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Terms and Conditions
FrameVault Website Terms of Use
Effective starting March 12, 2024
Important – These Terms together with our Privacy Policy, Terms of Sale, and Returns Policy, are a legal agreement ("Agreement") between you ("You", or "you") and "Frame-Vault.com" its parents, subsidiaries, affiliates, representatives, officers, and directors (collectively, "Frame-Vault", "us", "we", or "our") and govern your use of this website.
By accepting this agreement, you consent to a class action waiver. Please read this TOU carefully before using our website and any online services, software, or apps (collectively "Services") provided by Frame-Vault that post a link to this TOU. By using or continuing to use our Services, You agree to be bound by and accept the TOU in effect at the time of such use. Your use of our Services is expressly conditioned upon your agreement to these TOU.
License Grant
The Service and all of its content ("Content"), including all copyrights, patents, trademarks, service marks, trade names, and all other intellectual property rights therein ("Intellectual Property"), are owned or controlled by Frame-Vault, our licensors, and certain other third parties. All rights, title, and interest in and to the Content and Intellectual Property available via the Service is the property of Frame-Vault, our licensors, or certain other third parties, and is protected by US and international copyright, trademark, trade dress, patent and/or other Intellectual Property and unfair competition rights and laws to the fullest extent possible. Frame-Vault owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Service. Frame-Vault hereby grants to You a personal, revocable, limited, non-exclusive, and non-transferable license to use the Services solely for your personal use, which does not include activities related to any commercial, entrepreneurial, or professional activity, provided that You comply with the terms and conditions of this TOU. Notwithstanding the foregoing, You may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use the Services in any manner not expressly permitted herein.
User Representations
By accessing or using the Services, You represent that You are of the age of majority in your jurisdiction of residence. If You are not of such age, please consult with your parent or guardian with respect to this TOU, because persons under such age are authorized to use the Services only if their designated parent or guardian accepts this TOU on their behalf. In addition, You agree to abide by all applicable laws and regulations governing your use of the Services.
Proprietary Rights
This TOU provides only a limited license to You to access and use the Services. Accordingly, You expressly acknowledge and agree that Frame-Vault transfers no ownership or Intellectual Property interest or title in and to the Services to You or anyone else. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including HTML code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, "look and feel," and arrangement of any content contained on or available through the Services, unless otherwise indicated, are owned, controlled, and licensed by Frame-Vault. Frame-Vault, the Frame-Vault logo(s), and all other names, logos, and icons identifying Frame-Vault and its products and services are proprietary trademarks of H&H International Inc. and any use of such marks, including, without limitation, as domain names, account identifiers, or as search terms, without express written permission is strictly prohibited. Other product and company names or logos mentioned or displayed on or through the Services may be the trademarks and/or service marks of their respective owners.
Content
a. Content submitted by You
From time to time We may make available on this Services bulletin boards, chat rooms, comment areas, billboards, forums, news groups, postings sections, or similar communication facilities that offer the opportunity to post, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Services. In such instances, We welcome your comments on our Services. However, any notes, messages, billboard postings, ideas, suggestions, or other material which You submit to Frame-Vault ("User-Generated Content") must not harass, slander, malign, libel, defame, threaten, or otherwise violate any rights of any third-parties and must not include any profanity, obscene, indecent, pornographic, defamatory, unlawful, or otherwise objectionable material all as determined by us. Furthermore, User-Generated Content must not infringe the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of any person or entity. Upon your submission of any and all User-Generated Content, You grant Frame-Vault a non-exclusive, unrestricted, unconditional, unlimited, cost-free, royalty-free, perpetual, irrevocable right and license to use, reproduce, copy, sell, resell, modify, alter, publish, publicly display, publicly perform, record, post, translate, transmit, broadcast, disclose, distribute, make derivative works of, and otherwise use the User-Generated Content, such that Frame-Vault shall be and is entitled to use such User-Generated Content for any type of use and exploit in any manner whatsoever, including promotional purposes and advertising, in perpetuity, in any and all media whether now known or hereafter devised, without any compensation to you. You irrevocably waive and agree not to assert (and warrant that all individuals featured have waived and agreed not to assert) any moral rights in connection with the User-Generated Content. You expressly waive any and all rights, grounds, and actions concerning the inspection and approval of the finished product that may be produced and used in connection with your User-Generated Content. By submitting any User-Generated Content to us, You represent and warrant that You are at least the age of majority in the jurisdiction in which you reside and are the parents or legal guardian, or have all proper consents from the parent or legal guardian, of any minor who is depicted in or contributed to any User-Generated Content you submit, and that as to User-Generated Content, you hold all necessary right, title and license to such User-Generated Content and that your submission of such materials to the Services does not and will not violate or infringe the rights of any third parties or cause any harm to any person, including but not limited to intellectual property or privacy rights.
