Welcome to the STEVE HORN web site, (the "Web Site"). The following Terms of Use govern your use of the Web Site and PFF’s services as defined below. Use of the PerfectForFraming.com Web Site constitutes acceptance of these Terms of Use.
STEVE HORN, Perfect for Framing, LLC, PerfectForFraming.com and its affiliates, including Steve and Linda Horn and Horn (collectively “PFF”) reserve the right to add, delete and/or modify any of the terms and conditions contained in these Terms of Use, at any time and in PFF’s sole discretion, by posting a change notice or a new agreement on the PerfectForFraming.com Web Site. If any modification is unacceptable to you, your only recourse is to not use the Web Site and the PerfectForFraming.com services. Your continued use of the PerfectForFraming.com Web Site following posting of a change notice or new Terms of Use will constitute binding acceptance of the changes.
1. The STEVE HORN Web Site
1.1 STEVE HORN solely and exclusively owns all intellectual property and other rights, title and interest in and to PerfectForFraming.com and all images and photographic prints available through the Web Site. You will not acquire any right, title or interest therein under these Terms of Use except as provided herein or as set forth in a written License Agreement.
1.2 STEVE HORN may use third parties to provide certain services accessible through the Web Site. PFF does not control those third parties or their services, and you agree that PFF will not be liable to you in any way for your use of such services.
2. General Rules.
2.1 Prohibited Use. You may only use the PerfectForFraming.com Web Site as expressly permitted by PFF. You may not cause harm to the Web Site. Specifically, but not by way of limitation, you may not: (i) interfere with the PerfectForFraming.com and its services by using viruses or any other programs or technology designed to disrupt or damage any software or hardware; (ii) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the PerfectForFraming.com services (iii)copy pages from the Web Site; (iv)collect electronic mail addresses or other information from third parties by using the PerfectForFraming.com Web Site; (v) impersonate another person or entity; (vi) use any meta tags, search terms, key terms, or the like that contain PerfectForFraming.com's name or trademarks; (vii) engage in any activity that interferes with another user's ability to use or enjoy PerfectForFraming.com; or (viii) assist or encourage any third party in engaging in any activity prohibited by these Terms of Use.
2.2 Privacy Policy. By entering into these Terms of Use, you agree to PerfectForFraming.com's collection and use of your personal information in accordance with the Privacy Policy.
2.3 Ordering Policies. If you purchase Products, you agree to do so in accordance with PerfectForFraming.com's Ordering Policy.
3. Representations and Warranties.
You represent and warrant to PFF that, in your use of the PerfectForFraming.com Web Site and services, you (1) will not infringe the copyright, trademark, patent, trade secret, right of privacy, right of publicity or other legal right of PFF or any third party and (ii) will comply with all applicable laws, rules, and regulations.
4. Disclaimers and Exclusions.
4.1 DISCLAIMER OF WARRANTIES. PFF PROVIDES THE WEB SITE AND PERFECTFORFRAMING.COM SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS. PFF DOES NOT REPRESENT OR WARRANT THAT THE WEB SITE, PERFECTFORFRAMING.COM (i) WILL BE UNINTERRUPTED, (ii) WILL BE FREE OF INACCURACIES OR ERRORS, (iii) WILL MEET YOUR REQUIREMENTS, OR (iv) WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. PFF MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TERMS OF USE, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
4.2 EXCLUSION OF DAMAGES. PFF WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE PERFECTFORFRAMING.COM SERVICES, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
5. Limitation of Liability for Defective Photographic Prints.
PFF’s liability is limited to the replacement of the print for a defect in the print preparation. PFF is proud of its care in the preparation of prints and does not anticipate any problems. If you believe there is a defect in the print, provided you have obtained written authorization from us to make a return, a replacement print will be shipped after the defective print is returned at PFF’s expense.
6. Indemnification.
You will indemnify, defend and hold harmless PFF, its affiliates, subsidiaries, employees, managers, members, directors, officers, shareholders, successors, assigns, parents, licensors, suppliers, and their agents (collectively, "Affiliates") against all claims, liabilities, damages, costs and expenses, including reasonable legal fees and costs incurred in connection with any third-party claim, demand or action ("Claim") brought against any of the Affiliates alleging that you have breached any of these Terms of Use through any act or omission. If you have to indemnify the Affiliates under this Section, the Affiliates will have the right to control the defense, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without the Affiliates’ express written permission.
7. Termination.
7.1 Termination. PerfectForFraming.com may suspend or terminate your use of the Web Site or PerfectForFraming.com services if it believes, in its sole and absolute discretion, that you have breached a term of these Terms of Use.
