Terms And Conditions

 

Updated: 03/07/2016

Welcome to the MyDesign Beard's Framing website located at beardsframingstore.com ("the website") and maintained by Beard's Framing. This Terms of Service ("TOS") contains the terms and conditions that govern your use of the Website and the MyDesign Beard's Framing Service (as defined below). This TOS describes your rights and responsibilities and what you can expect from the MyDesign Beard's Framing Service. Use of the MyDesign Beard's Framing Website constitutes your acceptance of and agreement to this TOS.

MyDesign Beard's Framing Service

MyDesign Beard's Framing provides a number of web-based services such as enabling users to create and purchase customized products, including without limitation, framed and unframed prints (collectively, "Products"). MyDesign Beard's Framing users may create and purchase individual Products for their own use through the MyDesign Beard's Framing Service.

Eligibility

MyDesign Beard's Framing will only knowingly provide use to parties that can lawfully enter into and form contracts under applicable law. If you are under the age of 18, but at least 13 years of age, you may use MyDesign Beard's Framing only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. MyDesign Beard's Framing is not intended for children under the age of 13.

User Account, Password, and Security

Upon creating a user account, you agree to provide MyDesign Beard's Framing with a current email address and to update such information immediately upon any changes. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any content. You will also need to create a password and will receive an account designation upon completing the site's registration process.

You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify MyDesign Beard's Framing of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. MyDesign Beard's Framing cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 3.

User Conduct

In using this Site, you agree to not:

  1. Upload, download, post, email or otherwise transmit any materials including but not limited to text, data, sketches, photos, drawings, graphics, digital images, and related visual compositions or any of these elements in combination as a design for products available on this Site or otherwise ("Content") that are unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, indecent, inflammatory, libelous, tortious, hateful, or racially, ethnically or otherwise objectionable, or invasive of another's rights including but not limited to rights of celebrity, privacy and intellectual property.
  2. Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
  3. Upload, download, post, email or otherwise transmit any Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By uploading or downloading any Content, you represent and warrant that you have the lawful right to reproduce and distribute such Content and that the Content complies with all applicable federal, state and local laws, regulations and ordinances.
  4. Upload, download, post, email or otherwise transmit any Content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law;*upload, download, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, or any other form of solicitation.
  5. Upload, download, post, email or otherwise transmit any material that contains 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. Upload, download, post, email or otherwise transmit false or misleading information.
  7. Disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers, or networks connected to or accessible through the Site or affiliated or linked websites.
  8. Access, tamper with or use non-public areas of the Site. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
  9. Disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked websites.
  10. Frame or link to the Site except as permitted in writing by MyDesign Beard's Framing.

Upon uploading Content, you acknowledge that MyDesign Beard's Framing may review your content for adherence to our guidelines and compliance with the Terms set forth in this agreement. Without limiting the foregoing, MyDesign Beard's Framing and its designees shall have the right to remove any content that violates the Terms or is otherwise objectionable to MyDesign Beard's Framing . You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such content. In this regard, you acknowledge that you may not rely on any Content, created by or submitted to, MyDesign Beard's Framing . You acknowledge and agree that you are responsible for the creation and compilation of your content, and that neither MyDesign Beard's Framing nor any other party involved with the production of any product incorporating such content, assumes that responsibility. MyDesign Beard's Framing 's production of any product depicting your Content does not indicate that MyDesign Beard's Framing approves of the content, that the content obeys all applicable laws, or that you are absolved of any liability or harm arising from the use of the content.

You acknowledge and agree that MyDesign Beard's Framing may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the Agreement; (iii) respond to claims that any Content violates the rights of third-parties; or (iv) protect the rights, property, or personal safety of MyDesign Beard's Framing , its users and the public.
You understand that the technical processing and operation of the Site, including your Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connection networks or devices.

You acknowledge and agree that you will use this Site and any products ordered on this Site at all times in accordance with all applicable United States federal, state and local laws, statutes, regulations and ordinances and will not take any action that harms or violates the rights of any person or entity.

Returns

MyDesign Beard's Framing creates custom products at the request of our customer. Therefore, we do not accept returns or offer credits or exchanges on custom items. All sales are final. We will happily replace the merchandise if it is damaged or broken in shipping. Standard shipping is 8 -14 days, subject to delays beyond MyDesign Beard's Framing's control and its shipping agent.

Reservation of Rights.

Monitoring. MyDesign Beard's Framing reserves the right, but does not assume the obligation, to monitor transactions occur through the Website. If MyDesign Beard's Framing determines, in its sole and absolute discretion, that you or another MyDesign Beard's Framing user will breach a term or condition of this TOS or that such transaction or communication is inappropriate, MyDesign Beard's Framing may cancel such transaction or take any other action to restrict access to or the availability of any material that may be considered objectionable, without any liability to you or any third party.

Modification of the Service. MyDesign Beard's Framing reserves the right to modify the user interface of the MyDesign Beard's Framing Service or the Website, and may change, suspend, or discontinue any aspect of the MyDesign Beard's Framing Service at any time without any liability to you or any third party. MyDesign Beard's Framing shall have complete discretion over the features, functions, prices and other terms and conditions on which the MyDesign Beard's Framing Service is offered to MyDesign Beard's Framing users.

Transactions

Prices for products on MyDesign Beard's Framing are described on our Site and incorporated into these terms by reference. All prices are in US Dollars. Prices and products may change at MyDesign Beard's Framing 's discretion. Any purchases made using our service will display as NWF LLC on your financial statements.

Shipping

All items purchased through MyDesign Beard's Framing are made pursuant to a shipment contract. Title and risk of loss for all products ordered by you shall pass to you on MyDesign Beard's Framing 's shipment to the shipping carrier. We reserve the right to ship partial orders (at no additional cost to you).

Disclaimers and Exclusions

DISCLAIMER OF WARRANTIES. MyDesign Beard's Framing PROVIDES THE WEBSITE AND MyDesign Beard's Framing SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS. MyDesign Beard's Framing DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, MyDesign Beard's Framing SERVICE OR ITS USE: (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. MyDesign Beard's Framing MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TOS, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.

Termination

Termination. In its sole discretion, with or without notice to you, MyDesign Beard's Framing may: (i) suspend, limit your access to or terminate your use of the Website and/or the MyDesign Beard's Framing Service, (ii) suspend, limit your access to or terminate your account, (iii) remove any of your Content from MyDesign Beard's Framing's servers and directories and (iv) prohibit you from using the MyDesign Beard's Framing Service and/or the Website.

This TOS will survive indefinitely unless and until MyDesign Beard's Framing chooses to terminate this TOS.

If you or MyDesign Beard's Framing terminates your use of the Website or the MyDesign Beard's Framing Service, MyDesign Beard's Framing may remove any Content or other materials relating to your use of the MyDesign Beard's Framing Service on MyDesign Beard's Framing's servers or otherwise in its possession and MyDesign Beard's Framing will have no liability to you or any third party for doing so.