b. Non-confidentiality of content submitted by You
Except as otherwise described in any applicable Additional Policies you agree that (a) your User-Generated Content will be treated as non-confidential and non-proprietary by us—regardless of whether you mark them "confidential," "proprietary," or the like—and will not be returned, and (b) to the maximum extent not prohibited by applicable law, Frame-Vault does not assume any obligation of any kind to you or any third party with respect to your User-Generated Content. Upon request, you will provide the documentation necessary to authenticate rights to such content and verify your compliance with these Terms or any applicable additional terms. You acknowledge that the Internet and mobile communications may be insecure and subject to breaches of security; accordingly, you acknowledge and agree that your User-Generated Content is submitted at your own risk.
Information About The Website And The Goods
a.
We try to make sure that all information on the Services, including descriptions of our goods and listed prices, is accurate and correct at all times. However, mistakes do happen. We will try to resolve all errors in information on the Services as soon as reasonably possible and if We think that such an error has affected your order We will make reasonable efforts to notify You via the contact information You provided to us on your account or during your order.
b.
Buying goods over the internet provides a different shopping experience from buying in-store. In particular, please be aware that:
(i) the colors of goods as shown on the Services will depend on many factors – including your display settings;
(ii) the actual sizes and shapes of the goods may differ from how they appear on your screen;
(iii) pictures and images on the Services are for illustration purposes only – for an accurate description of any item and details of what is included with the item, please refer to the corresponding written description;
(iv) all goods are subject to availability and We may not be able to supply your order;
(v) We will do our best to arrange delivery of your goods within a reasonable time of ordering and the ship date as set out in the shipping confirmation email, but please note that all tracking information is provided to Us by our delivery service provider and are estimates of delivery only;
(vi) not all goods and promotions that are offered on the Services will be available in-store, and vice versa. We reserve the right to adjust prices, goods, and special offers at our discretion; and
(vii) virtual model may distort or otherwise not provide an accurate representation of the product and its color(s), textures, size as well as your face and facial features and the fit of the glasses.
c.
If at any time you have any questions or concerns, please contact us via our web form.
Procedure for Alleging Copyright Infringement
If you are a copyright owner who would like to send us a notice to identify content or material posted on the Service that is infringing that you would like removed from our Service, or if you are a user whose work has been removed in response to such a notice of infringement, you may submit such notice to us by contacting us here: info@frame-vault.com.
Copyright Complaints
We respect the intellectual property of others. If you believe that your work has been copied and is accessible on the website in a way that constitutes copyright infringement, please notify us and provide the following information:
● A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
● Identification of the URL or other specific location on the website where the material that you claim is infringing is located;
● Your name, address, telephone number, and email address;
● A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;
● A statement that the information in the notification is accurate, and under penalty of perjury, that the signatory is either the owner or is authorized to act on behalf of the owner, of an exclusive copyright right that is allegedly infringed; and
● An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest.