7.2 Survival. Notwithstanding Section 7.1 above, these Terms of Use will survive indefinitely unless and until PerfectForFraming.com chooses to terminate them.
8. Notice.
All notices required or permitted to be given under these Terms of Use will be in writing and delivered to the other party by electronic mail. If you give notice to PerfectForFraming.com, you must use the following address: Info@PerfectForFraming.com. If PerfectForFraming.com provides notice to you, PerfectForFraming.com will use the contact information provided by you. All notices will be deemed received 24 hours after the message was sent, if no "system error" or other notice of non-delivery is generated. If applicable law requires that a given communication be "in writing," you agree that email communication will satisfy this requirement.
9. Dispute Resolution.
All disputes arising out of, relating to or connected with these Terms of Use or your use of any part of the PerfectForFraming.com service, including but not limited to the purchase of photographic prints or digital images (as more fully set forth below) from PFF will be exclusively resolved under confidential binding arbitration held in New York City, NY before and in accordance with the Rules of the American Arbitration Association, by a sole arbitrator applying New York law without reference to conflict of law principles. The arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction. The arbitrator shall award costs, reasonable legal fees, witness fees, and arbitration fees to the prevailing party. Notwithstanding anything to the contrary in this Section 9, PerfectForFraming.com and its Affiliates may seek equitable relief, including, without limitation, injunctive relief and specific performance, without the requirement of posting a bond or other security or proving money damages are insufficient, from a court of competent jurisdiction.
10. Miscellaneous.
10.1 These Terms of Use will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of New York without reference to conflict of law principles. No failure or delay by a party in exercising any right, power or privilege under these Terms of Use will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. The invalidity or unenforceability of any provision of these Terms of Use will not affect the validity or enforceability of any other provision of these Terms of Use, all of which will remain in full force and effect.
10.2 Variation in Computer Monitors and Sample Online Framing. Due to the variation in computer monitors, PFF cannot guarantee the exact colors of PFF’s photographic prints to the way they display on your computer monitor. Also, the framing shown is only a representation of the actual piece. Proportions, color and/or exact cropping may vary slightly.
10.3 Insurance/Packaging/Shipping of Photographic Prints. All prices quoted include insurance, packaging and shipping to the zip code you have entered. Additional charges will be added for shipments outside of the United States. ALL SHIPPING TIMES ARE BETWEEN 2 TO 5 WEEKS, DEPENDING ON PFF’S WORKLOAD.
10.4 Payment & Currency. To order your selected photographic print, it must be paid for in full at the time of ordering. We accept MasterCard/Visa, and American Express.
10.5 Returns of Photographic Prints. All PFF’s photographic prints are custom printed to order. The following return policy applies (except for defective prints as set forth in Section 5 and prints received in damaged condition as set forth in Section 10.6 below): Customers may return any photographic print for a refund, less a 25% restocking charge, for any reason within 10 days of receipt, provided the print is shipped in the original packing materials and shipping and insurance costs are paid by the customer.
10.6 Receiving damaged shipping tubes, flat cardboard boxes or wooden crates. Always inspect the shipping carton before you open it. If there is damage to the carton, carefully open the carton and check the print for damage. If the print is damaged, contact PFF at once and the delivery company to arrange for an inspection and further instructions.
10.7 Prohibited Use of Prints. You may not scan, copy, reprint or duplicate any photographic print obtained from PFF.
10.8 Copyright Notice. You may not transmit, mirror, modify or re-distribute any images or text from this site without the express prior written permission of Perfect for Framing, LLC. All Images ©2006 Horn. All Rights Reserved.
PERFECT FOR FRAMING STOCK IMAGE LICENSING TERMS AND CONDITIONS
The provisions of the forgoing Terms of Use are incorporated herein as though set forth fully at length. You are bound by the terms of Section 9 in the event of any dispute.
Definitions:
“Image(s)” shall mean digital photographs or any other visual representation regardless of whether the Image(s) are obtained via download from PFF’s web site, received by e-mail, attachment, or delivered via any storage media (CD, DVD, disk, etc.) that is now known or may become known in the future, together with all accompanying metadata and other material.
“License Agreement” means a written hard copy or electronic agreement that grants usage rights for a stated fee to an Image identified by image number or name.
“User” shall mean the individual, legal entity or agent entering into a license agreement or any employee or contractor of such individual, legal entity or agent that edits, manipulates or modifies the Images or is otherwise directly involved in the creative process including, but not limited to, photo editors, photo researchers, photographers, art directors or designers. All users shall only use the Images in accordance with the terms set forth herein and in a License Agreement.
