FastFrame Terms of Use and Service

8/29/2023

PLEASE READ THIS TERMS OF USE AGREEMENT (THE “TERMS OF USE”) CAREFULLY.
BY ACCESSING OR USING THIS WEBSITE OR ANY OTHER WEBSITES OF FASTFRAME, INC.,
ITS AFFILIATES OR AGENTS (“FASTFRAME”, “WE”, “OUR”) WITH LINKS TO THIS
AGREEMENT IN ANY WAY, INCLUDING BUYING ANY FRAMES OR OTHER PRODUCTS WE SELL ON
THE SITE (“PRODUCTS”) OR OTHER SERVICES PROVIDED BY US, INCLUDING OUR MOBILE
APPLICATION (“APPLICATION”, AND TOGETHER WITH THIS SITE AND ANY SUCH OTHER
WEBSITES, COLLECTIVELY, THE “SITE”) AND ANY SERVICES ENABLED VIA THE SITE OR
APPLICATION (TOGETHER WITH THE PRODUCTS, COLLECTIVELY, THE “SERVICES”) BY FASTFRAME
AND/OR MERELY BROWSING THE SITE, YOU REPRESENT THAT (1) YOU HAVE READ,
UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS OF USE, (2) YOU ARE OF LEGAL
AGE TO FORM A BINDING CONTRACT WITH FASTFRAME, AND (3) YOU HAVE THE AUTHORITY
TO ENTER INTO THESE TERMS OF USE PERSONALLY OR ON BEHALF OF THE COMPANY YOU
HAVE NAMED AS THE USER, AND TO BIND THAT COMPANY TO THESE TERMS. THE TERM “YOU”
REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, IDENTIFIED AS THE USER
WHEN YOU REGISTERED ON THE SITE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS
OF USE, YOU MAY NOT ACCESS OR USE THIS SITE OR THE SERVICES.

Your use of, and participation in, certain Services may be subject to
additional terms (“Supplemental Terms”) and such Supplemental Terms will either
be listed in these Terms of Use or will be presented to you for your acceptance
when you sign up to use the supplemental Service. If these Terms of Use are
inconsistent with such Supplemental Terms, the Supplemental Terms shall control
with respect to such Service. These Terms of Use and any applicable
Supplemental Terms are referred to herein as the “Terms.”

We know that your privacy is important. For this reason, we have created
a privacy policy that describes our collection, use and disclosure practices
regarding any personal information that you provide to us. Please see our Privacy Policy. By using the Site
and the Services, you consent to all actions taken by us with respect to your
information as set forth in the Privacy Policy.

Please note that these Terms are subject to change by Fastframe in its
sole discretion at any time. When changes are made, Fastframe will make a new
copy of the Terms available at the Site and any new Supplemental Terms will be
made available from within, or through, the affected Service on the Site. We
will also update the “Last Updated” date at the top of these Terms of Use. Fastframe
may require you to provide consent to the updated Terms in a specified manner
before further use of the Site or the Services is permitted. If you do not
agree to any change(s) after receiving a notice of such change(s), you shall
stop using the Site and/or the Services. Otherwise, your continued use of the
Site and/or Services constitutes your acceptance of such change(s). PLEASE
REGULARLY CHECK THE SITE TO VIEW THE THEN-CURRENT TERMS.

USERS. You may simply browse the Site, or you may register with Fastframe and create an “Account”. You do not have to have an Account to order Products. You must, however, only provide us with true, accurate, current and complete information for your Account and/or Orders (defined below). If we believe or suspect that your information is not true, accurate, current or complete, we may deny or terminate your access to the Site or Services (or any portion thereof).

ACCOUNTS. If you set up an Account, you are required to provide your name and email address and select a password (collectively, your “Account Information”), which you may not transfer to or share with any third parties. If someone accesses our Site or Services using your Account Information, we will rely on that Account Information and will assume that it is really you or your representative who is accessing the Site and Services. You are solely responsible for any and all use of your Account Information and all Orders and activities that occur under or in connection with the Account. Without limiting any rights which we may otherwise have, we reserve the right to take any and all action, as it deems necessary or reasonable, to ensure the security of the Site and your Account, including without limitation terminating your Account, changing your password, or requesting additional information to authorize transactions on your Account. You agree to be responsible for any act or omission of any users that access the Site or Services under your Account Information that, if undertaken by you, would be deemed a violation of these Terms. In no event and under no circumstances will Fastframe be held liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction of Fastframe under this provision, (ii) any compromise of the confidentiality of your Account or password, and (iii) any unauthorized access to your Account or use of your password. You may not use anyone else's Account at any time, without the permission of the Account holder. Please notify us immediately if you become aware that your Account Information is being used without authorization. You agree not to register for more than one Account, register for an Account on behalf of an individual other than yourself without such individual’s authorization, or register for an Account on behalf of any group or entity

ORDERS. These Terms of Use shall govern any order you make through the Site for Products and/or Services (such order, an “Order”).

Procedures for Placing an Order: Unless otherwise specified on the Site,
Orders through our Site are made through the following process:

When you place an Order on our Site for a specific Product(s), you will select your Products and provide your Payment information to Fastframe as set forth below. Fastframe will process your payment at the time that you place your Order.

The item that you wish to have framed is referred to herein as your “Artwork”. You may either send us a digital copy of your Artwork or the actual Artwork.

 If you are providing Fastframe with a digital copy of your Artwork (the “Digital Artwork”), please upload the digital file of the Artwork to the Site. Fastframe will print such Artwork and frame such Artwork solely according to your specifications as set forth on the Site. Please note that Fastframe may choose to not complete your Order for any reason, including without limitation, if Fastframe believes that you do not have the proper ownership rights to reproduce the Digital Artwork. In such case, Fastframe will cancel your Order and refund any payments made by you.

If you are providing Fastframe with a non-digital copy of your Artwork, Fastframe will send you packaging material for you to package your Artwork and send such Artwork to Fastframe to be framed.

Upon your receipt of the packaging materials, please properly package your Artwork in accordance with the instructions set forth in such materials or as otherwise specified on the Site. Please send back to us your Artwork in such packaging Materials and in accordance with the delivery instructions provided to you by Fastframe. In the event that Fastframe has not received your Artwork within ninety (90) days of the date that you placed your Order, upon your written request, Fastframe will cancel your Order. Following such cancellation, Fastframe will refund the amount of your payment for such Order, less a $10.00 shipping and handling fee which will be retained by Fastframe.

Upon receipt of your Artwork, Fastframe will frame your Artwork using the Products set forth in your Order. In the event that Fastframe is not able to complete your Order for any reason, Fastframe will return to you your Artwork and refund any payments made by you.