Creating an Account
If You register with us or create an account, you are solely responsible and liable for the security and confidentiality of your access credentials and for restricting access to your device, and for all activity under your account. Usernames and passwords must be personal and unique, do not violate the rights of any person or entity, and must not be offensive. We may reject the use of any password, username, or email address for any reason in our sole discretion. You are solely responsible for your registration information and for updating and maintaining it. You will immediately notify us here of any unauthorized use of Your account, password, or username, or any other breach of security, but will remain responsible for any unauthorized use thereafter. You will not sell, transfer, or assign your account or any account rights. In addition, accounts may only be set up by an authorized representative of the individual that is the subject of the account and who is of the age of majority. We do not review accounts for authenticity and are not responsible for any unauthorized accounts that may appear on the Service. For any dispute as to account creation or authenticity, we shall have the sole right, but are not obligated, to resolve such dispute as we determine appropriate, without notice.
Restrictions
You agree not to modify, distribute, disclose, or create works wholly or partially based on the Services. You cannot (nor allow third parties to) sub-license, rent, sell, distribute, circulate, provide, transform, de-codify, break down, disassemble, reverse engineer, create derivative works of, modify or translate the Services, or in any case reproduce, copy, use or provide the Services, or parts of it, in any other manner except for that expressly permitted herein or permitted by mandatory law. You acknowledge and accept that the acquisition of any content or data through the use of the Services is solely your responsibility and that You are solely responsible for any damage to the system or loss of data caused by using the service, even indirectly.
Privacy Policy
Please review Frame-Vault's Privacy Policy for a summary of Frame-Vault's personally identifiable information collection and use practices. Personally identifiable information we collect may be transferred to servers located outside of your jurisdiction of residence. As such, your personally identifiable information will be subject to that country's laws. By using the Service, You also acknowledge, agree and consent to our data practices as described in our Privacy Policy.
Consent to Contact
Text Messages
By using this website, you agree to the following statement:
"I agree that by providing my telephone number and opting in to receive text messages in any submission on Frame-Vault’s website, I provide my signature consenting to receive contact from Frame-Vault at the number I provided regarding products or services via live, automated or prerecorded call, text, or email. I understand that I am not required to enter into this agreement as a condition of purchase. I can revoke this consent by texting STOP to 98634."
You may receive texts from Frame-Vault regarding your account, purchases, or special offers from Frame-Vault. Message and data rates may apply. The maximum number of messages per month will vary based on the subscription list you have enrolled in. You can unsubscribe at any time by texting STOP to 98634. You will receive a text confirming that you have been unsubscribed. If you have questions, contact Us.
Frame-Vault will not be liable for any delays in the receipt of any text messages. Delivery is subject to effective transmission from your network operator.
Data obtained from you in connection with this text messaging service may include your mobile phone number, your carrier's name, the date, time, and content of your messages, and other information you provide to Frame-Vault as part of this service. Frame-Vault may use this information to contact you and provide the services you request from Frame-Vault. We may also use this information as described in the subscription list you have enrolled in.
Emails
By including your email in any submission, you are extending an express invitation to Frame-Vault. to be contacted. For any service, you represent that all of the information you have provided in your submission is true and complete.
Voice Recording and Monitoring Consent
You agree and consent that Frame-Vault may record or monitor communications made by you during any calls you make to the Website as permitted by 18 U.S.C. § 2511 et seq., Cal. Penal Code § 630 et seq., and other state laws that regulate call monitoring and recording. By calling the Website, you expressly consent and grant it the right to record or monitor and use this information for the purposes set out in the Privacy Policy. The Website is under no obligation to monitor or record its services for accuracy, completeness, or quality.
Availability and Continuity of Service
You acknowledge and accept that Frame-Vault reserves the right, at its own and complete discretion, to temporarily or permanently:
(i) suspend, terminate, or eliminate the Services,
(ii) disable any access to the Services, and/or
(iii) restrict, suspend, or terminate your account for any reason.
