Please read the following Terms of Use carefully and accurately. The following Terms of Use govern your use and access of FranklinPressOnline.com (stated henceforth as "Franklin Press" and "our Site"). By using and/or accessing Franklin Press, you consent to be bound by these Terms of Use as well as any additional guidelines, restrictions, or rules that may be posted in connection with specific services or sections of Franklin Press.
Governing Law
This agreement shall be governed, construed, and enforced in accordance with the laws of the State of Alabama, without regard to its conflict of laws rules.
Copyright Policy, Copyright Materials, and Trademarks
By accessing and using Franklin Press, you are showing that you have full rights to use the design, images, and copy in your piece without infringing the intellectual property rights of third parties. You acknowledge that subject matter does not need to bear a copyright or trademark notice in order to be protected by copyright law and an absence of such notice does not grant a right to reproduce; furthermore, you warrant that no copyright or trademark has been removed from any material used in preparing your Content for reproduction.
Indemnification
By accessing and using Franklin Press, you agree to indemnify and hold harmless Franklin Press and our affiliates, subsidiaries, officers, business partners, agents, or employees from any demand or claim, including reasonable attorney's fees, made by any third party arising out of or due to Content you transmit or submit through Franklin Press or your violation of our Terms of Service or Privacy Policy.
Registration & Account Handling
In order to open an account on Franklin Press, you must (i) agree to these Terms of Service, and (ii) provide any other information required by Franklin Press during the registration process. You will update this information to maintain its accuracy during the time you are using our Site. You are responsible for maintaining the security of your account and password. You agree that you will be responsible for all actions and all orders placed through your registered account. Franklin Press cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You are also responsible for all content, code, features, comments, graphics, or text that you may post on the Franklin Press site (the “Content”) and activity that occurs under your Account (even when Content is posted by others who have access to your Account). Any information submitted by you shall be subject to Franklin Press's Privacy Policy. One person or legal entity may not maintain more than one Account. Accounts registered by “bots” or other automated methods are not permitted.
As a condition of your use of our Site, you agree to (a) provide Franklin Press with true, accurate, current and complete information as prompted by the Franklin Press registration forms, when registering for or using our Site and (b) update and maintain the truthfulness, accuracy and completeness of such information.
Submitted Content
By using Franklin Press, you agree to not use our Site to upload, send, post, or otherwise transmit any Content that violates any applicable federal or state laws or any of your local laws and regulations. You acknowledge that we shall have the right to refuse to print any Content that is in violation of this agreement or may otherwise be objectionable or obscene and that any harm resulting from such Content is entirely your responsibility, whether the Content in question constitutes graphics, text, computer software, or audio. Furthermore, you acknowledge that we may disclose Content if required to do so by law or in good faith that disclosure is necessary to comply with claims or legal actions, or to protect the property, personal safety, or rights of our business, our customers, and the public.
When you, or someone on your behalf, orders a print item under your account, you grant us the license to access and store the digital files for use in processing print orders. You warrant that you have sufficient rights to permit Franklin Press to modify, copy, create derivative works, and vectorize any submitted or transmitted content for the purpose of fulfilling your order. You agree that we are not liable and have no responsibility for the deletion or failure to store any Content transmitted to our Site. We occasionally may include customers' submitted content of our products on our Site or in our sample packet. You agree to grant us permission to display or mail samples or your piece(s) unless you specifically request that we do not include them in our samples (this applies to all customers).
You hereby agree that you take full responsibility for the accuracy and sufficient rights for all submitted content and agree that Franklin Press is not responsible for errors on your part.
Cancellation and Correction Fee Policies
You may cancel your orders at any given time prior to approving your proof without incurring any charges. Payment is due in full after your proof is approved. If you find errors or you wish to make a change with your proof, you can submit to us a revised version with the proper corrections or submit up to three rounds of minor corrections for us to make at no charge; however, extensive changes and/or corrections may be subject to additional fees. There is no charge whatsoever for any corrections that is needed as a result of any errors we introduced in preparing your proof.
Limitation of Liability
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via our Site. Any use of or reliance on any Content or materials posted via our Site or obtained by you through our Site is at your own risk.
In no event shall Franklin Press or its licensor's, vendors, or suppliers, their employees, officers, directors, or agents, be liable for any special, indirect, incidental, or consequential damages of any kind, or from any damages whatsoever resulting from loss of data, use, or profits, whether or not Franklin Press has been advised of the possibility of damage, arising out of or in connection with the use or performance of our Site or of failure to provide products or services that you order from Franklin Press or our affiliates, including without limitation, damages arising from mistake, omission, virus, spam, trojan, worms, malware, delay, or interruption of service. In no event shall Franklin Press be liable or responsible for any damages or consequences arising from or related to your inappropriate or unauthorized use of our Site or its Content.
You are responsible for all activity occurring under your Accounts and are solely responsible for compliance with all applicable local, state, national and foreign laws, treaties and regulations relating to your use of the Franklin Press Site, including those related to the protection of intellectual property, data privacy, international communications and the transmission of technical or personal data.
