Online Products, Content, Specifications: Franklin Art Glass attempts to ensure that information on this Web Site is complete, accurate and current. However, we do not guarantee that any content on this Web Site is complete. If we discover any inaccuracies, errors or omissions we reserve the right to correct those errors at any time. All content, specifications, products, product pricing and services described or depicted on this Web Site are subject to change at any time without notice. We make all reasonable efforts to accurately display the attributes of our products, including applicable colors. Because computer monitors and printers vary widely, photographs on this site may not reliably portray the glass or color. We also reserve the right to discontinue offering any product, sales or other special offers at any time. We reserve the right to refuse or cancel any order or sale, for reasons including but not limited to: inaccuracies, limitations in product availability, errors in product or pricing information, suspect fraud, or problems with method of payment. If an order you have placed is cancelled or changed, every reasonable effort to contact you will be made.
Password: You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify Franklin Art Glass of any unauthorized use of your password or any breach of security. You also agree that Franklin Art Glass cannot and will not be liable for any loss or damage arising from failure to keep your password secure.
Account Transfer: You may not transfer or sell your Franklin Art Glass account and/or User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
Right to Refuse Service: Franklin Art Glass reserves the right, in Franklin Art Glass’s sole discretion, to cancel unconfirmed or inactive accounts. Franklin Art Glass reserves the right to refuse service to anyone, for any reason, at any time.
Restricted Activities: Your use of Franklin Art Glass shall not:
- Be false, inaccurate or misleading
- Be fraudulent or involve the intended sale of illegal, counterfeit or stolen items
- Infringe upon any third party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy
- Violate this Agreement, any site policy, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
- Contain items that have been identified by the U.S. Consumer Products Safety Commission (CPSC) as hazardous to consumers and therefore subject to a recall
- Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including Franklin Art Glass staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
- Be obscene or contain child pornography
- Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
- Host images not part of a listing
- Modify, adapt or hack Franklin Art Glass or modify another website so as to falsely imply that it is associated with Franklin Art Glass
- Appear to create liability for Franklin Art Glass or cause Franklin Art Glass to lose (in whole or in part) the services of Franklin Art Glass’s ISPs or other suppliers
- Contain any links, URLs, or attempt to lead viewers to locations off Franklin Art Glass unless explicitly given permission by Franklin Art Glass to do so
Other Resources: Franklin Art Glass is not responsible for the availability of outside websites or resources linked to or referenced on the Site. You agree that Franklin Art Glass 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 the use of or reliance on any such content, goods or services available on or through any such websites or resources.
Copyright and Intellectual Property Policy: Franklin Art Glass Studios, Inc. has adopted the following policy regarding copyright and intellectual property infringement in accordance with the Digital Millennium Copyright Act. For more information visit http://lcweb.loc.gov/copyright/legislation/dmca.pdf. Franklin Art Glass will respond to a proper notice by removing or disabling access to material claimed to be subject of infringing activity or contacting the person or business submitting notice directly for additional information regarding the notice.
Procedure for Reporting Copyright and Intellectual Property Infringements: If you believe that material residing on or accessible through the Franklin Art Glass Web Site or service infringes a copyright or other intellectual property right, you must send a written notice of the infringement to:
Franklin Art Glass Studios
222 E. Sycamore Street
Columbus, Ohio 43206
The notice must include the following information:
- Identification of the material that is claimed to be infringing upon the intellectual property. Include information regarding the location of the infringing material with sufficient detail so that Franklin Art Glass is capable of locating and verifying its existence.
- Contact information including the name of the intellectual property owner or the name and title of the person contacting Franklin Art Glass on the owner’s behalf; including addresses, telephone numbers and email addresses.
- A statement of good faith belief that use of the material is not authorized by the intellectual property or copyright owner, its agent, or the law.
- A signed statement made under the penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the intellectual property or copyright owner.
Once Infringement Notification is received, it is Franklin Art Glass’s policy to:
- Remove or disable access to the material infringing upon the intellectual property.
- Notify the user that Franklin Art Glass has removed or disabled access to the material.
Franklin Art Glass’s Intellectual Property: Franklin Art Glass, and other Franklin Art Glass graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Franklin Art Glass Studios, Inc. in the U.S. and/or other countries. Franklin Art Glass’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
Access and Interference: You agree that you will not:
- Copy, reproduce, modify, or create derivative works without the prior expressed written permission of Franklin Art Glass, as applicable
- Interfere or attempt to interfere with the proper working of the Web Site or any services on the Franklin Art Glass Web Site
No Warranty: Franklin Art Glass Studios, Inc., Officers, Directors, Employees and Franklin Art Glass’s suppliers provide Franklin Art Glass’s Web Site and Services “As Is” and without any warranty or condition, express, implied or statutory. Franklin Art Glass Studios, Inc., Officers, Directors, and Employees specifically disclaim any implied warranties of title, merchantability, Performance, Fitness for a particular purpose and non-infringement. In addition, no advice or information (oral or written) obtained by you from Franklin Art Glass shall create any warranty. Some States in the U.S. do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary depending on State.
Liability. In no event shall Franklin Art Glass Studios, Inc., Officers, Directors, Employees or Franklin Art Glass’s Suppliers be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Web Site, Franklin Art Glass’s Services, or this agreement, including without limitation, lost profits, bodily injury, emotional distress, or any special, incidental or consequential damages. Franklin Art Glass’s Liability, Officers, Directors, Employees, and Franklin Art Glass’s Suppliers, to you or any third parties in any circumstance is limited to the greater of (A) The amount of fees you pay to Franklin Art Glass in the 12 months prior to the action giving rise to liability, and (B) $100.00 – Some States in the U.S. do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Indemnity: You agree to indemnify and hold Franklin Art Glass Studios, Inc., Officers, Directors, and Employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to, or arising from breach of this agreement, or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
Service Outage: Franklin Art Glass does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside Franklin Art Glass’s control.
Severability: If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect.
No Agency: You and Franklin Art Glass are independent entities, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Litigation: This Agreement shall in all respects be interpreted and construed with and by the laws of the State of Ohio and disputes arising under this Agreement will be adjudicated by the courts of the State of Ohio.
Survival: The following shall survive any termination or expiration of this Agreement.
Notices: Notices shall be given by postal mail to:
Franklin Art Glass Studios
222 E. Sycamore Street
Columbus, Ohi 43206
Notices can also be given by the email address you provide to Franklin Art Glass. Notices shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Franklin Art Glass may also give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Franklin Art Glass.