Links to Other Sites
We are not responsible for third parties or their content, advertisement(s), apps, or sites ("Third-Party Services"). Our Services may facilitate access to other sites or online social media networks or pages for your convenience. These Third-Party Services have not necessarily been reviewed by Frame-Vault and are maintained by third parties over which Frame-Vault exercises no control. Use caution when dealing with third parties and consult their terms of use and privacy policies. We take no responsibility for Third-party Services. Accordingly, Frame-Vault expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these Third-Party Services. Moreover, the inclusion of any links does not imply an endorsement with respect to any third party or any website, or the products or services provided by any third party.
Health Disclaimer
Any general health information on this website is only intended to facilitate communication between you and your healthcare provider. It is not intended for diagnosis or as a substitute for seeking professional medical advice. All specific medical questions should be directed to a professional healthcare provider.
Warranty Disclaimer
As permitted by applicable law and except as otherwise expressly set forth in our warranty policy, Frame-Vault makes no representations or warranties about the website or any goods purchased by you through the website for any purpose and expressly disclaims any and all express or implied warranties and representations including, without limitation any warranties of merchantability, warranty of fitness for a particular purpose, the accuracy of data, and noninfringement, and does not guarantee that the services will function without interruption or errors and provides services (including content and information) on an "as is" and "as available" basis, and "with all faults" basis. Some laws may not permit certain disclaimers so some or all of these disclaimers may not apply to you.
Limitation of Liability
As permitted by applicable law, in no event shall Frame-Vault be liable for any indirect, punitive, incidental, special, or consequential damages arising out of or in any way connected with the use of the website or with the delay or inability to use the website, services, or user-generated content, whether based in contract, tort strict liability or otherwise. Notwithstanding the foregoing total liability of Frame-Vault for any reason whatsoever related to the use of the website shall not exceed the total amount paid by you to Frame-Vault in connection with the subject matter of the particular dispute.
Indemnity
As permitted by applicable law, by using this application, You agree to defend, indemnify and hold harmless Frame-Vault and its parent and affiliates, and their directors, employees, and agents, against any loss, damage, liability, cost, expense (including legal fees) asserted by any third party and arising from (i) your use of and access to the Services; (ii) any User-Generated Content; (iii) your breach of any of these TOU; and (iii) your infringement of any third party rights, including without limitation any property, privacy or intellectual property rights. This indemnity shall survive the duration of your use of the Services.
Enforcement
You acknowledge that any breach, threatened or actual, of this TOU, will cause irreparable injury to Frame-Vault, such injury would not be quantifiable in monetary damages, and Frame-Vault would not have an adequate remedy at law. You, therefore, agree that Frame-Vault shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this TOU.
Term and Termination
This TOU will take effect at the time You begin using the Services. This TOU will terminate automatically if You fail to comply with its terms and conditions. Termination will be effective without notice. You may also terminate this TOU at any time by ceasing all use of the Services. Sections 3, 4, 7, 8, 9, 10, 11, 12, 14, 15, and this sentence of this Section, 16, will survive the termination of this TOU for any reason.
Waiver & Severability
Failure to insist on strict performance of any of the terms and conditions of this TOU will not operate as a waiver of any subsequent or other default or failure of performance. If any part of this TOU is determined to be invalid or unenforceable pursuant to applicable law or court order including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of this TOU shall continue in effect.
Dispute Resolution: Prohibition of Class and Representative Actions and Non-Individualized Relief
This section limits the right to participate in any form of class action.
You and H&H International Inc. agree that, except where prohibited by applicable law, each of us may bring claims that relate to or arise from your use of or access to our website, any products or services sold, offered, or purchased through our Services, or communications (including calls, texts, or emails) that relate to or arise from your use of or access to our website only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding, including but not limited to actions under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., the California Invasion of Privacy Act, Cal. Penal Code § 630 et seq., the Illinois Biometric Privacy Act, 740 ILCS § 14/1 et seq., the Texas Capture or Use of Biometric Identifier Act, Bus. & Com. § 503.001 et seq., and other federal and state telemarketing and privacy laws. If a court decides that this prohibition of class and representative actions and non-individualized relief is invalid or unenforceable, then the remainder of the Agreement will continue to apply
Applicable Law & Venue
The law applicable to the interpretation and construction of this Agreement and any transaction using or related to the website, shall be applicable federal laws, and the laws of the State of California, USA, without regard to principles of conflict of laws. You agree that all matters relating to your access to or use of the website, including all disputes will be governed by the laws of the United States and by the laws of the State of California.
