Chameleon Terms of Service
The following is a brief overview of our Terms of Services. This overview is provided for convenience only, and Your use of our Services are subject to the full Terms of Services.
- Any disputes must be resolved by arbitration. Under the Arbitration Agreement set forth below, any claims that you may have against Chameleon Frames or that Chameleon Frames may have against you shall solely be adjudicated in an arbitration proceeding under the auspices of the American Arbitration Association (AAA).
- You still own all the pictures you order from us. You keep the copyright to all of your images. We won't sell or share them. We will only use uploaded image data and extracted features to fulfill your print orders, perform site upgrades, and build recommendation systems (by examining correlations between customer frame selections, frame properties, and image features to provide tailored frame recommendations).
- If you want,we'll delete all your pictures and personal data from our systems. All you need to do is send us an email to [email protected] from the email address you entered when you made your order.
- You agree not to order any pictures you don't own, or any pornography or discriminatory content. There are lots of people involved in the printing process, so we can't print any images with nudity or offensive content. We also can't print pictures that you don't have the right to use. If you do send us a picture that doesn't belong to you and we are sued by the rightful owner, you'll be responsible for all related costs.
The Actual Terms of Service
Chameleon Frames (as defined below) allows users to upload images and/or pictures ("Images") to our websites available at www.chameleonframes.com, www.963vibes.com, and any other authorized storefronts operating under a license granted by Chameleon Frame Technologies, LLC (collectively, the "Site") in order to print those Images on photo boards, tiles, frames or other printable substrates ("Prints") (collectively, the "Products").
You are contracting with Chameleon Frame Technologies, LLC (collectively "Chameleon Frames", "us", "our", or "we"). For the purposes of these Terms, "Chameleon Frames" shall include Chameleon Frame Technologies, LLC, its subsidiaries, affiliates, and its authorized e-commerce licensees (including, but not limited to, 963 Vibes, LLC).
These Terms of Service ("Terms") govern your access to and use of the websites available at www.chameleonframes.com, www.963vibes.com, and any other authorized storefronts operating under a license granted by Chameleon Frames (collectively, the "Site" or "Services"). Our Privacy Policy governs our collection, processing and transfer of any Personal Data (as such term is defined in the Privacy Policy). "You" means any adult user of the Site or Services or any parent or guardian of any minor whom you allow to use the Site or the Services, and for whom you will be held strictly responsible.
Please read these Terms carefully. By purchasing a Product or interacting with any Site incorporating these Terms, you agree to be bound by this legal framework. Changes may be made to these Terms from time to time. If you do not agree to any of these Terms, please do not use the Site or Services.
1. Dispute Resolution; Arbitration; Class Action Waiver; and Arbitration Agreement
Please read this section carefully. It affects your rights. It requires you to arbitrate disputes with Chameleon Frames and limits the manner in which you may seek relief. It further provides that you waive your rights to try any claim in court before a judge or jury and to bring or participate in any class, collective, or other representative action. This section of the Terms shall be referred to as the "ARBITRATION AGREEMENT."
We will try to work in good faith to resolve any issue you have with our Site and Products that are ordered or purchased through either our Site, if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer's satisfaction.
You and Chameleon Frames agree that any dispute, claim or controversy arising out of or relating in any way to these Terms or your use of our Site and/or Products ordered or purchased through our Site shall be determined solely by binding arbitration on an individual basis rather than court, except that you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis.
Arbitration is more informal than bringing a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury and is subject to very limited review by courts. Arbitration allows for more limited discovery than in court, however, we agree to cooperate with each other to agree to reasonable discovery in light of the issues involved and amount of the claim. Arbitrators can award the same damages and relief that a court can award, but in so doing, the arbitrator shall apply substantive law regarding damages as if the matter had been brought in court, including without limitation, the law on punitive damages as applied by the United States Supreme Court. You agree that, by agreeing to these Terms, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Chameleon Frames are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms and any other contractual relationship between you and Chameleon Frames.
BY AGREEING TO ARBITRATION WITH CHAMELEON FRAMES, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY CLASS, COLLECTIVE, AND/OR REPRESENTATIVE LAWSUIT. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING CLAIMS AGAINST CHAMELEON FRAMES (INCLUDING, WITHOUT LIMITATION, THE SITES) ONLY IN AN INDIVIDUAL ARBITRATION PROCEEDING.
If you desire to assert a claim against Chameleon Frames, and you therefore elect to seek arbitration, you must first send to Chameleon Frames, by e-mail, a notice of your claim ("Notice"). The Notice to Chameleon Frames should be addressed to: [email protected] ("Notice Address") and should state in the "subject line" of the e-mail "LEGAL NOTICE" in all capital letters. If Chameleon Frames desires to assert a claim against you and therefore elects to seek arbitration, it will send, by certified mail, a written Notice to the most recent address we have on file or otherwise in our records for you. A Notice, whether sent by you or by Chameleon Frames, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If Chameleon Frames and you do not reach an agreement to resolve the claim within 60 days after the Notice is received, you or Chameleon Frames may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by Chameleon Frames or you shall not be disclosed to the arbitrator. You may download or copy a form Notice and a form to initiate arbitration from the American Arbitration Association at www.adr.org. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms of Service, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by requesting them from us by writing to us at the Notice Address. The arbitrator is bound by the terms of these Terms of Service. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of these Terms, including this ARBITRATION AGREEMENT.
If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner