Welcome to Livestock Framing, located at www.livestockframing.com (the “Website”). This Terms of Service (“TOS”) contains the terms and conditions that govern your use of the Website and the Livestock Framing Service and its Product (both defined below). Use of the Livestock Framing Website constitutes your acceptance of and agreement to this TOS.

Livestock Framing reserves the right to add, delete and/or modify the terms and conditions in this TOS, at its sole discretion, by posting a notice of change or a new agreement on the Website. Should you disagree with an amendment, your only recourse is to not use the Livestock Framing Service. Your ongoing use of the Website subsequent to the posting of a notice of change on the Website constitutes acceptance of the updated agreement.

Livestock Framing offers an Internet-based platform that allows users to upload digital images (“Service”) and have them professionally printed and framed (“Product”). Livestock Framing may offer other services on the Website, including but not limited to newsletters and forums for communication.

Use of the Website:

  1. You must be at least 18 years of age to use the Website or have permission from a parent or legal guardian. You are responsible for any and all activity that occurs under your username.
  2. You must comply with all of the terms and conditions of this TOS, and all applicable laws, rules, and regulations when using the Website.
  3. You may not cause harm to the Website or the Livestock Framing Service. Prohibited activities include, but are not limited to:
    • a. You may not interfere with Livestock Framing’s Service by using viruses or any other programs or technology meant to damage or disrupt any software, hardware or telecommunications equipment.
    • b. You may not modify, reverse engineer, decompile or disassemble any technology used to provide the Livestock Framing Service.
    • c. Aside from normal activities pertaining to Internet search engines, you may not use a robot, spider or other device to monitor the activity on or copy pages from the Website.
    • d. You may not impersonate another person or entity and/or misrepresent your affiliation with a person or entity.
    • e. You may not engage in any activity that would interfere with another user’s ability to use the Livestock Framing Service.
    • 4. You may not access, tamper with, or use non-public areas of the Website. Unauthorized individuals attempting to access these areas of the Website may be subject to prosecution.
    • Livestock Framing will not be liable for any loss or damage arising from your failure to comply with these terms.

Content:

  1. Livestock Framing offers a service that allows you to upload a digital image (“Content”) to the Website so Content can be printed and framed for your own use.
  2. You will retain ownership of the Content that you upload to the Website. You hereby grant to Livestock Framing a limited license to use your Content to produce the Product. Livestock Framing may sublicense the rights that are hereby granted to a third party subcontractor only for purposes of producing and distributing your Product.
    • a. Upon uploading Content, you acknowledge that Livestock Framing may review your Content for adherence to the TOS and also to the guidelines described below. Livestock Framing retains the right to remove any Content that violates the TOS or is otherwise objectionable to Livestock Framing. That which constitutes objectionable material is determined by Livestock Framing in its SOLE AND ABSOLUTE discretion.
    • b. Upon uploading Content, you agree that Livestock Framing may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such disclosure is necessary to comply with any law.
  3. By using the Website, you agree to not upload Content that is unlawful, harmful, obscene, inflammatory, hateful, or invasive of another person’s rights including, but not limited to, rights of celebrity, privacy and intellectual property.
  4. By using the Website, you agree to not upload or post Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By uploading any Content, you represent and warrant that you have the lawful right to reproduce and distribute such Content.
  5. By using the Website, you agree to not upload or post Content that would constitute or encourage a criminal offense, violate the legally protected rights of any party, or would otherwise create liability or violate any local, state, or national law.

Service:

  1. Livestock Framing reserves the right to modify and/or make alterations to the Service and Website at any time and without liability to you or any third party. Livestock Framing has complete control over the features, functions, prices, and other terms and conditions.

Submissions:

  1. When you submit a comment or query (“Submissions”), you grant Livestock Framing the right to use such Submissions for promotional purposes. This section does not apply to the Content that you use in connection with the Livestock Framing Service.

Representations and Warranties:

  1. You represent and warrant to Livestock Framing and Livestock Framing represents and warrants to you that:
    • a. You or it has the full power and authority to enter into and perform under this TOS.
    • b. This TOS is a legal, valid, and binding obligation of the party entering into this TOS, enforceable in accordance with its terms and conditions.
  2. You represent and warrant to Livestock Framing that, in your use of the Livestock Framing Service:
    • a. You will not infringe the copyright, trademark, patent, trade secret, right of privacy, or any legal right of any third party. Livestock Framing will not be required to make any payments to any third party in connection with its use of your Content, except for expenses incurred in providing the Service.
    • b. You will comply with all applicable laws, rules, and regulations.

Indemnification:

  1. You must indemnify and hold Livestock Framing and Livestock Framing’s officers, directors, employees, advisors, agents and licensors harmless from all judgments, awards, losses, liabilities, costs and expenses, including but not limited to reasonable attorney’s fees, expert witness fees, and costs of litigation arising out of or based on:
    • a. Content you submit through the Website
    • b. Your use of the Website
    • c. Your connection to the Website
    • d. Your violation of this TOS
    • e. Your violation of any rights of a third party

Disclaimers and Exclusions:

  1. LIVESTOCK FRAMING PROVIDES THE WEBSITE AND LIVESTOCK FRAMING SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS. LIVESTOCK FRAMING DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, LIVESTOCK FRAMING SERVICE OR ITS USE:
    • a. WILL BE UNINTERRUPTED
    • b. WILL BE FREE OF INACCURACIES OR ERRORS
    • c. WILL MEET YOUR REQUIREMENTS
    • d. WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE
  2. LIVESTOCK FRAMING MAKES NO WARRANTIES OTHER THAN THOSE MADE IN THIS TOS, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.

Limitation of Liability:

  1. LIVESTOCK FRAMING WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, 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 LIVESTOCK FRAMING SERVICE OR THIS TOS, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR A BREACH OF A PARTY’S REPRESENTATIONS AND WARRANTIES UNDER THIS TOS OR IN CONNECTION WITH YOUR INDEMNITY OBLIGATIONS UNDER THIS TOS, IN NO EVENT WILL THE LIABILITY OF EITHER PARTY IN CONNECTION WITH THIS TOS EXCEED THE GREATER OF:
    • a. THE AMOUNT PAID BY LIVESTOCK FRAMING TO YOU DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT THAT GIVES RISE TO SUCH LIABILITY
    • OR
    • b. $100

Termination:

You agree that Livestock Framing, in its sole discretion, may terminate your password, account, or use of the Website, and remove and delete any Content you may have contributed to the Website, at any time and for any reason. You agree that any termination of your access to the Website under any provisions of these TOS may be effected without prior notice, and acknowledge and agree that Livestock Framing may immediately deactivate or delete your account and all related information and files in your account and/or bar further access to such files on the Website. Also, in the event your account is terminated, the provisions in section 4 under Content will remain enforced. You also agree that Livestock Framing will not be liable to you or any third-party for any termination of your access to the Website. If you object to any terms or conditions or become dissatisfied with the Website in any way, your only recourse is to discontinue your use of the Website and/or terminate your account.

Dispute Resolution:

All disputes arising out of, relating to or connected with this TOS or your use of any part of the Livestock Framing Service will be exclusively resolved under confidential binding arbitration held in Oregon, by a sole arbitrator applying Oregon law. The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction. Arbitration may award attorney fees to the prevailing party.