Any action relating to the use of this website or any transaction must be brought in the state or federal courts serving Los Angeles County, California for any lawsuit or court proceeding permitted under this Agreement. You consent and submit to the personal jurisdiction of such courts for the purposes of any such actions. You further agree to file any cause of action with respect to this Agreement within one year after the cause of action arises. You agree that a cause of action filed after this date is barred.
Independent Party
You are an independent party. No joint venture, partnership, employment, or agency relationship exists between You and Frame-Vault as a result of this TOU or your utilization of the Services.
Entire Agreement
This TOU, the Additional Policies, and any other agreement or terms or conditions for services, information, or licenses available through the Services represent the entire agreement between You and Frame-Vault with respect to the use of the Services, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written between You and Frame-Vault with respect to the Services.
No Assignments
You may not assign or transfer any rights under this Agreement without the prior written consent of Frame-Vault.
Updates to Terms
It is your responsibility to review the Agreement, including posted Terms and any applicable Additional Policies, each time you use the Service (at least prior to each transaction or submission). Each time you sign in to or otherwise use the service, you are entering into a new agreement with us on the then applicable terms and you agree that we may notify you of new terms by posting them on the service (or in any other reasonable manner of notice which we elect) and that your use of the service after such notice constitutes your going-forward agreement to the new terms for your new use and transactions. Any new Terms or Additional Policies will be effective as to new use and transactions as of the time that we post them, or such later date as may be specified in them or in other notice to you. In the event any notice to you of new, revised, or additional terms is determined by a tribunal to be insufficient, the prior agreement shall continue until sufficient notice to establish a new agreement occurs. You can reject any new, revised, or additional terms by discontinuing the use of the Service.
Headings
Headings are for convenience only.
Terms And Conditions of Sale
Please read these terms and conditions of sale ("terms of sale") carefully. These terms of sale apply to you, the user of www.frame-vault.com (the "Services") and the purchaser of goods ("you"), and your purchase of any products from H&H International Inc. ( "Frame-Vault," "we," or "us"), through the Services. These terms are subject to change without prior written notice at any time, at Frame-Vault's sole discretion. By placing an order for products through the site, you agree to be bound by and accept the terms of sale in effect at the time of such order. All sales are expressly conditioned upon your agreement to these terms of sale, as well as our terms of use, returns policy, lens and frames guarantee, and privacy policy ("Additional Policies").
Purchasing Goods.
Placing your Order
Once You have selected the goods which You would like, You will be asked to register your personal details with us by completing a registration form. Registration is not required; however, We encourage registration in order to facilitate the checkout process during future orders on the Services.
By placing an order with us, You represent and warrant that You are legally capable of signing binding agreements.
When You place an order for goods via the Services, your order constitutes an offer to purchase goods from us. Where You order more than one item, your order comprises a series of offers for each item individually.
After placing an order with us, you will access an order confirmation webpage and receive an order confirmation email (together, the "Order Confirmations"). The Order Confirmations acknowledge receipt of your order. You will receive subsequent emails from your Customer Service Representative with the final details of the order which you have submitted to the Services. Please take care when placing your order, as you will be unable to add to or amend your order after we send the Order Confirmations.
By placing an order with us, you represent and warrant that you are legally capable of signing binding agreements.
Order Acceptance
Although we hope to be able to supply all goods ordered, we reserve the right, at our sole discretion, not to accept any offer. Should we reject your order, we will notify you as soon as reasonably possible (and, if payment has occurred, we would refund your payment).
Payment
We will take payment from your credit card, gift card, Paypal account, and other future forms of payment available at the time your order is placed. You will receive an email detailing what items have shipped from your order (the "Invoice Email").
