TERMS and AGREEMENTS
This Internet website is provided by Send A Frame, Inc. and its affiliates
(collectively, SendAFrame), with participating partners. By using this website,
you agree to the following Terms and Conditions, as well as the
Terms and Conditions of our partners, including Kodak, and others. Please be
aware that SendAFrame may revise these Terms and Conditions from time to time by
updating this posting. Such revised Terms and Conditions will take effect as of
the date of posting. A copy of these terms are always available in the HELP section of www.sendaframe.com for your reference.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. By using this site, you agree to be bound by these terms and conditions.< < back
Unacceptable actions and content on this site, listed below, will constitute
grounds for blocking your access to this site, removal of posted material and
non-fulfillment of your order. As condition of your use of this site and
SendAFrame's service, you shall not:
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- Upload, post, email or otherwise transmit any content that is
unlawful, harmful, threatening, harassing, defamatory, obscene, vulgar,
invasive of another's privacy, hateful, or otherwise objectionable;
- Upload, post, email or otherwise transmit any content that you do not
have a right to transmit under any law or under contractual or fiduciary
relationships (such as inside information, proprietary and confidential
information learned or disclosed as part of employment relationships or under
nondisclosure agreements) or any content that infringes any patent, trademark,
trade secret, copyright or other proprietary rights of any party;
- Harm minors in any way;
- Forge headers or otherwise manipulate identifiers in order to disguise
the origin of any content transmitted through this site;
- Upload, 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;
- Interfere with or disrupt (or attempt to interfere with or disrupt)
this site or servers or networks connected to this site, or disobey any
requirements, procedures, policies or regulations of networks connected to
- Exhibit expressions of abuse, offensive language and imagery,
obscenity, or pornography, including, but not limited to, child abuse, child
pornography, depictions of minors engaged in sexual conduct or explicitly
sexual situations, or any other material that could give rise to any civil or
criminal liability under applicable state or federal law, or violating any
laws or regulations of any governing body having jurisdiction over SendAFrame,
its affiliates or users.
Trademarks and copyrights
SendAFrame, SendAFrame Network, SendAFrame.net, SendAFrame.com, FramesUSA, SendABear, SendAPortrait, SendAReward, SendAPicture, PlanetFrames, BlueFrames and all related graphics, logos, processes and service names are trademarks of SendAFrame, Inc. All other trademarks that appear on this site are the property of their respective owners. You are not entitled to use any trademark in connection with any product or service without the express permission of the owner of that trademark.
You should assume that all of the content or other works that are made available to you on this site (together, the "Content") is protected by copyright or other proprietary rights. You are not entitled to duplicate, create derivative works of, distribute, display or perform any Content without the express permission of the owner of that Content.
SendAFrame respects the intellectual property rights of others. If you believe your copyright in a work has been violated through this site or our services, please contact SendAFrame's agent for notice of claims of copyright infringement, Steve Bochner, who can be reached via email at copyright@SendAFrame.com (if not clickable, please copy/paste into your email program) or at
Steven Bochner, CEO
Send A Frame, Inc.
800 Central Blvd
Executive Offices - Building B
Carlstadt, NJ 07072
Please provide our agent with the following information, which SendAFrame may then forward to the alleged infringer:
Describe the copyrighted work that you believe has been infringed;
Identify the material on SendAFrame's site that you believe infringes your work, with enough detail so that we may locate it on the site;
Provide your address, telephone number, and email address;
Provide a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
Declare under penalty of perjury that
(a) the information you have provided to us is accurate, and
(b) you are the owner of the copyright interest involved or you are authorized to act on behalf of that owner; and,
Provide your physical or electronic signature.
Upon receiving your complaint, SendAFrame may remove content that you believe infringes your copyright. In addition, SendAFrame may terminate the account of the member who appears to be infringing your intellectual property rights.
SendAFrame claims no ownership rights in any image contained in any of your photo albums. For the sole purpose of displaying your images through your SendAFrame album, and fulfilling any orders you or your album invitees place, you grant to SendAFrame a non-exclusive, royalty-free license to use, copy, distribute, display and perform such images through this site.
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Reproduction of images
You should be aware that it is illegal to
reproduce or distribute copyrighted material without the permission of the
Accessing images or text provided on Web sites
does not give you any rights to use them as you wish. Only the copyright owner,
or the owner's legal agent, can give you permission to copy, distribute, or
publicly display protected material. The copyright owner in most cases is the
creator. Images are generally owned by the photographer; text is owned by the
author. < < back
No monitoring of content
SendAFrame does not control the content of any user's album and does not have
any obligation to monitor such content for any purpose. All content provided by
a user of this site is the sole responsibility of that user, not SendAFrame.
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Disclaimer of warranty and limitations of liability
THIS SITE AND ALL PRODUCTS AND SERVICES PROVIDED THROUGH IT ARE PROVIDED "AS IS"
WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES,
INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. TO THE
FULLEST EXTENT PERMITTED BY LAW, SendAFrame DISCLAIMS ANY WARRANTIES FOR THE
SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SITE.
YOU, THE USER, UNDERSTAND AND AGREE THAT THE SUBMISSION OF ANY DIGITAL IMAGE TO SendAFrame, AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL THROUGH
THE SendAFrame SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE
SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR IMAGE(S), ANY LOSS OF IMAGE(S)
AND ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT IN THE
DOWNLOAD OR UPLOAD OF ANY MATERIAL.
SendAFrame SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES, EVEN IF
SendAFrame HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING
DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF
ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. < < back
General terms & indemnification
SendAFrame controls and operates this website from its headquarters in NYC and Carlstadt, NJ, United States of America. You use this website at your own risk and you are responsible for compliance with applicable local laws, keeping in mind that access to our Content may not be legal by certain persons or in certain countries. If any portion of these Terms and Conditions is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible and the remainder of the provisions shall remain in full force and effect. Any cause of action you may have with respect to this website must be commenced within one year after the claim or cause of action arises or such claim or cause of action is barred.
These terms will be governed by and construed in accordance with the laws of the States of New York and New Jersey, United States of America, without regard to its conflicts of law provisions. Any legal action or proceeding relating to your access to, or use of, this website or our Content will be instituted in a state or federal court in Bergen County, NJ, and you hereby agree to submit to the personal jurisdiction of such courts.
You agree to defend, indemnify, and hold harmless SendAFrame, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising from your use of this website or our Content or your breach of these Terms and Conditions. SendAFrame shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.
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agree that SendAFrame may terminate your use of this website if it believes that
you have violated or acted inconsistently with the letter or spirit of these
Terms and Conditions, violated the rights of SendAFrame or any third party, or
for any reason with or without notice to you. You agree that SendAFrame may
modify or discontinue this website, with or without notice to you. You agree
that SendAFrame will not be liable to you or any third party as a result of such
modification or discontinuation. The provisions entitled "Use of Materials on
this Website," "Your Submissions," "Disclaimer," "Limitation of Liability,"
"General Provisions," "Indemnity," "Trademarks" and "Copyright" will survive
termination of this Agreement to use our website.< < back