TERMS OF USE

Framkat LP/Framesi North America (‘Framesi” or “we” or “our”) owns and operates the framesicolorlover.com,  framesiglamour.com, and framesiprofessional.com sites (collectively, the “Sites”) as well the Framesi Color Lover mobile application (“App.”).    The following Terms of Use (“Terms”) govern your use of the Sites and App.  Other sites or content owned or controlled by Framesi may have their own terms of use and should be reviewed.  Framesi may offer other promotions, such as sweepstakes and contests, that have their own terms of use or rules.  If any portion of these Terms conflict with special terms of use or rules for a Framesi promotion, the special terms will govern for the promotion unless otherwise stated.

By using the Sites and App., you agree to be bound by these Terms as a legal contract between you and Framesi.  If you do not agree to be so bound, you are not authorized to use the Sites or App.

The Sites and App. are  intended for adults 18 years of age or older.  By accessing the Sites or App., you represent that you are 18 years of age or older.

The main purpose of the Sites and App.  is to provide valuable information on Framesi’s  products.  Other information and services may also be provided on one or more of the Sites and/or through the App.  There are also areas on the Sites where you can sign up for Framesi product update emails, enter sweepstakes, and request free samples of Framesi products.

By using the Sites, you may need to interact with other users.  You are solely responsible for any such interaction and agree to do so in a manner that is legal, respectable, and consistent with these Terms.  Framesi is not responsible for the conduct of any other user who may interact with you, regardless of whether or not it is done through the Sites. 

Changes to Terms ---

Framesi reserves the right to change these Terms at any time without prior notice.  You should review these Terms from time to time.  By continuing to use the Sites or App. after any changes to these Terms are made, you agree to be bound by such amended Terms.  Framesi will highlight any changes in these Terms for 15 days from the date of the change(s).

Privacy Policy ---

Your use of the Sites and App. are also governed by the  Privacy Policy located at http://www.framesicolorlover.com/privacy-policy/.  The  Privacy Policy is incorporated by reference into these Terms.

User Generated Content ---

One or more of the Sites may allow you to upload your own user generated content that may include, among other things, photos, audio clips, text, videos, and graphics (“UGC”).

Any UGC you upload/post to the Sites is done on a non-proprietary and non-confidential basis, and you agree that Framesi has a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display any UGC for the purpose of operating and/or marketing the Sites or any related goods or services offered through the Sites.  This license includes any right of publicity rights that may be present in the UGC. 

Framesi is not required to treat any UGC as confidential.

You further agree that you will not upload/post to the Sites any UGC that infringes the rights, including but not limited to, intellectual property, privacy, publicity, or contract of some other person or entity.  You shall be solely liable for any damages, royalties, or fees resulting from any infringement of rights or any other harm resulting from any UGC you upload/post. 

You further represent and warrant that: (i) you own all right, title, and interest, including the intellectual property rights, to any UGC uploaded/posted by you to the Sites or you have been granted the right by the owner to upload/post the UGC; and (ii) your UGC does not violate the intellectual property rights, privacy rights, publicity rights, contract rights or any other rights of any person or entity. 

Framesi reserves the right to comply and cooperate with any and all legal requirements, legal authorities, and/or law enforcement agencies regarding the investigation of, or request to disclose, information related to your UGC.  By accepting these Terms, you waive and hold harmless Framesi from any claims resulting from any action taken by Framesi during or as a result of Framesi’s investigation and/or from any actions taken as a consequence of investigations by either Framesi or law enforcement.

Please note that Framesi does not accept unsolicited content or ideas you may attempt to transmit to Framesi directly.  As such, we take no responsibility for such transmitted content or ideas.  If you do send Framesi unsolicited content or ideas, you agree that Framesi may use such content and ideas in any way Framesi wishes without any compensation to you.

Intellectual and Other Property ---

Other than the exceptions referenced in these Terms or otherwise noted, the major exception being UGC uploaded/posted by users of the Sites remains the property of the users, all other content on the Sites and App. is the property of Framesi including, but not limited to, all marks, logos, names, text, data, documents, pictures, images, video, audio, graphics, or any other electronic content or files (collectively referred hereafter as “Framesi Content”).

