Thank you for using our products and services (“Services”). These Services are provided by goldstandardframes.com (“GoldStandard”), located at 78065 Main St., Suite 202, La Quinta, CA 92253, United States.
By using any of our Services, you are agreeing to the following Terms and Conditions of Use, as they may be modified from time to time by GoldStandard.
You must follow any policies we may prescribe for the use of the Services, and such policies are deemed to be incorporated into these terms for all purposes.
You may not interfere with our Services or try to use or access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with these terms of service or our policies or if we are investigating suspected misconduct.
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Do not remove, obscure, or alter any legal notices displayed in or along with our Services.
We may review any content you may upload for display or use in connection with our Service to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law.
In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications, if you so choose.
You acknowledge that all GoldStandard products are custom, and manufactured-to-order for you by GoldStandard in accordance with your specifications, and that except as specifically provided for below, after you shall unconditionally approve a "Design Proof" as that term is defined below, your orders are NON-CANCELLABLE and NON-REFUNDABLE. As such, GoldStandard requires that you pay for the manufacture of your customized frame in advance at time of order.
GoldStandard shall, provide User via E-Mail of a color proof of User's frame design, in accordance with the specifications furnished to GoldStandard by User via the Website, in PDF Format ("Design Proof") for User's unconditional approval within three(3) business days of GoldStandard's acceptance of User's order. User agrees that GoldStandard shall be entitled to retain the sum of thirty dollars ($30.00) as a "Design Fee" , as a "Design Fee" for services rendered by GoldStandard at your direction and for your account at the time each such Design Proof is sent to you, regardless of whether or not you shall ever approve such Design Proof or any subsequent Design Proof GoldStandard may later furnish you at your request. In the event that you fail within three(3) business days to unconditionally approve any such Design Proof, your order shall be deemed cancelled and GoldStandard shall promptly refund to you the balance of the amount paid by you to GoldStandard in connection with such order(less the amount of the applicable Design Fees, plus applicable sales taxes, if any).
In the event your order's size, complexity or the use of "Precious or Rare Materials", as that term is hereafter defined, causes GoldStandard to designate your order as a "Special Order" at time of order, GoldStandard reserves the right to impose a custom Design Fee GoldStandard that shall be charges in connection with such order in advance, in which case that amount shall be substituted for the amount referred to in the preceding paragraph.
In addition, in any case where your order shall involve the use of so-called "Precious or Rare Materials", meaning materials such as gold, silver, platinum, precious stones,rare woods, exotic veneers, gilding, or antique frames, you agree that GoldStandard shall have the right upon notice to you to pass through price increases in the cost of such materials determined as of the date of actual manufacture and that you shall have the right to cancel your order (subject to GoldStandard's right to retain its Design Fee as provided above) upon notice to GoldStandard in the event you are unwilling to accept any such price increase.
All orders are F.O.B. GoldStandard shipping points. As an accomodation to and convenience to you only, Goldstandard will arrange shipping for your orders in accordance with the shipping options and charges set forth from time to time on goldstandardframes.com. All risk of loss shall pass to you upon GoldStandard's delivery of your frame to your designated shipping carrier. A delivery confirmation signature is required on all orders unless you contract with carrier in advance to waive delivery confirmation for the benefit of GoldStandard.
You should thoroughly inspect GoldStandard products immediately upon delivery. Any and all damage from shipment is the sole and exclusive responsiblity of the shipping carrier. In the unlikely event that despite GoldStandard's comprehensive quality control procedures, a manufacturing defect has occurred, please contact GoldStandard immediately to request a Return Merchandise Authorization Number ("RMA") prior to returning the product to GoldStandard for repair.
GOLDSTANDARD'S SOLE RESPONSIBILITY IN THIS REGARD IS EXPRESSLY LIMITED TO REPAIRING PRODUCTS IN THE EVENT OF A MANUFACTURING DEFECT, PROVIDED GOLDSTANDARD IS ADVISED OF SUCH MANUFACTURING DEFECT, USER OBTAINS AN RMA FROM GOLDSTANDARD, AND SUCH PRODUCT IS SHIPPED TO GOLDSTANDARD'S DESIGNATED LOCATION, WITH FREIGHT PRE-PAID USING ORIGINAL PACKAGING MATERIALS, WITHIN THIRTY(30) DAYS OF ORIGINAL DELIVERY.
GoldStandard currently accepts Visa, MasterCard, AmericanExpress, and Personal or Corporate Checks as forms of payment. In the case of Personal or Corporate Checks, please allow up to ten(10) business days for bank clearance before GoldStandard can initiate order processing. All Personal and Corporate Checks should be made payable to "GoldStandard". Please include a reference to your applicable order number on your check.