“You” shall mean a single: (i) individual, (ii) legal entity (corporation, partnership, LLC, sole proprietorship, etc.), or (iii) agent acting on behalf of a single individual or entity.
11. Copyright:
All Image(s) are copyrighted and protected under the various laws of the United States, International treaties and other applicable laws. All Image(s) shall remain the sole and exclusive property of PFF, its licensors, including Steve & Linda Horn a/k/a Horn. Use of the Images is licensed, not sold, pursuant to the terms of a License Agreement. Use of the Images without agreeing to the License Agreement, or in breach of its terms, is copyright infringement.
12. Permitted Uses. Unless you and PFF have agreed in a separate written agreement to commercial use of an Image and you have paid for such use, you may only use the Image(s) for personal, non-commercial use. Images are licensed for one time use on a non-exclusive basis unless otherwise agreed in writing. Usage is strictly limited to the restrictions specified in the separate License Agreement. Any commercial use will only be permitted by separate written agreement.
13. Prohibited Uses: Under all circumstances you may NOT:
13.1. Sublicense, distribute, loan, rent, sell, assign or otherwise transfer the Image(s) or rights to the Image(s).
13.2. Reverse engineer, decompile, translate, or disassemble any part of the Image(s).
13.3. Copy, reproduce or use the Image(s), except as specifically provided for in the License Agreement.
13.4. Remove any copyright, trademark or watermark from any place where it appears on the Image(s).
13.5. Display the Image(s) in any digital format or for any digital use at a resolution greater than 300 x 450 pixels. Doing so will be viewed as an attempt to distribute the Image(s) in violation of this Agreement.
13.6. Use the Image(s) to compete with PFF. PFF is in the business of licensing images to its customers. It is the specific intent of this provision to prohibit you from using the Image(s) to enter, either directly or indirectly, a similar or competing business.
13.7. Use the Image(s) in a product or service whereby the Image(s) can be used apart from a product or service unless specified in a writing signed by the Licensee and PFF.
13.8. Use the Images(s) in any downloadable format intended for multiple distribution including, without limitation, Web site templates, software products, e-greetings, etc., unless specified in a writing signed by the Licensee and PFF.
13.9. Use the Image(s) in any way that could be considered defamatory, pornographic, libelous, immoral, obscene, fraudulent, or illegal, either by making physical changes to it in the juxtaposition to accompanying text or images, or otherwise.
14. Additional Terms.
14.1 PFF reserves the right to (i) not permit use of any Image(s) for any reason whatsoever; and (ii) notify you that certain Image(s) are no longer available for use. Upon such notification, the license to use such Image(s) shall automatically and immediately terminate.
14.2 All other rights not expressly granted to you are reserved solely for PFF.
14.3 PFF requires the copyright notice “© 2006 Horn” appear adjacent to the Image(s) or on a credit page.
14.4 PFF reserves the right to replace Image(s) with an alternative Image for any reason. Upon notice of such replacement, the license for the replaced Image(s) immediately, and automatically, terminates for any use of the Image(s) that does not already exist, and the License Agreement shall automatically apply to any replacement Image(s). You agree not to use any replaced Image(s) with future products or services and you shall take all reasonable steps to discontinue use of the replaced Image(s) in existing products or services.
15. Payment Terms.
You agree to pay all Image(s) license fees and no rights are granted under this Agreement until all payments are made in full. Payment may be made by any of the methods set forth in Section 10.4. Any claims for adjustments must be made to PFF within five (5) days of billing. No refunds are given in the event of cancellation by you.
16. Termination.
16.1. The License Agreement is effective until it is terminated.
16.2 The License Agreement will terminate automatically, without notice from PFF, if you fail to comply with any provision of the License Agreement.
16.3 You can terminate your License Agreement by destroying/deleting all digital Image(s), along with any copies or archives and any CD-ROM or accompanying materials (if applicable), and ceasing all use of the Image(s) for any purpose and returning to PFF any hard copies or archives. Such termination shall not effect your payment obligations.
16.4 PFF may, in its sole discretion: (i) track any abuse of your username and password, (ii) suspend or terminate your account, without notice, if PFF believes there is a violation of this Agreement and/or any abuse of your username and password.
16.5 Upon termination of the License Agreement, you agree to (i) destroy all copies and archives of the Image(s), (ii) cease using the Image(s) for any purpose, and (iii) confirm to PFF in writing that you have complied with these requirements.