 Following completion of the framing of your Artwork, Fastframe will send to you your framed Artwork (the “Final Product”, which constitutes a Product under these Terms). The Products are subject to Fastframe’s then-current return policy, as posted on the Site.

Acceptance of Your Order: Your placement of an Order through our Site is an offer to purchase the Product(s) and/or Services ordered
and we may accept your Order by processing your payment and shipping the Final
Product(s). Your receipt of an electronic or other form of Order confirmation does not signify our acceptance of your Order, nor does it constitute confirmation of our offer to sell. For any reason, we may decline to accept your Order or any part of your Order. No Order will be considered accepted by Fastframe until the Final Product(s) has been shipped to you. If some of the Products in your Order are temporarily out of stock, we will ship the available Products only and notify you of any Products that cannot be fulfilled. If we decline to
accept your Order, we will attempt to notify you at the email address you provided. We further reserve the right any time after receipt of your Order, without prior notice to you, to supply less than the quantity you ordered of any item. Your Order will be deemed accepted by Fastframe upon our delivery of the Final Products that you have ordered. We may require additional verifications or information before accepting any Order. All Products shall be deemed accepted by you upon shipment, and title to, and risk of loss of, the Products passes to you when Fastframe provides the Product(s) to a common carrier.

Shipping of Orders: Any estimated shipping date
provided by Fastframe is based on the date that Fastframe receives your Artwork from you, Product availability and payment processing time, and does not
include transit time. Fastframe only ships currently to addresses in the United
States.

PAYMENT. To pay for an Order, you will need to provide Fastframe with the information necessary to process an Order from you, including your shipping address and the billing information requested on the Site to pay for such Order. You may pay for your Order via credit card or any other manner then available on the Site. By submitting your payment information to us, you authorize us to charge the applicable payment method at our convenience but within thirty (30) days of credit card authorization. You represent that you will not use any credit card or other form of payment unless you have all necessary authorization to do so. We assume that because Orders require a valid credit card, only persons age 18 or over are placing Orders, and providing us with the information requested during the Order process. We shall not be liable in the event your children or others acting with or without your permission use your credit card or other means of payment to make purchases on the Site (and to the extent your minor children make any such purchases, you hereby represent and warrant that they are authorized to do so); however you may report any unauthorized use to us, and we will use reasonable measures within our control to help prevent future unauthorized use of your card.

PRICING AND PRODUCTS. We make efforts to display our Products and their colors as accurately as possible. Having said that, the displayed colors of the Products will depend upon your monitor and we cannot guarantee that your monitor will accurately portray the actual colors of the Products. Products displayed may be out-of-stock or discontinued, and prices are subject to change. We cannot confirm the price of an item until you place an Order. In addition, in the event that we receive your Artwork and we determine that the Product that you have ordered will not work for your Artwork, we will communicate with you to determine if you would like to change your Order to a different Product. In the event that you change your Order, the price of your Order will likely change. You authorize us to charge your payment method for any changes to your Order that you have approved. Despite our best efforts, a small number of the items on our Site may be mispriced. We are not responsible for typographical errors regarding price or any other matter. Unless otherwise noted on the Site at the time of your Order, all prices include shipping and handling. Unless otherwise set forth on the Site, the prices do not include sales taxes or any other taxes that we are required to add to your Order. Such taxes will be added to your total purchase price, if applicable.

PROMOTIONAL OFFERS; GIFT CARDS. We may run promotional offers from time to time on the Site. The terms of any such promotion will be posted on the Site. Unless otherwise indicated, we may establish and modify, in our sole discretion, the terms of such offer and end such offer at any point. Only one promotional code may be used per transaction.

Fastframe gift cards and gift certificates ("Gift Cards") may only be
redeemed toward the purchase of eligible goods and services provided by Fastframe on www.Fastframe.com. Purchases are deducted from the redeemer’s Gift Card
balance. Any unused Gift Card balance will be placed in the redeemer’s Fastframe.com
account. If a purchase exceeds the redeemer’s Gift Card balance, the remaining
amount must be paid with another payment method. No fees apply to Gift Cards.
Gift cards do not expire.

Gift Cards may not be redeemed for the purchase of products at any other
website. Gift Cards cannot be used to purchase other gift cards. Gift Cards
cannot be reloaded, resold, transferred for value or redeemed for cash, except
to the extent required by law. Unused Gift Card balances in a Fastframe.com
account may not be transferred to another Fastframe.com account.

The risk of loss and title for Gift Cards pass to the purchaser upon FastFrame’s
electronic transmission of the Gift Card to the purchaser or designated recipient,
or FastFrame’s delivery to the carrier, whichever is applicable. Fastframe is
not responsible if any Gift Card is lost, stolen, destroyed or used without
your permission.

We have the right to close customer accounts and bill alternative forms of
payment if a fraudulently obtained Gift Card is redeemed and/or used to make
purchases on Fastframe.com.

FASTFRAME MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A GIFT CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND FASTFRAME’S SOLE LIABILITY, WILL BE THE REPLACEMENT OF SUCH GIFT CARD. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

OWNERSHIP. You understand and acknowledge that the software, code, proprietary methods and systems used to provide the Site and/or Services (“Our Technology”)
are: (i) copyrighted by us and/or our licensors under United States and
international copyright laws; (ii) subject to other intellectual property
and proprietary rights and laws; and (iii) owned by us or our licensors.
Our Technology may not be copied, modified, reproduced, republished,
posted, transmitted, sold, offered for sale, or redistributed in any way
without our prior written permission and the prior written permission of
our applicable licensors. You must abide by all copyright notices,
information, or restrictions contained in or attached to any of Our Technology. Nothing in these Terms of Use grants you any right to receive
delivery of a copy of Our Technology or to obtain access to Our Technology
except as generally and ordinarily permitted through the Site according to
these Terms of Use. Furthermore, nothing in these Terms of Use will be deemed
to grant, by implication, estoppel or otherwise, a license to Our Technology. Certain of the names, logos, and other materials displayed on
Products, the Site or in the Services constitute trademarks, tradenames,
service marks or logos (“Marks”) of Fastframe or other entities. You are
not authorized to use any such Marks. Ownership of all such Marks and the
goodwill associated therewith remains with us or those other entities. Any
use of third party software provided in connection with the Site or Services
will be governed by such third parties’ licenses and not by these Terms of
Use.

Usage. Subject to
these Terms of Use, Fastframe grants you a limited license to reproduce
portions of the information and content available on the Site and in the
Services for the sole purpose of using the Site and Services for your
personal or non-commercial purposes. Unless otherwise specified by Fastframe
in a separate license, your right to use such materials that you access
or download through the Site or the Services is subject to the Terms.