All GoldStandard products are deemed to be sold in accordance with these Terms and Conditions of Use. The terms of any purchase order not consistent with these Terms and Conditions of Use are specifically rejected by GoldStandard and shall not form a part of any contract between GoldStandard and you.
Only orders shipped to an address within the State of California shall be subject to sales taxes applicable to such address. Users entitled to California sales or use tax exemptions must supply a valid California tax exemption certificate.
By visiting www.goldstandardframes.com, you agree that the laws of the State of California of the United States of America, applied without regard to conflict of laws principles, will govern these Terms and Conditions of Use and of any dispute of any kind or nature that might arise between you and GoldStandard.
Any dispute of any kind or nature relating in any way to your visit to www.goldstandardframes.com or to products or services sold or distributed by www.goldstandardframes.com shall be adjudicated exclusively in any state or federal court having jursidiction over Riverside County,California, and you hereby consent to the exclusive jurisdiction of and venue in such courts.
Please review our other policies, such as our pricing policy, posted on the goldstandardframes.com, which are deemed incorporated herein by reference and also govern the terms of your visit to www.goldstandardframes.com. We reserve the right to make changes to the Website, our policies, and these Terms and Conditions of Use at any time. If any portion of these Terms and Conditions of Use shall be deemed invalid, void, or for any reason unenforceable, that portion shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions of these Terms and Conditions of Use.
You may need a GoldStandard Account in order to use some of our Services, including, for example, but not by way of limitation, the ability to upload your own images to GoldStandard, either for your use or to share with others. You may create your own GoldStandard Account, or your GoldStandard Account may be assigned to you by an authorized third person. If you are using a GoldStandard Account assigned to you by an authorized third person, different or additional terms may apply and that authorized third person may be able to access or disable your GoldStandard account.
GoldStandard’ privacy policies explain how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that GoldStandard can use such data in accordance with our privacy policies.
GoldStandard responds to notices of alleged copyright infringement according to the process set out in the U.S. Digital Millennium Copyright Act.
When you upload or otherwise submit content to GoldStandard's Services, you grant to GoldStandard (and those we work with) a non-exclusive worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works effectively with our Services), communicate, publish, manufacture and distribute photo cards incorporating such content, publicly perform, publicly display and distribute such content using any technological means whatsoever. The rights you grant in this license are for the specific purpose of our operating, promoting, and improving our Services, including, without limitation, the manufacture and distribution of photo cards, and to develop new such Services incorporating such content in whole or in part. This license continues even if you stop using our Services.
You represent and warrant to GoldStandard that you have sufficient irrevocable legal rights in and to any such content you upload or otherwise submit to GoldStandard in order to grant GoldStandard the license described herein. GoldStandard reserves the right to reject any content uploaded or otherwise submitted to GoldStandard whether designated for private or public use and/or any orders related thereto in the event that bookscards determines, in the exercise of its sole and absolute discretion, that such content is offensive, defamatory, obscene, or otherwise violates community social norms.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide GoldStandard with the written information specified below. Please note that this procedure is exclusively for notifying GoldStandard of your claim that your copyrighted material has been infringed.
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on goldstandardframes.com;
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Please address your claim as follows:
Attn: Copyright Notice
78065 Main St. - Ste#202
La Quinta CA 92253
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER GoldStandard NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DO NOT MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTION OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL SUCH WARRANTIES.
WHEN PERMITTED BY LAW, GoldStandard, AND GoldStandard's SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF GoldStandard, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE SO CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).
IN ALL CASES, GoldStandard, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
If you are using our Services on behalf of a business, you represent and warrant that you are authorized to, and hereby hold harmless and indemnify GoldStandard and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
GoldStandard may modify these terms or any additional terms that apply to a Service to reflect changes to the law or changes to our Services, by posting written notice of such changes to the GoldStandard website. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted, except that changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue use of that Service.
If there is a conflict between these terms and any such additional terms, the additional terms will control for that conflict.
These terms exclusively control the relationship between GoldStandard and you. No third party shall acquire any rights arising out of or in relation to that relationship.
GoldStandard's failure to require performance of or otherwise enforce any provision of these terms shall not affect GoldStandard's right to require performance or enforce any such provision of these terms at any time thereafter, nor shall GoldStandard's waiver of any breach or default of any provision of these terms by you constitute a waiver of any subsequent breach or default or a waiver of any such provision itself.