Welcome to Kendallsphotoframes.com. This Site is provided by Kendalls Photo Frames (referred to throughout this Site as ” Kendallsphotoframes.com “) as a service to our customers. Please review the following basic rules that govern your use of the Kendallsphotoframes.com site. Please note that your use of the Kendallsphotoframes.com site constitutes your unconditional agreement to follow and be bound by these Terms of Use. Although you may “bookmark” a particular portion of this Site and thereby bypass these Terms of Use, your use of this Site still binds you to these Terms of Use. KENDALLSPHOTOFRAMES.COM reserves the right to update or modify these Terms of Use at any time without prior notice to you. For this reason, we recommend that you review these Terms of Use whenever you use this Site.
Use of this Site
By accepting these Terms of Use through your use of the Site, you certify that you are 18 years of age or older. If you are under the age of 18 but at least 13 years of age you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use Kendalls Photo Frames does not knowingly collect personal information about children under the age of 13 without prior parental consent. Children under the age of 13 may not use this Site other than for browsing, and parents or legal guardians may not agree to these Terms of Use on their behalf. If you are a parent or legal guardian agreeing to these Terms of Use for the benefit of a child between the ages of 13 and 18, be advised that you are fully responsible for his or her use of this Site, including all financial charges and legal liability that he or she may incur.
If you do not agree to (or cannot comply with) any of these terms and conditions, do not use this Site. All billing and registration information provided must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of these Terms of Use. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s) requested.
All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Site (collectively, the “Contents”) are intended solely for personal, non-commercial use. You may not download or copy the Contents and other downloadable materials displayed on the Site. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this Site is the property of KendallsPhotoFrames.com or its suppliers and protected by U.S. and international copyright laws. The Contents and software on this Site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Site is strictly prohibited.
Third Party Sites: References on this Site to any names, marks, products or services of third parties, or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply KendallsPhotoFrames.com endorsement, sponsorship or recommendation of the third party, its information, products or services. KENDALLSPHOTOFRAMES.COM is not responsible for the practices or policies of such third parties, nor the content of any third party sites, and does not make any representations regarding third party products or services, or the content or accuracy of any material on such third party sites. If you decide to link to any such third party sites, you do so entirely at your own risk.
Site Security
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing” or “crashing;” (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. KendallsPhotoFrames.com will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from KendallsPhotoFrames.com on this Site and other than generally available third party web browsers (e.g., Netscape Navigator or Microsoft Explorer).
Order Acceptance
Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. For your convenience, you will not be charged until your payment method is authorized, the order information is verified for accuracy and your order is shipped. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge. Orders are generally shipped within 72 hours of order being received excluding Saturday and Sunday. Payments are automatically processed the day payment is received. Timing for custom orders average 10 – 14 business days. Custom orders are NONREFUNDABLE and payment DUE at time artwork is provided.
Pricing and Content Information
While KendallsPhotoFrames.com strives to provide accurate pricing information, pricing or typographical errors may occur. KendallsPhotoFrames.com cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price due to an error in pricing, KendallsPhotoFrames.com shall have the right, at KendallsPhotoFrames.com sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mispriced, KendallsPhotoFrames.com may, at KendallsPhotoFrames.com discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
In our effort to be the lowest price provider in your particular geographic region. We strive to maintain highly competitive prices and review them regularly in order to serve you with great values, every day.
Merchandise Content: KendallsPhotoFrames.com attempts to be accurate in its product descriptions. However, KendallsPhotoFrames.com does not warrant that product descriptions or other Content of this Site is accurate, complete, reliable, current, or error-free. If you find a product is not as described, your sole remedy is to return it in unused condition.
Quantity Limits and Dealer Sales
KendallsPhotoFrames.com reserves the right, at our sole discretion, to limit the quantity of items purchased per person, or per order. These restrictions may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied. KendallsPhotoFrames.com also reserves the right, at our sole discretion, to prohibit sales to dealers or resellers.
Copyrights and Trademarks
Unless otherwise noted, all Contents are copyrights, trademarks, and/or other intellectual property owned, controlled or licensed by KendallsPhotoFrames.com, one of its affiliates or by third parties who have licensed their materials to KendallsPhotoFrames.com and are protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Site is the exclusive property of KendallsPhotoFrames.com and is also protected by U.S. and international copyright laws.
KendallsPhotoFrames.com and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of KendallsPhotoFrames.com’s or any third party’s intellectual property rights.
The KendallsPhotoFrames.com names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Kendalls Photo Frames. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner.
User Reviews, Feedback, Submissions
For all reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to KendallsPhotoFrames.com on or through this Site, by e-mail or telephone, or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the “Comments”) you grant KendallsPhotoFrames.com a royalty-free, irrevocable, transferable right and license to use the Comments however KendallsPhotoFrames.com desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such Comments and/or incorporate such Comments into any form, medium or technology throughout the world.
KendallsPhotoFrames.com will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. KendallsPhotoFrames.com is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments. You agree that any Comments submitted by you to the Site will not violate the terms in this Terms of Use or any right of any third party, including without limitation, copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”.
KendallsPhotoFrames.com does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Site. You grant KendallsPhotoFrames.com the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify KendallsPhotoFrames.com and its affiliates for all claims resulting from any Comments you submit. KendallsPhotoFrames.com and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.
Use of Widgets Available on Our Site
As part of our Site, there may be links available to you for use and display on your website or personal page (the “Widgets”). We grant you a revocable, non-exclusive, worldwide, royalty-free license for the duration of the term of these Terms of Use, solely for purposes of facilitating referrals from your site or personal page to the KENDALLSPHOTOFRAMES.COM Site, to display Widgets on your site. Without limiting other remedies, we may limit, suspend or terminate this license and/or your right to access or display Widgets at any time for any reason, including but not limited to your display of Widgets on a site or in a manner that we deem unacceptable for any reason.