Certain elements of the Sites and App., including but not limited to, text, graphics, photos, images, video, audio, and/or website organization and layout, are copyright protected under United States and international copyright laws and treaty provisions.  No Framesi Content that is protected by intellectual property laws may be copied, republished, posted, modified, edited, transmitted, distributed, used to create derivative works of, or reverse engineered, except that you may print out one copy of each  page solely for personal, non-commercial use.  No right, title, or interest in any of the Framesi Content is transferred to you as a result of you accessing, downloading, or printing such Framesi Content from the Sites.

FRAMESI COLOR LOVER and FRAMESI are marks owned by Framesi’s related company, Framesi S.p.A.

There may be other content on the Sites and App. not owned by Framesi, and you should respect those property rights as well.  All rights not expressly granted herein are reserved to Framesi.

Copyright Infringement Notification ---

If you believe that any content on the Sites infringes your copyright and you want the content removed from one or more of the Sites, please send a detailed message (under the Digital Millennium Copyright Act, the following information must be included in the message) to Framesi’s designated agent for notice of claims of copyright infringement:

(i).   A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(ii).  Identification of the copyrighted work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.

(iii).  Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Framesi to locate the material.

(iv).  Information reasonably sufficient to permit Framesi to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

(v).  A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

(vi).  A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Framesi’s Designated Agent can be contacted at :

NAME:             Designated Agent

EMAIL:            customerservice@framesi-na.com; or

PHONE:           412-269-2950 or;

MAIL:               Framesi North America / 17 Avenue A / Leetsdale Pa 15056

Framesi takes copyright and other intellectual property issues seriously, and will terminate users of the Sites or App. and related accounts connected to valid and repeat copyright or other intellectual property infringement complaints.

If you believe that any other content on the Sites or App. violates or infringes your other, non-copyright intellectual property rights, please send a detailed email to rgartrell@framesi-na.com detailing your allegation.  Framesi takes infringement of intellectual property rights seriously and will investigate the matter.

Links to Third Party Sites ---

The Sites may contain web links to external sites not controlled and/or affiliated with Framesi.  For example, the Sites include several links to Framesi’s social media locations.  If you use these links, you will leave the Sites.  Framesi provides these links to you as a convenience, and therefore Framesi is not responsible for the content at the linked sites, including, without limitation, links displayed on such sites.  The display of any links are not meant to imply that Framesi guarantees, approves, recommends, or endorses the linked sites or any information, content, and/or products/services available on those linked sites.  Framesi is not responsible or liable for any linked sites.  If you access the linked sites, you will be subject to the terms of use and other policies applicable to those sites.  You visit these sites at your own risk and should consult the sites’ policies.

Framesi may also allow interaction between the Sites and other third party sites such as Facebook and other social media sites.  This may include “Like” buttons or other interactions through third party buttons or plugins on the Sites that when used, may allow you to share content from the Sites with other persons on or through the third party sites or elsewhere.  Please consult the privacy policies of these third party sites before using them to make sure you are comfortable with the level of sharing that will take place once you interact with them.  It may be very different than how your UGC and other content is shared on the Sites.  Framesi has no control over these third party sites and you use these interaction functions at your own risk.  Framesi is in no way liable for any harm to you as a result of using one these interaction functions. 

Other Prohibited Conduct ---

In connection with your access and/or use of the Sites or App., you agree not to:

- Violate any federal, state, or local laws or regulations, or promote any of the aforementioned.

- Upload/post anything that imposes an unreasonable or disproportionately large strain on Framesi’s network or computer infrastructure.

- Defame, abuse, harass, bully, or threaten anyone. 

- Upload/post any inappropriate or offensive content or language. 

- Use any automated technology such as a robot, spider, or scraper to access, scrape, or data mine the Sites.

- Attempt to hack into or gain unauthorized access to protected areas of the Sites and/or Framesi’s computers, servers or networks, or to any computers or systems used by other users of the Sites or App.