Third-Party Materials. As a part of the Site and/or Services, you may have
access to materials that are hosted by another party. You agree that it
is impossible for Fastframe to monitor such materials and that you access
these materials at your own risk.

USER AND ARTIST
SUBMITTED MATERIALS.

Any materials
submitted by you to Fastframe, including, without limitation, your
Artwork, photographs, images, text, graphics and other materials
(collectively, "User Submitted Materials") are subject to the
following terms and conditions. You will retain ownership of such User
Submitted Materials, and you grant FASTFRAME and our designees a limited,
non-exclusive, royalty-free, right and license, to use, reproduce,
distribute, create derivative works of and publicly display such User
Submitted Materials (i) to enable you to use the Service to create,
produce and purchase Products, (ii) in connection with the production or
provision of any Product or Service you request, (iii) to show you how
your User Submitted Materials would appear in our Products or Services,
and (iv) to enable FASTFRAME to provide the Products and Services. For
example, when you place an Order for a Product, we will prepare,
manipulate (if necessary), and transmit the User Submitted Materials for
framing, packaging and shipment. With respect to materials submitted by an
Artist to Fastframe, including, without limitation, Artwork, photographs,
images, text, graphics and other materials (collectively, "Artist
Submitted Materials", and together with the User Submitted
Materials, the “Submitted Materials”), the Artist retains ownership of
all of such Artist Submitted Materials. FASTFRAME agrees that it will
work individually with an Artist to obtain any rights to use, reproduce ,
distribute and publicly display Artist Submitted Materials on the Site or
in other FASTFRAME marketing materials and solely with the consent of the Artist.

Please note that, while you retain ownership of your Submitted Materials, any
template or layout in which you arrange or organize such Submitted
Materials through tools and features made available through our Sites are
not proprietary to you, and the rights to such template or layout will
remain with us.

You represent
and warrant that you own or otherwise possess all necessary rights with
respect to the Submitted Materials, and that the Submitted Materials do
not and will not infringe, misappropriate, use or disclose without
authorization or otherwise violate any copyright, trade secret right or
other intellectual property or other property right of any third party,
and that the Submitted Materials are not unlawful, fraudulent,
threatening, abusive, libelous, defamatory, obscene or otherwise
objectionable. You warrant that the holder of any worldwide intellectual
property right, including moral rights, in Your Submitted Materials, has
completely and effectively waived all such rights and validly and
irrevocably granted to you the right to grant the license stated above.

You consent to
the use of your likeness, and you have obtained the written consent,
release, and/or permission of every identifiable individual who appears
in Submitted Materials to use such individual's likeness, for purposes of
using and otherwise exploiting the Submitted Materials in the manner
contemplated by these Terms, or, if any such identifiable individual is
under the age of eighteen (18), you have obtained such written consent,
release and/or permission from such individual's parent or guardian (and
you agree to provide to us a copy of any such consents, releases and/or
permissions upon our request). If you do submit a submission that
contains the likeness of an identifiable individual under the age of
eighteen (18), we strongly encourage you not to include any identifying
information (such as the individual's name or address) with such
Submitted Materials.

You agree that
we may (but are not obligated to) filter any Submitted Materials
(including, without limitation, deleting or replacing expletives or other
harmful or offensive language), refuse to use any Submitted Materials
(including, without limitation, suspending processing and shipping of any
Order relating to any User Submitted Materials) and/or disclose any
Submitted Materials and the circumstances surrounding the use thereof, to
any third party in order to provide the applicable Products or Services,
to enforce these Terms or to comply with legal obligations or
governmental requests.

You agree to
indemnify and hold us, our directors, officers, shareholders, employees,
contractors, agents, representatives, affiliates, and third party users
harmless from and against any and all claims, causes of action,
liabilities, damages, losses, expenses and costs (including, without
limitation, attorneys' fees) that arise directly or indirectly out of or
from: (i) the Submitted Materials; and (ii) an actual or alleged
infringement or violation of any third party’s rights with respect to
such Submitted Materials.

You agree that
you, not Fastframe, are responsible for all of Your Submitted Materials.

We may, in our
sole discretion, determine whether Your Submitted Materials complies with
such instructions and is satisfactory for use in our Services. Submitted
Materials that violate these Terms may be removed from our Site;
provided, however, that we have no obligation to remove Submitted
Materials in response to user reports or requests. We are not responsible
for, and will have no liability for, the removal or non-removal of any
Submitted Materials from our Site.

RULES REGARDING
INFORMATION AND OTHER CONTENT. When you access the Site and/or
Services, you obtain access to various kinds of images, video, audio,
data, and other information and materials, all of which we call “Content.”
You agree not to revise Content posted by others, and you represent and
warrant that you will not use any Content in any manner or submit any
Submitted Materials or other Content that:

Infringes the
copyright, trademark, trade secret, or other intellectual property or
proprietary right of others;

Violates the
privacy, publicity, or other rights of third parties or any other law,
statute, ordinance or regulation;

Is false or
inaccurate or becomes false or inaccurate at any time; Is discriminatory,
unlawful, tortious, obscene, fraudulent, defamatory, harmful,
threatening, pornographic, indecent, vulgar, harassing, discourteous,
hateful, abusive or racially, ethnically, religiously, sexually or otherwise offensive, as determined by us in our sole discretion;

Discloses or
provides information protected under any law, agreement or fiduciary
relationship, including but not limited to proprietary or confidential
information of others;

Misrepresents
your identity in any way;

Contains any
viruses, Trojan horses, spyware. malware, worms, time bombs, cancelbots,
or other disabling devices or other harmful component intended to damage,
detrimentally interfere with, surreptitiously intercept or expropriate
any system, data or personal information;

Advocates or
encourages any illegal activity; or

Has the potential to create liability for us or cause us to violate the requirements of or to lose the services, in whole or in part, of our Internet service providers or other suppliers.

Though we strive to enforce these rules with all of our
users, you may be exposed through the Site or Services to Content that violates
our policies or is otherwise offensive. You access the Site and Services at
your own risk. We may, but are not obligated to, remove Content from the Site
for any reason, including if we determine or suspect that such Content violates
these Terms of Use. We are merely acting as a passive conduit for such
distribution and we take no responsibility for your exposure to Content on the
Site or through the Services whether it violates our content policies or not.