Except for the license granted herein, you do not obtain any rights under these Terms of Use in any intellectual property, including, without limitation, any intellectual property with respect to the Widgets, link formats, technical specifications, guidelines or graphical artwork, or with respect to the KendallsPhotoFrames.com domain name. For avoidance of doubt, the foregoing license does not grant you any right to use any KendallsPhotoFrames.com trademarks, service marks, trade names, domain names, or other proprietary logo or indicia (collectively “Trademarks”) except as such Trademarks may be included by us within the default configuration of a Widget.
In connection with your use and display of Widgets, you will: (a) use any data, images, text, or other information obtained by you from us (“Widget Content”) only in a lawful manner and only in accordance with the terms of these Terms of Use; (b) not modify or alter Widgets; (c) not sell, redistribute, sublicense or transfer any Widget Content; and (d) not use or display Widgets or any Widget Content in a manner intended to send sales to any site other than the KENDALLSPHOTOFRAMES.COM Site. You will not display Widgets on any sites or pages that:
1. Promote sexually explicit material
2. Promote violence or hate toward any persons or groups;
3. Promote illegal activities;
4. Promote alcohol, tobacco, gambling/lottery in any way;
5. Promote the use of pyramid, “ponzi”, or similar investment schemes;
6. Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
7. Contain, in our sole judgment, material that is defamatory, fraudulent, or harassing to us or any third party;
8. Contain blogging of any form;
9. Include ” Kendalls Photo Frames”, ” KendallsPhotoFrames.com ” or variations or misspellings thereof in their domain names;
10. Otherwise violate intellectual property rights of KendallsPhotoFrames.com , Kendalls Photo Frames or its suppliers; or
11. Disparage KendallsPhotoFrames.com , Kendalls Photo Frames , Kendalls Photo Frames affiliates, or their suppliers;
Colors
We have made significant efforts to accurately display the colors of our products that appear on the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.
Indemnification
You agree to defend, indemnify and hold harmless KendallsPhotoFrames.com and its affiliates from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site or any breach by you of these Terms of Use.
Termination
These Terms of Use are effective unless and until terminated by either you or KENDALLSPHOTOFRAMES.COM. You may terminate these Terms of Use at any time, provided that you discontinue any further use of this Site KENDALLSPHOTOFRAMES.COM also may terminate these Terms of Use at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in KENDALLSPHOTOFRAMES.COM sole discretion you fail to comply with any term or provision of these Terms of Use. Upon any termination of these Terms of Use by either you or KENDALLSPHOTOFRAMES.COM, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the Terms of Use or otherwise. The following sections shall survive any termination of these Terms of Use: “Comments,” “Site Security,” “Pricing and Content Information,” “Quantity Limits and Dealer Sales,” “Export Policy,” “Copyrights and Trademarks,” ” User Reviews, Feedback and Submissions,” “Indemnification,” “Termination,” “Disclaimer” “Limitation of Liability,””Privacy” and “General.”
Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL KENDALLSPHOTOFRAMES.COM OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE KENDALLSPHOTOFRAMES.COM WEB SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF KENDALLSPHOTOFRAMES.COM HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL KENDALLSPHOTOFRAMES.COM BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITE DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
WARRANTY
THIS SITE IS PROVIDED BY KENDALLS PHOTOFRAMES.COM AN “AS IS” AND “AS AVAILABLE” BASIS. KENDALLS PHOTO FRAMES WARRANTIES ARE 30 DAYS FROM THE DATE OF DELIVERY. WARRANTIES ARE ONLY COVERED BASED ON A DEFECT FROM THE MANUFACTURE. DEFECTIVE PRODUCTS MUST BE RETURNED TO KENDALL PHOTO FRAMES. CUSTOMER MAY BE REQUIRED TO PAY RETURN SHIPPING COST. RESPONCEIABILITY OF SHIPPING WILL BE DETERMINED BY KENDALLS PHOTO FRAMES. THERE IS NO RETURN ON NON DEFECTIVE ITEMS. ALL RETURNS ARE AT THE DESCRISSION OF KENDALLS PHOTO FRAMES.
Guest Checkout
Guest Checkout is a feature on KENDALLSPHOTOFRAMES.COM that allows you to make purchases from our site without creating or using an account. While using Guest Checkout, you will be required to enter the following information: First and last name, year of birth, billing and shipping addresses, telephone number, credit card information and an email address where we can send order and shipping notifications. This information will not be saved on our site and you will have to re-enter it every time you use Guest Checkout.
General
These Terms of Use represent the complete agreement between the parties and supersede all prior agreements and representations between them. Headings used in these Terms of Use are for reference purposes only and in no way define or limit the scope of the section. If any provision of these Terms of Use is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of these Terms of Use shall remain in full force and effect. The failure of KENDALLSPHOTOFRAMES.COM to act with respect to a breach of these Terms of Use by you or others does not constitute a waiver and shall not limit KENDALLSPHOTOFRAMES.COM rights with respect to such breach or any subsequent breaches. These Terms of Use shall be governed by and construed under Tennessee law without regard to conflicts of law provisions. Any action or proceeding arising out of or related to these Terms of Use or your use of this Site must be brought in the state or federal courts of Tennessee Knox County and you consent to the exclusive personal jurisdiction of such courts.
Changes to the KENDALLSPHOTOFRAMES.COM Terms of Use
The Terms of Use was last updated on May 16th 2011. Please check our Terms of Use periodically for changes.
