Welcome to livestock framing’s gallery platform (the “platform”). this terms of service (“tos”) contains the terms and conditions that govern your use of the platform and the livestock framing service and its product (both defined below). use of the livestock framing platform 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 Platform. Should you disagree with an amendment, your only recourse is to not use the Livestock Framing Service. Your ongoing use of the Platform subsequent to the posting of a notice of change on the Platform constitutes acceptance of the updated agreement.

Livestock Framing offers an Internet-based platform that allows Artists to upload digital images to their own gallery to make gallery quality prints and/or custom framed prints (the “Product”) available for sale to the public (the “Service”). Livestock Framing may offer other services on the Platform, including but not limited to newsletters and forums for communication.

RECITALS

  1. Artist is an artist of photographic images, paintings and/or illustrations.
  2. Livestock Framing desires to produce high quality reproductions of Artist’s work for sale to third parties.

Use of the Website:

  1. You must be at least 18 years of age to use the Platform 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 Platform.
  3. You may not cause harm to the Platform or the Livestock Framing Service.
    Prohibited activities include, but are not limited to:
    1. 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.
    2. You may not modify, reverse engineer, decompile or disassemble any technology used to provide the Livestock Framing Service.
    3. Aside from normal activities pertaining to Internet search engines, you may not use a robot, spider or other device tomonitor the activity on or copy pages from the Platform.
    4. You may not impersonate another person or entity and/or misrepresent your affiliation with a person or entity.
    5. You may not engage in any activity that would interfere with another user’s ability to use the Livestock Framing Service.
    6. You may not access, tamper with, or use non-public areas of the Platform. Unauthorized individuals attempting to access these areas of the Website may be subject to prosecution.
    7. Livestock Framing will not be liable for any loss or damage arising from your failure to comply with these terms.

Copyright Complaints:

  1. If you believe that any material on the Platform infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.
    Name of Agent Designated to Receive Notification of Claimed Infringement:Jay Richardson
    Full Address of Designated Agent to Which Notification Should be Sent:5300 Meadows Rd, Suite 200 | Lake Oswego, OR 97035
    Telephone Number of Designated Agent:(503) 620-8900
    Facsimile Number of Designated Agent:(503) 620-4878
  2. We may give notice of a claim of copyright infringement to our users by means of a general notice on the Platform, electronic mail to a user's e-mail address in our records, or by written communication sent by first-class mail to a user's address in our records.

Usage Rights:

  1. Copyrighted material including, but not limited to photograph(s) licensed or sold by Livestock Framing, remains with the copyright holder at all times. Platform users may not reproduce copyrighted material (e.g. purchased photographs) without express permission from Livestock Framing or, in certain instances, the copyright holder.

Service:

  1. Livestock Framing reserves the right to modify and/or make alterations to the Service and Platform 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.

Representations and Warranties:

  1. You represent and warrant to Livestock Framing and Livestock Framing represents and warrants to you that:
    1. You or it has the full power and authority to enter into and perform under this TOS.
    2. 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:
    1. You will not infringe the copyright, trademark, patent, trade secret, right of privacy, or any legal right of any third party.
    2. 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:
    1. Your use of the Platform
    2. Your connection to the Platform
    3. Your violation of this TOS
    4. Your violation of any rights of a third party

Disclaimers and Exclusions:

  1. LIVESTOCK FRAMING PROVIDES THE PLATFORM AND LIVESTOCK FRAMING SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS. LIVESTOCK FRAMING DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM, LIVESTOCK FRAMING SERVICE OR ITS USE:
    1. WILL BE UNINTERRUPTED
    2. WILL BE FREE OF INACCURACIES OR ERRORS
    3. WILL MEET YOUR REQUIREMENTS
    4. 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:
    1. THE AMOUNT PAID BY LIVESTOCK FRAMING TO YOU DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT THAT GIVES RISE TO SUCH LIABILITY
      OR
    2. $100

Termination:

You agree that Livestock Framing, in its sole discretion, may terminate your password, account, or use of the Platform at any time and for any reason. You agree that any termination of your access to the Platform 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 Platform. You also agree that Livestock Framing will not be liable to you or any third-party for any termination of your access to the Platform. If you object to any terms or conditions or become dissatisfied with the Platform in any way, your only recourse is to discontinue your use of the Platform 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.