General Rules of User Conduct. It is our goal to make access to our Site and Services a
good experience for all of our users. You agree not to, and represent and
warrant that you will not use, reproduce, duplicate, copy, sell, resell or
exploit any portion of the Site or Services, your use of the Site or
Services, or access to the Site or Services for any purposes other than
for which the Site or Services are being provided to you, or do any of the
following:

Conduct or
promote any illegal activities while using the Site or Services;

Upload,
distribute or print anything that may be harmful to minors;

Attempt to
reverse engineer or jeopardize the correct functioning of the Site, or
otherwise attempt to derive the source code of the software (including
the tools, methods, processes, and infrastructure) that enables or
underlies the Site;

Attempt to
gain access to secured portions of the Site or Services to which you do
not possess access rights;

Upload or
transmit any form of virus, worm, Trojan horse, or other malicious code;

Use the Site
or Services to generate unsolicited email advertisements or spam;

Use the Site
or Services to stalk, harass or harm another individual;

Use any high
volume automatic, electronic or manual process to access, search or
harvest information from the Site or Services (including without
limitation robots, spiders or scripts);

Interfere in
any way with the proper functioning of the Site and Services or interfere
with or disrupt any servers or networks connected to the Site or
Services, or disobey any requirements, procedures, policies or
regulations of networks connected to the Site or Services;

Use any robot,
spider, other automatic device, or manual process to extract, “screen
scrape,” monitor, “mine,” or copy any static or dynamic web page on the
Site or the Content contained on any such web page for commercial use
without our prior express written permission;

Impersonate
any person or entity, or otherwise misrepresent your affiliation with a
person or entity; or

Mirror or
frame the Site or any Content, place pop-up windows over its pages, or
otherwise affect the display of its pages.

MOBILE APPLICATION.

License. Subject to
your compliance with these Terms, Fastframe grants you a limited
non-exclusive, non-transferable, non-sublicensable, revocable license to
download, install and use a copy of the Application on a mobile device
that you own or control and to run such copy of the Application solely to
access the Services for your own internal purposes. Furthermore, with
respect to any Application accessed through or downloaded from the Apple
App Store (an“Apple Sourced Application” ) you will only use the
Apple Sourced Application (i) on an Apple-branded product that runs the
iOS (Apple’s proprietary operating system) and (ii) as permitted by the
“Usage Rules” set forth in the Apple App Store Terms of Service.

App Store. You
acknowledge and agree that the availability of the Application and the
Services obtained through the Application may be dependent on the third
party from whom you received the Application license, e.g., the Apple
iPhone or Android app stores (“App Store” ). You acknowledge that
these Terms are between you and Fastframe and not with the App Store. Fastframe,
not the App Store, is solely responsible for the Services and
Application, the content thereof, maintenance, support services, and
warranty therefor, and addressing any claims relating thereto (e.g.
product liability, legal compliance, or intellectual property
infringement). In order to use the Application, you must have access to a
wireless network, and you agree to pay all fees associated with such
access. You also agree to pay all fees (if any) charged by the App Store
in connection with the Application or Services. You agree to comply with,
and your license to use the Application is conditioned upon your
compliance with, all applicable third party terms of agreement (e.g., the
App Store’s terms and policies) when using the Application and the
Services. You acknowledge that the App Store (and its subsidiaries) are
third party beneficiaries of these Terms and will have the right to
enforce them.

Apple Sourced Applications. The following applies to any
Apple Sourced Applications:

You acknowledge that Apple has no obligation whatsoever to furnish any
maintenance and support services with respect to the Apple Sourced
Application.

In the event
of any failure of the Apple Sourced Application to conform to any
applicable warranty, you may notify Apple, and Apple will refund the
purchase price for the Apple Sourced Application to you and to the
maximum extent permitted by applicable law, Apple will have no other
warranty obligation whatsoever with respect to the Apple Sourced
Application. As between Fastframe and Apple, any other claims, losses,
liabilities, damages, costs or expenses attributable to any failure to
conform to any warranty will be the sole responsibility of Fastframe.

You and Fastframe
acknowledge that, as between Fastframe and Apple, Apple is not
responsible for addressing any claims you have or any claims of any
third party relating to the Apple Sourced Application or your possession
and use of the Apple Sourced Application, including, but not limited to:
(i) product liability claims; (ii) any claim that the Apple Sourced
Application fails to conform to any applicable legal or regulatory
requirement; and (iii) claims arising under consumer protection or
similar legislation.

You and Fastframe
acknowledge that, in the event of any third party claim that the Apple
Sourced Application or your possession and use of that Apple Sourced
Application infringes that third party’s intellectual property rights,
as between Fastframe and Apple, Fastframe, not Apple, will be solely
responsible for the investigation, defense, settlement and discharge of
any such intellectual property infringement claim to the extent required
by these Terms.

You and Fastframe
acknowledge and agree that Apple, and Apple’s subsidiaries, are third
party beneficiaries of these Terms as related to your license of the
Apple Sourced Application, and that, upon your acceptance of these Terms
and conditions of these Terms, Apple will have the right (and will be
deemed to have accepted the right) to enforce these Terms as related to
your license of the Apple Sourced Application against you as a third
party beneficiary thereof.

Without
limiting any other terms of these Terms, you must comply with all
applicable third party terms of agreement when using the Apple Sourced
Application.

Open-Source Software. Certain software code incorporated into or
distributed with the Application may be licensed by third parties under
various “open-source” or “public-source” software licenses (such as the
GNU General Public License, the GNU Lesser General Public License, the
Apache License, the Berkeley Software Distribution License, and the Sun
Public License) (collectively, the “Open Source Software”).
Notwithstanding anything to the contrary in these Terms, the Open Source
Software is not licensed under Section 11(a) and instead is separately
licensed pursuant to the terms and conditions of their respective Open
Source Software licenses. You agree to comply with the terms and
conditions of such open-source software license agreements.

Third Party Services. We may enable you to link your use of the
Application with a valid account on a third party content service such as
Instagram (such service, a “Third-Party Service” and each such account, a
“Third-Party Account”) by allowing Fastframe to access your Third-Party
Account, as is permitted under the applicable terms and conditions that
govern your use of each Third-Party Account. You represent that you are
entitled to grant Fastframe access to your Third-Party Account without
breach by you of any of the terms and conditions that govern your use of
the applicable Third-Party Account and without obligating Fastframe to
pay any fees or making Fastframe subject to any usage limitations imposed
by such third-party service providers. By granting Fastframe access to
any Third-Party Accounts, you understand that Fastframe may access, make
available and store (if applicable) any Content that you have provided to
and/or stored in your Third-Party Account (“TPS Content”) so that it is
available on and through the Application. Unless otherwise specified in
the Terms, all TPS Content shall be considered to be Your Submitted
Materials for all purposes of the Terms, including, without limitation,
with respect to Section 8 above. You should note that a Third-Party
Service may change or amend its guidelines and our access to it at any
time, and we cannot guarantee that our Services will always include a
connection to such Third Party Service.