Except where otherwise set out in these Terms of Sale, the price payable by you for the goods is the price given by the Services at the time you place your order. Applicable taxes and the delivery fee will be added at the time you place your order, but will not affect the base price of the goods.
Shipping and Delivery
After we send you your Order Confirmation e-mail, we will send you a separate Shipping Confirmation email. The Shipping Confirmation email will include a tracking number that you may use to track your order on our delivery service provider's website and obtain an estimated delivery date.
The goods will be delivered by a delivery service provider to the delivery address specified by you during the order process. Once the goods have been delivered to the address you provided, you become the owner of those goods and from that point, they will be at your risk. This means you will be liable for any subsequent damage, loss, or destruction.
You will receive a custom ETA from your Customer Service Representative, which represents the processing time for your order. Shipping and delivery times vary and are based on the carrier and shipping speed you select. We do our best to ensure timely deliveries, but please note that shipments can occasionally be delayed due to major holidays or unforeseen circumstances. Tracking numbers will be provided for all orders.
Cancelling an Order And Returning Goods.
You may cancel your order within one hour of its reception.
Please read our Returns Policy.
We explicitly reserve the right to reject any order or cancel any purchase at any time in the following cases, subject to any applicable refund: (i) the goods are not available/not in stock; (ii) the data you provide to us in connection with your purchase is incorrect or cannot be checked; (iii) your order is marked as suspicious or otherwise suggestive of fraud or illegality by our security systems; (iv) we have reason to believe that your purchase is intended for a further commercial activity; (v) there has been an error in the indicated price of the goods; (vi) we have reason to believe that you are under the age of majority in your jurisdiction of residence and do not have parental consent; or (vii) we cannot deliver the goods to the address you have provided.
If any goods, including Made to Order Goods, have been delivered and found to be wrongly described, or are damaged or faulty and we cannot remedy the fault to your reasonable satisfaction, then these goods can be returned, provided that you notify us of the alleged defect within 30 days after the goods have been received. Please read our Returns Policy for more information about returning the goods.
General Terms About Our Relationship With You.
Limitation of Liability. As permitted by applicable law, in no event shall Frame-Vault be liable for any indirect, punitive, incidental, special, or consequential damages arising out of or in any way connected with the use of the website, or any goods purchased from the website, whether based in contract, tort, strict liability, or otherwise. Notwithstanding the foregoing, the total liability of Frame-Vault for any reason whatsoever related to the use of the website or goods purchased from the website shall not exceed the total amount paid by you to us in connection with the subject matter of the particular dispute.
Warranties. As permitted by applicable law and except as otherwise expressly set forth in the Warranty Policy: (i) This website and all goods purchased by you through the website are provided on an "as-is" basis, and (ii) Frame-Vault makes no representations or warranties about the website or any goods purchased by you through the website for any purpose, and expressly disclaims all express warranties or warranty of fitness for a particular purpose.
Events Beyond Our Reasonable Control (Force Majeure). We will not be responsible for any delay or failure to comply with these Terms of Sale or the Additional Policies if the delay or failure arises from any event which is beyond our reasonable control. Such events would include (but are not limited to) fires, floods, earthquakes, storms, natural disasters, war, civil unrest, pandemics, acts of terrorism, or malicious damage to or destruction of our premises, equipment, or goods or by reason of any act done pursuant to a trade dispute or shortages of labor.
Waiver. Delay in our exercising or our failure to exercise any right or remedy under these Terms of Sale, shall not constitute a waiver of our rights and remedies under these Terms of Sale.
Invalidity. In the event that one or more of the terms set out in these Terms of Sale or in the Additional Policies is held to be invalid by a competent authority, the remaining terms of the Terms of Sale and the Additional Policies shall continue to have an effect and you will still be bound by them.
Privacy. Personal information, such as your contact details, that you provide to us during the order process will be kept and used by us in accordance with our Privacy Policy.
Governing Law. As detailed above in s. 18 & 19 of the Terms of Use.