You shall: (i) notify Franklin Press immediately of any unauthorized use of any password or account or any other known or suspected breach of security; and (ii) report to Franklin Press immediately and use reasonable efforts to stop immediately any copying or distribution of Content that is known or suspected by you.
You are responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Franklin Press Site, including, without limitation, modems, hardware, server, software, Internet browsers operating system, networking, web servers, long distance and local telephone service, but excluding the Franklin Press Site itself (collectively, “Equipment”). You shall be responsible for ensuring that such Equipment is compatible with the Franklin Press Site. You shall also be responsible for the use, and maintaining the security, of the Equipment.
We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Service and to terminate users or reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Franklin Press, its users and the public.
Links To Other Web Sites
Our Site may contain links to third–party web sites or services that are not owned or controlled by Franklin Press.
Franklin Press has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Franklin Press shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
Newsletter
By subscribing to our newsletter you agree to receive emails from us. The aim of our newletter service is to keep our customers and visitors updated about exclusive online deals and new service offerings. The subscription to our newsletter service is not mandatory. The frequency of the newletter issues will be at most two or three times a month. We reserve the sole right to either modify or discontinue the newletter, at any time with or without notice to you. We will not be liable to you or any third party should we exercise such right. Any new features that augment or enhance the then-current services on this site shall also be subject to these Terms of Use. We will not communicate / spread / publish or otherwise give away your address. You'll be able to change your subscription settings or to delete it all together anytime.
Proprietary Rights
All the Content and all pages within our Site are the property of Franklin Press. Franklin Press and respective logos are trademarks and/or service marks owned by Franklin Press. All other trademarks, service marks, logos, and certain Content used on our Site are the trademarks, service marks, logos, and certain Content of their respective owners.
Permission is granted to download and use on our Site for non-commercial, private purposes only, with no alterations. You can host or include the downloaded material and summary on your site or e-publication, with the link to the Franklin Press URL. You may access our content only directly through Franklin Press. You may not permit the Franklin Press Site to be used by or for the benefit of unauthorized third parties. Nothing in the Terms of Service shall be construed to grant you any right to transfer or assign rights to access or use the Franklin Press Site. All rights not expressly granted to you are reserved by Franklin Press and its licensors. You shall not (i) modify or make derivative works based upon the Franklin Press Site; (ii) reverse engineer or access the Franklin Press Site in order to (a) build a competitive product or service, (b) build a product using similar features, functions or graphics of the Franklin Press Site, or (c) copy any features, functions or graphics of the Franklin Press Site. You further acknowledge and agree that, as between the parties, Franklin Press owns all right, title, and interest in and to the Franklin Press Site, including all intellectual property rights therein.
Franklin Press may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
Your use of Franklin Press and any downloaded or republished material from our Site does not create a license or any other rights in Franklin Press's trademarks, service marks, or any other intellectual property or proprietary rights.
Franklin Press reserves the right to investigate and prosecute violations of any of these Terms of Service to the fullest extent of the law. Franklin Press may involve and cooperate with law enforcement authorities in prosecuting users who violate the Terms of Service. You acknowledge that Franklin Press has no obligation to pre-screen or monitor your access to or use of the Franklin Press Site or any information, materials or other content provided or made available through the Franklin Press Site, but has the right to do so. You hereby agree that Franklin Press may, in the exercise of Franklin Press’s sole discretion, remove or delete any entries, information, materials or other content that violates these Terms of Service or that is otherwise objectionable.
Disclaimer of Warranties
Franklin Press disclaims any and all responsibility or liability for the accuracy, reliability, operability, completeness, content, legality, or availability of information or material displayed. Franklin Press disclaims any and all responsibility for the deletion, mis-delivery, failure to store, damages occurred during shipping or once received by you, or untimely delivery of any information or material. Franklin Press disclaims any and all responsibility for any harm resulting from accessing or downloading any information or material on our Site. Franklin Press makes no warranty or representation regarding the sufficiency of our security measures. Everything on our Site and offered by Franklin Press are provided on an "as is" and "as available" basis, with no warranties whatsoever. Franklin Press does not warrant that our Site and Services will meet your specific requirements. Franklin Press does not warrant that any material purchased or obtained by you through our Site or Services will meet your expecations.
Site Feedback
Any suggestions, comments, proposals, or other feedback information provided to Franklin Press in connection with content or operation of our Site for inclusion on our Site shall be provided by the submitter and received by Franklin Press on a non-confidential basis. You agree, by submitting such Content for inclusion on our Site, that you grant Franklin Press a world-wide, royalty-free, commercial and non-commercial right to use, and non-exclusive license to modify, reproduce, and publish the Content for the purpose of distributing, displaying, marketing, promoting or any other lawful use; furthermore, you agree that Franklin Press shall be free to use such Content on an unrestricted basis.
Termination
Franklin Press may terminate your access to any and/or all part of our Site at any time, with or without notice, with or without cause, effective immediately. To terminate this agreement, simply discontinue using our Site. Franklin Press reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Franklin Press Site and Service (or any part thereof) with or without notice. Franklin Press shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the our Site.
Notification of Changes
Franklin Press reserves the right to alter our Site and to these Terms of Use at any given time without prior notice. Any and all persons are encouraged to review these Terms of Use upon each access of our Site.