FEEDBACK.In the event
that you provide us any ideas, thoughts, criticisms, suggested
improvements or other feedback related to Products, the Site or the
Services (collectively“Feedback” ) you agree we may use the
Feedback to modify our Products, Site and Services and that you will not
be due any compensation, including any royalty related to the product or
service that incorporates your Feedback. You grant to us a worldwide,
royalty-free, fully paid, perpetual, irrevocable license to use,
reproduce, modify, translate, distribute, perform, display, import, sell,
offer for sale, make, have made and otherwise exploit the Feedback in any
form, media, or technology, whether now known or hereafter developed, and
to allow others to do the same. This is true whether you provide the
Feedback on the Site or through any other method of communication with us,
unless we have entered into a separate written agreement with you that
provides otherwise.

USE OF PRODUCTS BY FASTFRAME. From time to time, Fastframe may request your consent for Fastframe,
its affiliates and partners to use photographs and other reproductions of
Products ordered by you or provided to you, including Products that
contain your Submitted Materials, and other materials supplied by you to Fastframe
in Fastframe’s marketing materials, publicity and other materials and on
the Site. In such event, Fastframe will seek your consent prior to such
use. If you provide us with your consent, Fastframe, its affiliates and
partners will have a worldwide, non-exclusive, transferable, royalty-free,
perpetual irrevocable right and license, with right of to use, reproduce,
distribute, create derivative works of and publicly display, photographs
and reproductions of such Products and other materials in all media
existing now or created in the future to market our Products, Services and
Site and for such other purposes as we may determine.

MODIFICATIONS
TO AND DISCONTINUANCE OF THE SITE OR SERVICES. We reserve the
right to modify or discontinue the Site or Services with or without notice
to you. We will not be liable to you or any third party should we exercise
our right to modify or discontinue the Site and/or Services. You may need
to update third-party software from time to time in order to use the Site
and/or Services. If you object to any such changes, your sole recourse
will be to cease access to the Site or Services. Continued access to the
Site or Services following notice of any such changes will indicate your
acknowledgement of such changes and satisfaction with the Site or Services
as so modified. You agree that we, in our sole discretion, may immediately
terminate your access to the Site and Services at any time, for any
reason, in our sole discretion. YOU AGREE THAT WE WILL NOT BE LIABLE TO
YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SITE OR
SERVICES.

THIRD PARTY
CONTENT AND OTHER WEBSITES. Content from other users,
suppliers, advertisers, and other third parties may be made available to
you through the Site and/or the Services. Because we do not control such
content, you agree that we are not responsible for any such content. We do
not make any guarantees about the accuracy, currency, suitability, or
quality of the information in such content, and we assume no
responsibility for unintended, objectionable, inaccurate, misleading, or
unlawful content made available by other users, advertisers, and other
third parties or violation of any third party rights related to such
content. The Site and Services may contain links to websites not operated
by us. We are not responsible for the content, products, materials, or
practices (including privacy practices) of such websites. You understand
that by using the Site and/or Services you may be exposed to third-party
websites that you find offensive, indecent or otherwise objectionable. We
make no warranty, representation, endorsement, or guarantee regarding, and
accept no responsibility for, the quality, content, nature or reliability
of third party websites, products or services accessible by hyperlink or
otherwise from the Site or Services. We provide these links for your
convenience only and we do not control such websites. Our inclusion of
links to such websites does not imply any endorsement of the materials on
such third party websites or any association with their operators. The
Site and Services may contain links to websites that are operated by us but
which operate under different terms of use. It is your responsibility to
review the privacy policies and terms of use of any other website you
visit. YOU AGREE THAT IN NO EVENT WILL WE BE LIABLE TO YOU IN CONNECTION
WITH ANY WEBSITES, CONTENT, PRODUCTS, MATERIALS, OR PRACTICES OF ANY THIRD
PARTY.

DISCLAIMER OF
WARRANTIES. THIS SITE AND ALL CONTENT, PRODUCTS AND SERVICES INCLUDED ON OR
OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY FASTFRAME
“WITH ALL FAULTS” AND ON AN "AS IS" AND "AS AVAILABLE"
BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. FASTFRAME MAKES NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS
TO THE OPERATION OF THIS SITE OR THE CONTENT, PRODUCTS OR SERVICES
INCLUDED ON, OR OTHERWISE MADE AVAILABLE TO YOU THROUGH, THIS SITE, UNLESS
OTHERWISE SPECIFIED IN WRITING, INCLUDING, BUT NOT LIMITED TO, ANY
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE,
NON-INFRINGEMENT, QUIET ENJOYMENT, AND ACCURACY. YOU EXPRESSLY AGREE THAT
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

We make no warranty that the Products, Site or Services
will meet your requirements, or that the Site and/or Services will be
uninterrupted, timely, secure, or error free; nor do we make any warranty as to
the results that may be obtained from the use of the Products, Site or
Services, or that defects in the Site or Services will be corrected. You
understand and agree that you will be solely responsible for any damage to your
computer or loss of data that results from the download of any material and/or
use of any Product, Service or the Site. No advice or information, whether oral
or written, obtained by you from us through the Site, Services, or otherwise
will create any warranty, representation or guarantee not expressly stated in
these Terms of Use.

LIMITATION OF
LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT WE ARE ONLY WILLING TO SELL THE
PRODUCTS AND PROVIDE ACCESS TO THE SITE AND SERVICES IF YOU AGREE TO
CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND TO THIRD PARTIES. YOU
UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT
WILL WE OR OUR OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES,
AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, LOST
OPPORTUNITIES, OR BUSINESS INTERRUPTIONS OR OTHER INTANGIBLE LOSSES (EVEN
IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE
POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL
PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE OF
OR ACCESS TO, OR THE INABILITY TO USE OR TO ACCESS, THE SITE OR THE
SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT
(INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR
OTHERWISE.

WE WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM THE
TRANSACTIONS BETWEEN YOU AND THIRD PARTY MERCHANTS OR FOR ANY INFORMATION
APPEARING ON THIRD PARTY MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE OR THE SERVICES, YOUR
SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE AND THE SERVICES.

EXCEPT AS EXPRESSLY SET FORTH BELOW REGARDING LOST OR
DAMAGED ARTWORK, OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR
RELATED TO THE SITE OR THE SERVICES IS LIMITED, IN AGGREGATE, TO THE TOTAL
AMOUNT OF THE ORDER GIVING RISE TO OUR LIABILITY. Some jurisdictions do not
allow the exclusion of certain warranties or the limitation or exclusion of
liability for incidental or consequential damages.

