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Terms & Conditions

Introduction
These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website. By using this website and by agreeing to these terms and conditions you warrant and represent that you are at least 18 years of age or have consent of a legal guardian to be using this website.

License to use website
Unless otherwise stated, Shop Frankie's, Inc. owns the intellectual property rights in the website and material on the website. All these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions. Shop Frankie's, Inc. grants you a limited license to access and make personal use of www.shopfrankies.com and not to download or modify it, or any portion of it, except with express written consent of Shop Frankie's, Inc.

You must not:

  • republish material from this website (including republication on another website);
  • sell, rent or sub-license material from the website;
  • show any material from the website in public;
  • use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
  • edit or otherwise modify any material on the website; or
  • redistribute material from this website except for content specifically and expressly made available for redistribution;
  • use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
  • conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Shop Frankie's, Inc. express written consent.

Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Shop Frankie's, Inc. reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

User content
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose. You grant to Shop Frankie's, Inc. a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Shop Frankie's, Inc. the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Shop Frankie's, Inc. or a third party (in each case under any applicable law). You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint. Shop Frankie's, Inc. reserves the right to edit or remove any material submitted to this website, or stored on Shop Frankie's, Inc. servers, or hosted or published upon this website.

Notwithstanding Shop Frankie's, Inc. rights under these terms and conditions in relation to user content, Shop Frankie's, Inc. does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

Products
Shop Frankie's, Inc. attempts to be as accurate as possible. However, Sop Frankie's, Inc. does not warrant that product descriptions or other content of this site are accurate, complete, reliable, current, or error-free. If a product offered by Shop Frankie's, Inc. itself is not as described, your sole remedy is to return it in unused condition as per the return policy. Except where noted otherwise, the List Price displayed for products on www.shopfrankies.com represents the full retail price estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. With respect to items sold by Shop Frankie's, Inc. we cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has entered the shipping process. Despite our best efforts, a small number of the items on www.Shopfrankies.com may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

Ownership of copyright
The copyright in this website and the material on this website (including without limitation the text, computer code, artwork, photographs, images, music, audio material, video material and audio-visual material on this website) is owned by Shop Frankie's, Inc.

Copyright license

Shop Frankie's, Inc. grants to you a worldwide non-exclusive royalty-free revocable license to:

  • view this website and the material on this website on a computer or mobile device via a web browser;
  • copy and store this website and the material on this website in your web browser cache memory; and
  • print pages from this website for your own [personal and non-commercial] use.

Shop Frankie's, Inc. does not grant you any other rights in relation to this website or the material on this website. In other words, all other rights are reserved. For the avoidance of doubt, you must not adapt, edit, change, transform, publish, republish, distribute, redistribute, broadcast, rebroadcast or show or play in public this website or the material on this website in any form or media without Shop Frankie's, Inc. prior written permission.

Permissions
You may request permission to use the copyright materials on this website by writing to info@shopfrankies.com.

Enforcement of copyright
Shop Frankie's, Inc. takes the protection of its copyright very seriously. If Shop Frankie's, Inc. discovers that you have used its copyright materials in contravention of the license above, Shop Frankie's, Inc. may bring legal proceedings against you seeking monetary damages and an injunction to stop you using those materials. You could also be ordered to pay legal costs. If you become aware of any use of Shop Frankie's, Inc. copyright materials that contravenes or may contravene the license above, please report this by email to info@shopfrankies.com.

Infringing material
If you become aware of any material on the website that you believe infringes your or any other person's copyright, please report this by email to info@shopfrankies.com.

Electronic Communications
When you visit Shopfrankies.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on www.shopfrankies.com. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY SHOP FRANKIE'S, INC. ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. SHOP FRANKIE'S, INC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SHOP FRANKIE'S, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SHOP FRANKIE'S, INC. DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM WWW.SHOPFRANKIES.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SHOP FRANKIE'S, INC. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

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 MIGHT HAVE ADDITIONAL RIGHTS.

Liability
Nothing in this legal disclaimer will limit any of our liabilities in any way that is not permitted under applicable law, or exclude any of our liabilities that may not be excluded under applicable law.

Reasonableness
By using this website, you agree that the limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.

Other parties
You accept that, as a limited liability entity, Shop Frankie's, Inc. has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Shop Frankie's, Inc. officers or employees in respect of any losses you suffer in connection with the website. Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Shop Frankie's, Inc. officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Shop Frankie's, Inc.

Indemnity
You hereby indemnify Shop Frankie's, Inc. and undertake to keep Shop Frankie's, Inc. indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Shop Frankie's, Inc. to a third party in settlement of a claim or dispute on the advice of Shop Frankie's, Inc. legal advisers) incurred or suffered by Shop Frankie's, Inc. arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions
Without prejudice to Shop Frankie's, Inc. other rights under these terms and conditions, if you breach these terms and conditions in any way, Shop Frankie's, Inc. may take such action as Shop Frankie's, Inc. deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation
Shop Frankie's, Inc. may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Assignment
Shop Frankie's, Inc. may transfer, sub-contract or otherwise deal with Shop Frankie's, Inc. rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Law and jurisdiction
By visiting www.Shopfrankies.com, you agree that the laws of the state of California, (Ventura County) without regard to principles of conflict of laws, will govern these Terms and Condition & Privacy Policy and any dispute of any sort that might arise between you and Shop Frankie's, Inc.

Entire agreement
These terms and conditions, together with the Privacy Policy, constitute the entire agreement between you and Shop Frankie's, Inc. in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Contact Information
www.shopfrankies.com
C/O Shop Frankie's, Inc.
638 Lindero Canyon Rd., Suite 106
Oak Park, CA 91377
info@shopfrankies.com