- Upload/post anything or otherwise use the Sites or App. in a manner that could destroy, damage, or impair any portion of the Sites or any computers, systems, hardware, or software used by Framesi or other  users of the Sites or App.

- Make unauthorized attempts to modify any information stored on the Sites or any computers, systems, hardware, or software used by Framesi.

- Make attempts to defeat or circumvent security features, or to utilize the Sites or App. for any other purpose other than their intended purposes.

- Upload/post any unsolicited or unauthorized advertising or promotional materials, spam emails, chain letters or communications, pyramid schemes, or any other form of such solicitations. 

- Provide false or misleading information when signing up for any account through one or more of the Sites.

- Use the Sites to send spam or unsolicited bulk email.

The previous list of prohibitions is not exclusive.  Framesi reserves the right to terminate your access to the Sites or App. for any reason.  Framesi reserves the right to refuse, delete, or edit any UGC without cause and without notice for any or no reason.  Framesi is under no duty to, and does represent that it will, monitor and/or remove any UGC.

By accepting these Terms, you waive and hold harmless Framesi from any claims resulting from any action taken by Framesi during or as a result of Framesi’s investigation and/or from any actions taken as a consequence of investigations by either Framesi or law enforcement related to your use of the Sites or App.

Disclaimer of Warranties ---

YOUR USE OF THE SITES AND APP. ARE AT YOUR OWN RISK.

FRAMESI MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITES, APP., OR ANY GOODS OR SERVICES OFFERED THROUGH THE SITES OR APP..  FRAMESI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE), INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.  THE DISCLAIMER OF WARRANTIES APPLIES TO THE SITES AND APP., THEIR CONTENT, AND ANY GOODS OR SERVICES OFFERED THROUGH THE SITES OR APP..  FRAMESI DOES NOT WARRANT THAT THE SITES OR APP. WILL FUNCTION CORRECTLY OR CONTENT WILL BE UNINTERRUPTED, TIMELY, OR SECURE.  FRAMESI DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE SITES OR APP., THAT THE SITES AND APP. WILL BE ERROR-FREE, THAT ANY ERRORS ON THE SITES OR APP. WILL BE CORRECTED, OR THAT THE SITES/SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

THE SITES AND APP., INCLUDING ANY GOODS, SERVICES, OR INFORMATION PROVIDED THROUGH THE SITES OR APP., ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. 

YOU ASSUME THE ENTIRE COST OF ALL NECESSARY REPAIR IN THE EVENT YOU EXPERIENCE ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE SITES OR APP.  FRAMESI MAKES NO WARRANTIES THAT YOUR USE OF THE SITES OR APP. WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY FOR SUCH INFRINGEMENT

Limitation of Liability ---

IN NO EVENT WILL FRAMESI OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, REPRESENTATIVES, ATTORNEYS, AND/OR BUSINESS PARTNERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, ACTUAL, OR OTHER INDIRECT DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF FRAMESI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES ARISING OUT OF: (1) THE USE OR INABILITY TO USE THE SITES OR APP. OR ANY GOODS OR SERVICES OFFERED THROUGH THE SITES OR APP.; (2) ANY TRANSACTION CONDUCTED THROUGH THE SITES OR APP.; (3) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR INACCURACIES ON THE SITES OR APP.; AND/OR (4) ANY OTHER MATTER RELATING TO THE SITES, APP.,  OR ANY GOOD OR SERVICE OFFERED ON OR THROUGH THE SITES OR APP.

In no event will the collective liability of FRAMESI or its officers, directors, employees, affiliates, agents, licensors, Representatives, attorneys, and business partners to any party, regardless of the type of action whether in contract, tort, or otherwise, exceed the greater of $100.00 or the amount you  paid to FRAMESI for the applicable good or service out of which the liability arose.

IF YOU ARE DISSATISFIED WITH THE SITES, APP., OR THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES OR APP.

GIVEN THAT SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.  THE LIMITATIONS WILL APPLY TO FULLEST EXTENT ALLOWED UNDER the LAW.