Accordingly, some of the above limitations and
disclaimers may not apply to you. To the extent that we may not, as a matter of
applicable law, disclaim any implied warranty or limit liabilities, the scope
and duration of such warranty and the extent of our liability will be the
minimum permitted under such applicable law.

Without limiting the foregoing, under no circumstances
WILL WE or our partners be held liable for any delay or failure in performance
resulting directly or indirectly from acts of nature, forces, or causes beyond
our reasonable control, including, without limitation, Internet failures,
computer equipment failures, telecommunication equipment failures, other
equipment failures, electrical power failures, strikes, labor disputes, riots,
insurrections, civil disturbances, shortages of labor or materials, fires,
floods, storms, explosions, acts of God, war, governmental actions, orders of
domestic or foreign courts or tribunals, OR non-performance of third parties.
Some states do not allow exclusion of implied warranties, so these exclusions
may not apply in individual cases. You may have additional rights that vary
from state to state. To the extent that we may not, as a matter of applicable
law, disclaim any implied warranty, the scope and duration of such warranty
will be the minimum permitted under such applicable law.

LIMITED REMEDY FOR LOSS OR DAMAGE OF YOUR ARTWORK

As art lovers dedicated to protecting and preserving
art, safeguarding ARTWORK is FASTFRAME’S priority. FASTFRAME strives to make
shipping your ORDER to us safe and secure. FASTFRAME’S packaging is designed to
protect your ORDER against the standard shipping process, and FASTFRAME’S
shipping partners allow you to track your ORDER from your door to FASTFRAME’S
studio and back again.

Because FASTFRAME knows that sometimes the value of
your ARTWORK is not tied to its monetary value, your ARTWORK is covered both by
formal insurance and FASTFRAME’S Art Care Guarantee (as described below).

If FASTFRAME loses or damages YOUR ARTWORK, you
acknowledge and agree that your sole and complete remedy for any such loss is
as set forth below:

In the unlikely event that your ORDER is lost or damaged, FASTFRAME will (i) if
available, offer to replace your ARTWORK, or (ii) offer FASTFRAME’S make
a payment to you up to $300.in the amount of up to THREE HUNDRED DOLLARS
($300.00) (the “Art Care Guarantee”).

For ARTWORK
valued at greater than $300, you will need to provide FASTFRAME with
proof of value that is reasonably acceptable to FASTFRAME, and in such
case:

For ARTWORK
with a value up to $1,000, FASTFRAME will (at FASTFRAME’s option)
replace the ARTWORK, if possible, or FASTFRAME will reimburse you the
value of the ARTWORK (based on the proof of value) within sixty (60)
business days of FASTFRAME’S receipt of the proof of value for YOUR
ARTWORK.

For ARTWORK
with a value exceeding $1,000 and up to $5,000, FASTFRAME will (at FASTFRAME’S
option) reimburse you the value of the ARTWORK (based on the proof of
value) or replace the ARTWORK, each following the processing of the
claim by FASTFRAME’S insurance company.

For ARTWORK
with a value exceeding $5,000, please contact Customer Service for further details at customerservice@fastframe.com.

PLEASE NOTE THAT FASTFRAME’S LIABILITY FOR ANY ARTWORK
DAMAGED OR LOST WILL IN NO EVENT EXCEED THE AMOUNT OF FASTFRAME’S INSURANCE
COVERAGE THAT EXTENDS TO SUCH ARTWORK.

You acknowledge and agree that the amounts set forth
above and the Art Care Guarantee are a reasonable approximation of the damages
that would be suffered by you from the loss of your ARTWORK, and that the
amounts are not a penalty. Notwithstanding the foregoing, the Art CARE
Guarantee and the other remedies set forth above, along with any other quoted
guarantees or warranties, only apply if YOU HAVE USED THE PACKAGING PROVIDED BY
FASTFRAME AND FOLLOWED FASTFRAME’S INSTRUCTIONS FOR PACKAGING.

INDEMNIFICATION. You agree to
indemnify, defend and hold harmless Fastframe, our parents, subsidiaries,
affiliates, officers, directors, co-branders and other partners,
employees, consultants and agents (“Fastframe Parties”), from and against
any and all third-party claims, liabilities, damages, losses, costs,
expenses, fees (including reasonable attorneys' fees and court costs) that
such parties may incur as a result of or arising from: (i) your use of the
Products, Site or Services (except to the extent prohibited by law); (ii)
your violation of these Terms of Use; (iii) your breach or any
representation or warranty contained in these Terms: (iv) your Submitted
Materials; (v) your violation of any rights of any other person or entity;
or (vi) any viruses, Trojan horses, worms, time bombs, spyware, malware,
cancelbots or other similar harmful or deleterious programming routines
input by you into the Site or Services. Fastframe reserves the right, at
its own cost, to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you, in which event you will fully
cooperate with us in asserting any available defenses. You agree that the
provisions in this section will survive any termination of your Account,
the Terms or your access to the Site and/or Services.

Procedure for
Making Claims of Copyright Infringement. While Fastframe is not obligated
to review Your Submitted Materials for copyright infringement, Fastframe
is committed to protecting copyrights and expect users of our Site and
Applications to do the same. The Digital Millennium Copyright Act of 1998
(the "DMCA") provides recourse for copyright owners who believe
that material appearing on the Internet infringes their rights under U.S.
copyright law. If you believe in good faith that any material used or
displayed on or through the Site or Applications infringes your copyright,
you (or your agent) may send Fastframe a notice requesting that the
material be removed, or access to it blocked. The notice must include the
following information: (a) a physical or electronic signature of a person
authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed; (b) identification of the copyrighted work claimed to
have been infringed (or if multiple copyrighted works are covered by a
single notification, a representative list of such works); (c)
identification of the material that is claimed to be infringing or the
subject of infringing activity, and information reasonably sufficient to
allow Fastframe to locate the material on our Site and Applications; (d)
the name, address, telephone number and email address (if available) of
the complaining party; (e) a statement that the complaining party has a
good faith belief that use of the material in the manner complained of is
not authorized by the copyright owner, its agent or the law; and (f) a
statement that the information in the notification is accurate and, under
penalty of perjury, that the complaining party is authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed. If
you believe in good faith that a notice of copyright infringement has been
wrongly filed against you, the DMCA permits you to send Fastframe a
counter-notice. Notices and counter-notices must meet the then-current
statutory requirements imposed by the DMCA; see http://www.copyright.gov
for details. DMCA notices and counter-notices regarding the Site and
Application should be sent to:

Fastframe, Inc.
Attn: Copyright Agent
433 W Allen Ave., #114
San Dimas, CA 91773

Email: customerservice@fastframe.com

Electronic Communications. We can only give you the benefits of our service by conducting
business through the Internet, and therefore we need you to consent to our
giving you Communications (as defined) electronically. This Section
informs you of your rights when receiving Communications from us
electronically. For contractual purposes, you (i) consent to receive
communications from us in an electronic form; and (ii) agree that all
terms and conditions, agreements, notices, documents, disclosures, and
other communications (“Communications”) that we provide to you
electronically satisfy any legal requirement that such Communications
would satisfy if it were in writing. Your consent to receive
Communications and do business electronically, and our agreement to do so,
applies to all of your interactions and transactions with us. The
foregoing does not affect your non-waivable rights. You may also receive a
copy of these Terms of Use by accessing this Site. You may withdraw your
consent to receive Communications electronically by contacting us in the
manner described below. If you withdraw your consent, from that time
forward, you must stop using the Site and Services. The withdrawal of your
consent will not affect the legal validity and enforceability of any
obligations or any electronic Communications provided or business
transacted between us prior to the time you withdraw your consent. Please
keep us informed of any changes in your email or mailing address so that
you continue to receive all Communications without interruption.

TRADEMARKS & COPYRIGHT NOTICE. The trademarks, logos and service
marks displayed on the Site are the property of Fastframe or its
licensors. Unless otherwise specified, all information and screens
appearing on this Site including all materials, documents, services, site
design, text, graphics, logos, images and icons, as well as the selection
and arrangement thereof, are the sole property of Fastframe, Copyright ©
2016 Fastframe, Inc. All rights not expressly granted herein are reserved.
Except as otherwise required by applicable law, any reproduction,
distribution, modification, retransmission, or publication of any
copyrighted material is strictly prohibited without the express written
consent of the copyright owner.

INTERNATIONAL
USERS. This Site can be accessed from countries around the world and may
contain references to services and Products that are not available in your
country. These references do not imply that Fastframe intends to announce
such services or Products in your country. The Site and Services are
controlled and offered by Fastframe from its facilities in the United
States of America. Fastframe makes no representations that the Site or the
Products are available for use in other locations. Those who access or use
the Site or the Services from other jurisdictions do so at their own
volition and are responsible for compliance with local law. The following
provisions shall apply only if you are located in the countries listed
below.

 

United
Kingdom. A third party who is not a party to the Terms has no
right under the Contracts (Rights of Third Parties) Act 1999 to enforce
any provision of the Terms, but this does not affect any right or remedy
of such third party which exists or is available apart from that Act.

 

Germany.
Notwithstanding anything to the contrary in Section 17, Fastframe is also
not liable for acts of simple negligence (unless they cause injuries to
or death of any person), except when they are caused by a breach of any
substantial contractual obligations.

GENERAL.

Assignment. These Terms,
and your rights and obligations hereunder, may not be assigned,
subcontracted, delegated, or otherwise transferred by you without Fastframe’s
prior written consent, and any attempted assignment, subcontract,
delegation, or transfer in violation of the foregoing will be null and
void.

Compliance. If you
believe that Fastframe has not adhered to these Terms of Use, please
contact Fastframe by emailing us at customerservice@fastframe.com. We will do
our best to address your concerns. If you feel that your complaint has
been addressed incompletely, we invite you to let us know for further
investigation.

Limitations Period. YOU AND FASTFRAME AGREE THAT ANY CAUSE OF ACTION
ARISING OUT OF OR RELATED TO THESE TERMS OF USE, THE PRODUCTS, THE SITE
OR THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF
ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Dispute Resolution.

Any claim or
dispute (excluding claims for injunctive or other equitable relief as
set forth below) in connection with the Terms where the total amount of
the award sought is less than Five Thousand U.S. Dollars (US $5,000.00)
may be resolved in a cost effective manner through binding
non-appearance-based arbitration, at the option of the party seeking
relief. Such arbitration shall be initiated through an established
alternative dispute resolution provider (“ADR Provider”) that offers
arbitration as set forth in this section and under the rules of such ADR
Provider, except to the extent such rules are in conflict with the
Terms. The party demanding arbitration will propose an ADR Provider and
the other party shall not unreasonably withhold consent to use such ADR
Provider. The ADR Provider and the parties must comply with the
following rules: (1) the arbitration shall be conducted by telephone,
online and/or be solely based on written submissions, the specific
manner shall be chosen by the party initiating the arbitration; (2) all
arbitration proceedings shall be held in English; (3) the arbitration
shall not involve any personal appearance by the parties or witnesses
unless otherwise mutually agreed to by the parties; and (4) any judgment
on the award rendered by the arbitrator may be entered in any court of
competent jurisdiction. Each party shall bear its own costs (including
attorney fees) and disbursements arising out of the arbitration, and
shall pay an equal share of the fees and costs of the ADR Provider.
Notwithstanding the foregoing, Fastframe may seek injunctive or other
equitable relief to protect its intellectual property rights in any
court of competent jurisdiction. Please note that the laws of the
jurisdiction where you are located may be different from Delaware law,
including the laws governing what can legally be sold, bought, exported,
offered or imported. You shall always comply with all the international
and domestic laws, ordinances, regulations and statutes that are
applicable to your use of the Site and/or Services.

Any other
dispute (including whether the claims asserted are arbitrable) shall be
referred to and finally determined by binding and confidential
arbitration. Arbitration shall be subject to the Federal Arbitration Act
and not any state arbitration law. The arbitration shall be conducted
before one commercial arbitrator with substantial experience in
resolving commercial contract disputes from the American Arbitration
Association (“AAA”). As modified by the Terms, and unless otherwise
agreed upon by the parties in writing, the arbitration will be governed
by the AAA’s Commercial Arbitration Rules and, if the arbitrator deems
them applicable, the Supplementary Procedures for Consumer Related
Disputes (collectively “Rules and Procedures”).

You are thus
GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights
EXCEPT for matters that may be taken to small claims court. Your rights
will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You
are entitled to a FAIR HEARING, BUT the arbitration procedures are
SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator
decisions are as enforceable as any court order and are subject to VERY
LIMITED REVIEW BY A COURT.