17. WARRANTY AND LIMITATION OF LIABILITY.
17.1. THE IMAGE(S), STORAGE MEDIA AND ACCOMPANYING MATERIALS (IF APPLICABLE) ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. PFF GRANTS NO RIGHTS OR WARRANTIES WITH RESPECT TO THE USE OF NAMES, TRADEMARKS, LOGO TYPES, COPYRIGHTED DESIGNS OR WORKS OF ART OR ARCHITECTURE DEPICTED IN ANY IMAGE, AND THE USER MUST SATISFY ITSELF THAT ALL NECESSARY RIGHTS, CONSENTS, OR PERMISSIONS AS MAY BE REQUIRED ARE OBTAINED. PFF DOES NOT WARRANT THAT THE IMAGE(S), WEB SITE OR OTHER MATERIALS, WILL MEET YOUR REQUIREMENTS OR THAT USE WILL BE UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE QUALITY, PERFORMANCE AND USE OF THE IMAGE(S) IS SOLELY WITH YOU. YOU UNDERSTAND THAT YOU SHOULD SEEK COUNSEL BEFORE USING IMAGES ON OR IN CONNECTION WITH ANY GOODS OR SERVICES OR FOR ANY OTHER COMMERCIAL PURPOSES. PFF SHALL NOT BE LIABLE TO YOU OR TO ANY OTHER ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF YOUR USE OF THE IMAGE(S), PFF’s BREACH OF THIS AGREEMENT OR OTHERWISE, EVEN IF PFF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES. IN NO EVENT, SHALL PFF’s TOTAL AGGREGATE LIABILITY TO YOU, OR TO ANY THIRD PARTY CLAIMING THROUGH YOU, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE IMAGE(S) (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE MONETARY AMOUNT ACTUALLY RECEIVED BY PFF FOR YOUR USE OF THE APPLICABLE IMAGE(S).
17.2 You represent, warrant and covenant that:
17.3 You are at least eighteen years of age and have the full right and authority to enter into a License Agreement on behalf of you and/or your company, employer or principal;
17.4 You do not reside in any country to which export of US products are prohibited or restricted and you may not ship, transfer or export any of the Images into any country or use any of the Images in any manner prohibited by any laws, restrictions or regulations;
17.5 You will not use the Image(s) in any way that is prohibited by the License Agreement;
17.6 Your use of the Image(s) will not violate any applicable law or regulation of any country, state, or other governmental entity;
17.7 The information that you provide to PFF is accurate and true, including, without limitation, all credit card or other payment information and you shall update such information as necessary;
17.8 You shall be solely responsible for your use of the Image(s) and are solely responsible for determining whether your use of any Image(s) requires the consent of any other party or the license of any additional rights. You are solely responsible for obtaining any and all releases and clearances as may be required;
17.9 If you are acting as an agent, you must inform your client/principal of these terms and those of the License Agreement.
18. Limitation of Remedies Regarding Images.
18.1 PFF’s entire liability and your exclusive remedy, with respect to any claims arising out of this Agreement concerning Images shall be at PFF’s sole discretion, either: (i) replacement of Image(s); or (ii) refund of any fee paid for the specific Image(s). Any claims must be brought within three (3) months of the date that you discovered such claim, or reasonably should have discovered such claim, or shall be waived.
19. Assignability.
You may not assign or transfer to anyone else the rights granted to you in this Agreement, without PFF’s prior written consent. PFF may assign or transfer this Agreement in its discretion.
20. Additional rights and/or upgrades may be available. Please contact PFF at 212-794- 1725 if you have any questions.
21. Entire Agreement.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS AND ANY SEPARATE LICENSE AGREEMENT TERMS.
Copyright ©2006 Perfect for Framing, LLC
PRIVACY POLICY
Your privacy is PFF’s utmost concern and your personal information will never be rented or sold to any third party. The information PFF collects is used only for processing your orders, answering your questions, or contacting you with information about PFF’s services or website.
ORDERING POLICY
Ordering Online
You may order from PFF’s secure online webstore 24 hours a day at www.PerfectForFraming.com. You will receive a confirming e-mail for any order placed. If you have any questions, please contact us via email at Info@PerfectForFraming.com or 212-794-1725.
Order by Phone
PFF’s Customer Service Department is at your service 9:00 am to 6:00 pm (EST) Monday through Friday. Call us at 212-794-1725 with your completed order form and credit card ready.
Order by Fax
You may fax your order form to 212-744-0143 day or night, Seven-Days-A-Week. Please be sure to include a call back number for us to confirm your order.