Indemnity ---

You agree to indemnify, defend and hold harmless Framesi, including its officers, directors, employees, affiliates, agents, licensors, representatives, attorneys, and business partners (“Indemnified Parties”), from and against any and all claims, demands, losses, costs, damages, liabilities, judgments, awards, and expenses (including attorneys’ fees, costs of defense, and direct, indirect, punitive, special, individual, consequential, or exemplary damages) Framesi or any of the Indemnified Parties suffer in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party related to your use of the Sites or App., your use of any  goods or services offered through the Sites or App.,  your breach of these Terms, or any violation of applicable law or regulation by you.  Your indemnification obligation shall survive the termination of these Terms.

Geographic Limitation ---

Framesi operates the Sites and App. from its headquarters in the United States, and the Sites, App.,  and Terms are intended only for users within the United States.  If you use the Sites or App. outside the United States, you are responsible for following your applicable local laws and determining, among other things, whether your use of the Sites or App. violates any local laws.  By using the Sites or App., you agree and acknowledge that information about you, including personally identifiable information, may be transmitted to and stored in the United States.

Product and Service Availability ---

The Sites and App. contain information about Framesi products and other related services.  Availability of such products and services may be limited, and therefore no representations or warranties are made by Framesi with respect to the availability of such products or services.

Password/Username Protection ---

In order to perform certain tasks on one or more of the Sites, you may be required to set up a user account that will be password protected.  You are responsible for maintaining the confidentiality of your password and account, and agree to notify Framesi if your password is lost, stolen, disclosed to an unauthorized party, or otherwise may have been compromised.  You are responsible for all activities that occur under your user account.  You may only set up one user account, and must do so in your own name.  You agree to immediately notify Framesi at 412-269-2950 of any unauthorized use of your user account or any other breach of security in relation to the Sites known to you.  If Framesi suspends or terminates your user account under these Terms, you acknowledge that all information and content associated with such account will no longer be available to you.

You may cancel your user account at any time by calling us at 412-269-2950.

Miscellaneous ---

Framesi does not represent that any content on the  Sites or App.  is completely accurate, and therefore any reliance on such  is done at your own risk.

Any and all disputes relating to these Terms or your use of the Sites or App. are governed by, and will be interpreted in accordance with, the laws of the Commonwealth of Pennsylvania, without regard to any conflict of laws provisions.  You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the Commonwealth of Pennsylvania (USA) for any litigation arising out of or relating to the use of the Sites or App. , waive any objection to the venue of any such litigation in the Commonwealth of Pennsylvania courts, and agree not to plead or claim in any Commonwealth of Pennsylvania court that such litigation brought therein has been brought in an inconvenient forum.

If any part of these Terms is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of these Terms, all of which will remain in full force and effect.

Unless otherwise noted, these Terms constitute the entire agreement of the parties with respect to the Sites and App. and supersede all prior communications, promises and proposals, whether oral, written, or electronic, between you and Framesi with respect to the Sites and App.

If you violate any portion of these Terms, Framesi reserves the right, without an obligation to do so, to deny you access to the Sites or App. and/or remove any UGC you may have posted/uploaded.

Framesi’s failure to enforce any portion of these Terms is not a waiver of such portion.

The proprietary rights, disclaimer of warranties, representations made by you, indemnities, and limitations of liability shall survive the termination of these Terms.

Framesi reserves the right without notice and reason to take down or terminate the Sites or App.  You agree that Framesi is not liable to you or any other third party for this action.

Framesi does not assume any liability or responsibility for your use of the Internet or the Sites or App. including, but not limited to, any change your computer or related systems may sustain as a result of accessing the Sites or App.

Certain software elements of the Sites or App. may be subject to U.S. Export laws and controls.  No software may be downloaded or exported to any country or foreign citizen that is under a U.S. embargo or that would otherwise violate U.S. law or regulations.

If you need to contact Framesi for any reason not already specified in these Terms, please use the following contact information:

EMAIL:            customerservice@framesi-na.com; or

PHONE:          412-269-2950; or

MAIL:              Framesi North America / 17 Avenue A /  Leetsdale, Pa 15056