You and Fastframe
must abide by the following rules: (1) ANY CLAIMS BROUGHT BY YOU OR FASTFRAME
MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A
PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE
PROCEEDING; (2) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE
PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A
REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF;
(3) in the event that you are able to demonstrate that the costs of
arbitration will be prohibitive as compared to costs of litigation, Fastframe
will pay as much of your filing and hearing fees in connection with the
arbitration as the arbitrator deems necessary to prevent the arbitration
from being cost-prohibitive as compared to the cost of litigation; (4) Fastframe
also reserves the right in its sole and exclusive discretion to assume
responsibility for all of the costs of the arbitration; (5) the
arbitrator shall honor claims of privilege and privacy recognized at
law; (6) the arbitration shall be confidential, and neither you nor we
may disclose the existence, content or results of any arbitration,
except as may be required by law or for the purposes of enforcement of
the arbitration award; (7) the arbitrator may award any individual relief
or individual remedies that are permitted by applicable law; and (8)
each side pays its own attorneys’ fees and expenses unless there is a
statutory provision that requires the prevailing party to be paid its
fees and litigation expenses, and then in such instance, the fees and
costs awarded shall be determined by applicable law.

The arbitral
proceedings, and all pleadings and written evidence will be in the
English language. Any written evidence originally in a language other
than English will be submitted in English translation accompanied by the
original or true copy thereof. The English language version will
control. The arbitrator shall issue a written award and statement of
decision describing the essential findings and conclusions on which the
award is based, including the calculation of any damages awarded. The
arbitrator will not have authority to award damages in excess of the
amount, or other than the types, allowed by Section 17 of the Terms.
Judgment on the award of the arbitrator may be entered by any court of
competent jurisdiction. The arbitrator also shall be authorized to grant
any temporary, preliminary or permanent equitable remedy or relief it
deems just and equitable and within the scope of the Terms, including,
without limitation, an injunction or order for specific performance. The
arbitration award shall be final and binding upon the parties without
appeal or review except as permitted by Delaware law or United States
federal law.

 

Notwithstanding
the foregoing, either you or Fastframe may bring an individual action in
small claims court. Further, claims of defamation, violation of the
Computer Fraud and Abuse Act, and infringement or misappropriation of
the other party’s patent, copyright, trademark, or trade secret shall
not be subject to this arbitration agreement. Such claims shall be
exclusively brought in the state or federal courts located in
Washington, D.C. Additionally, notwithstanding this agreement to
arbitrate, either party may seek emergency equitable relief before the
state or federal courts located in Washington, D.C., in order to
maintain the status quo pending arbitration, and hereby agree to submit
to the exclusive personal jurisdiction of the courts located within
Washington, D.C. for such purpose. A request for interim measures shall
not be deemed a waiver of the right to arbitrate.

 

With the
exception of (iv)(1) and (2) above (prohibiting arbitration on a class
or collective basis), if any part of this arbitration provision is
deemed to be invalid, unenforceable, or illegal, or otherwise conflicts
with the Rules and Procedures, then the balance of this arbitration
provision shall remain in effect and shall be construed in accordance
with its terms as if the invalid, unenforceable, illegal or conflicting
provision were not contained herein. If, however, either (iv)(1) or (2)
is found to be invalid, unenforceable or illegal, then the entirety of
this arbitration provision shall be null and void, and neither you nor Fastframe
shall be entitled to arbitration. If for any reason, a claim proceeds in
court rather than in arbitration, the dispute shall be exclusively
brought in state or federal court in Washington, D.C. By using the Site
and/or Services in any manner, you agree to the above arbitration
provision.

For more
information on AAA, its Rules and Procedures, and how to file an
arbitration claim, you may call AAA at 800-778-7879 or visit the AAA
website at http://www.adr.org.

Governing Law. The Terms and
any action related thereto will be governed and interpreted by and under
the laws of the State of Delaware, consistent with the Federal
Arbitration Act, without giving effect to any principles that provide for
the application of the law of another jurisdiction. The United Nations
Convention on Contracts for the International Sale of Goods does not
apply to these Terms.

Choice of Language. It is the express wish of the parties that these
Terms and all related documents have been drawn up in English.

Export Control. You may not use, export, import, or transfer any
Products or Fastframe materials except as authorized by U.S. law, the
laws of the jurisdiction in which you obtained the Products or Fastframe
materials, and any other applicable laws. In particular, but without
limitation, the Products or Fastframe materials may not be exported or
re-exported (a) into any United States embargoed countries; or (b) to
anyone on the U.S. Treasury Department’s list of Specially Designated
Nationals or the U.S. Department of Commerce’s Denied Person’s List or
Entity List. By using the Products or Fastframe materials, you represent
and warrant that (i) you are not located in a country that is subject to
a U.S. Government embargo, or that has been designated by the U.S.
Government as a “terrorist supporting” country and (ii) you are not
listed on any U.S. Government list of prohibited or restricted parties.
You also will not use the Products or Fastframe materials for any purpose
prohibited by U.S. law, including the development, design, manufacture or
production of missiles, nuclear, chemical or biological weapons. You
acknowledge and agree that products, services or technology provided by Fastframe
are subject to the export control laws and regulations of the United
States. You shall comply with these laws and regulations and shall not,
without prior U.S. government authorization, export, re-export, or
transfer Fastframe products, services or technology, either directly or
indirectly, to any country in violation of such laws and regulations.

Release. You hereby
release the Fastframe Parties and their successors from claims, demands,
any and all losses, damages, rights, and actions of any kind, including
personal injuries, death, and property damage, that is either directly or
indirectly related to or arises from your use of the Site and/or
Services, including but not limited to, any interactions with or conduct
of other Users or third-party websites of any kind arising in connection
with or as a result of the Terms or your use of the Site and/or Services.
If you are a California resident, you hereby waive California Civil Code
Section 1542, which states, “A general release does not extend to claims
which the creditor does not know or suspect to exist in his favor at the
time of executing the release, which, if known by him must have
materially affected his settlement with the debtor.”

Notice. Where Fastframe
requires that you provide an e-mail address, you are responsible for
providing Fastframe with your most current e-mail address. In the event
that the last e-mail address you provided to Fastframe is not valid, or
for any reason is not capable of delivering to you any notices required/
permitted by the Terms, Fastframe’s dispatch of the e-mail containing
such notice will nonetheless constitute effective notice. You may give
notice to Fastframe at the following address: customerservice@fastframe.com. Such notice
shall be deemed given when received by Fastframe by letter delivered by
nationally recognized overnight delivery service or first class postage
prepaid mail at the above address.

Waiver. Any waiver or
failure to enforce any provision of the Terms on one occasion will not be
deemed a waiver of any other provision or of such provision on any other
occasion.

Severability. If any
provision of the Terms is, for any reason, held to be invalid or
unenforceable, the other provisions of the Terms will remain enforceable,
and the invalid or unenforceable provision will be deemed modified so
that it is valid and enforceable to the maximum extent permitted by law.

Entire Agreement. The Terms are the final, complete and exclusive
agreement of the parties with respect to the subject matter hereof and
supersedes and merges all prior discussions between the parties with
respect to such subject matter.