FRAME THE WORLD TERMS OF SERVICE

Last Updated: 09/07/2026

These Frame The World Terms of Service (the “Terms”) are a binding contract between Frame The World, LLC (“Frame The World,” “we,” “us,” and/or “our”) and the entity or person agreeing to them (“you,” “your”) and govern your access to and use of the Frame The World website at https://frametheworld.org (the “Site”), the iOS and/or Android Frame The World App (the “App”), and any other services offered as part of the Frame The World platform (collectively with the Site, App, the “Services”).

By choosing to access and use the Services, you are accepting the Terms and agreeing to abide by all of the terms and conditions of these Terms between you and Frame The World.

If you are accepting the Terms on behalf of a third party, you represent and warrant that (i) you have full legal authority to bind that third party to the Terms; (ii) you have read and understand the Terms; and (iii) you agree on behalf of that third party to these Terms.

1. PURPOSE

Frame The World provides a platform for registered and subscribing customers, limited to registered certified travel agents, (a “Customer” or “Customers”) to upload, store, share, and access original travel photographs for use in connection with promoting and advertising the services offered by Customers’ travel agencies.

2. APPLICABLE TERMS

The Services are governed by these Terms. You are responsible under these Terms for any failure by you to comply with the Terms.

Custom Terms of Use. We reserve the right to present Customers with terms drafted for their specific needs. If you are interested in entering terms drafted to meet your unique needs, please contact us at info@frametheworld.org. In such a case, the relationship between Frame The World and Customer shall be governed by the custom terms.

3. DEFINITIONS

All capitalized terms used in these Terms shall have the meaning given to them in the Terms unless otherwise defined or stated herein.

Account: A Customer’s subscription to Frame The World’s Services.

Content: Media that you upload to the Services.

4. YOUR FRAME THE WORLD LICENSE

You acknowledge and agree that the Services, including all associated intellectual property rights, are the exclusive property of Frame The World and its licensors.

Conditioned upon your compliance with these Terms and your payment of Account fees, Frame The World hereby grants its Customers a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to:

Access, view, and use the Services upon payment of Account fees for the limited purpose of promoting and advertising services of the travel agency associated with your Customer Account in the United States.

The Frame The World license to the Services is strictly limited and prohibits personal use of the Services and all commercial use unrelated to the travel agency associated with a Customer Account.

Notwithstanding anything to the contrary in these Terms, we consent to Customers’ use of the Services in a commercial context that is in accordance with these Terms, provided that you may not, and will not, resell, repackage, or otherwise offer any portion of our Services, either directly or indirectly, for commercial purposes as if they were your own products or services.

You have no right to sublicense any license rights granted to you by Frame The World.

You may not and will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, transmit, broadcast, or otherwise exploit any of our services, products, or offerings, except as expressly permitted in these Terms and as enabled by the Services themselves when used in accordance with these Terms.

No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Frame The World or its licensors, except for the licenses and rights expressly granted in these Terms.

Frame The World does not grant a license of any kind to non-subscribing visitors to the Site and App.

5. YOUR OBLIGATIONS

Compliance. You will

  • a. ensure that your use of the Services complies with the Terms,
  • b. use commercially reasonable efforts to prevent and terminate any unauthorized use, or access to, the Services, and
  • c. promptly notify us if you become aware of any unauthorized use of, or access to, the Services. We reserve the right to investigate any potential violation of the Terms, which may include reviewing your usage of the Services.

Usage. When you choose to use the Frame The World Services and/or upload Content to the Services as a subscribing Customer, you agree, represent, and warrant, without any further consent, notice and/or compensation to you or to any third parties:

  • (a) To grant to Frame The World (to allow us to operate and provide the Services) a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide, fully sublicensable right and license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works, distribute and/or otherwise use the Content in connection with our business and in all forms now known or hereafter invented, without notification to and/or approval by you, except as otherwise required by law;
  • (b) To assume the risk of loss of any Content;
  • (c) That you are the owner of, or otherwise have the right to provide, all Content that you submit, post and/or otherwise transmit through the Services;
  • (d) That you consent to the use and handling of any Content by the Services as described in our Privacy Policy;
  • (e) That any Content you choose to upload to the Services is accurate, not confidential, and not in violation of any contractual restrictions, any applicable law, or other third-party rights; and,
  • (f) You will only upload Content when your own rights in that Content are sufficient to do so, and to otherwise permit the type of Content sharing our Services support.

Privacy. You are responsible for any consents and notices required to permit:

  • (a) Your use and receipt of the Services, and
  • (b) our accessing, storing, and processing of any data provided by Customers under these Terms in accordance with our Privacy Policy.

Restrictions. You will not:

  • (a) copy, modify, or create a derivative work of the Services or Content;
  • (b) reverse engineer, decompile, translate, disassemble, or otherwise attempt to extract any or all of the source code of, the Services (except to the extent such restriction is expressly prohibited by applicable law);
  • (c) sell, resell, sublicense, transfer, or distribute any or all of the Services; or
  • (d) access or use the Services:
    • in violation of our Acceptable Use Guidelines;
    • in a manner intended to avoid incurring Account Fees (including log-in credentials with multiple individuals or otherwise attempting to circumvent Service-specific usage limits or quotas);
    • in a manner that breaches, or causes the breach of, these Terms.

Travel Agent Credentials. Subscribing Customers warrant that the travel agent and travel agency credentials provided in their registration for a Frame The World Account are accurate and valid. Whenever applicable, Customers shall timely update their travel agent and travel agency credentials. Customers shall terminate their Account upon termination, loss, or suspension of the travel agency and/or travel agency credentials provided in Frame The World Account registration.

6. ACCEPTABLE USE POLICY

You agree that you understand, and your use of the Services will at all times adhere to the following restrictions and obligations:

  • (a) You will upload Content to the Services only where you own that Content (or have permission to use it in connection with the Services and in accordance with these Terms and our Privacy Policy).
  • (b) You will not upload any Content or other media that is private, sensitive, or introduce a security risk to yourself, such as using your phone number as your display name. You are responsible for taking reasonable measures to protect your own privacy and security when using the Services.
  • (c) You may not create a Customer Account for anything other than a natural, human person or a business entity engaged in the provision of travel arrangement services.
  • (d) You may only use the Services for lawful activity. It is your responsibility to comply with all applicable local, state, and federal laws and regulations. We may, in our sole discretion, cooperate in law enforcement investigations relating to your Contributions and use of the Services.
  • (e) You may not take any action which attempts to or actually does interfere with, damage, or delay the Services, and may not take any action in connection with the Services which presents a risk of interference with, damage, or delay to the Services, including, without limitation, through the use of viruses, bots, harmful code, denial-of-Services attacks, ransomware, keystroke loggers, backdoors, packet or IP address spoofing, forged routing, or any similar methods or technology that may exist now or come to exist in the future. You will not use the Services in any way that could damage, disable, overburden, or impair any of our servers or the networks connected to any of our servers.
  • (f) You may not upload, store, or share Content generated in part or in whole by software enabled by Artificial Intelligence (AI).
  • (g) You may not upload, store, or share Content that has been digitally manipulated to misrepresent, in any manner, the actual visual content displayed and/or portrayed in the Content.
  • (h) You may not upload, access, contribute, download, screenshot, or share images of minors. Any contributions that include or suggest child sexual abuse material (CSAM), regardless of artistic or fictional context, will be strictly prohibited and will be reported to relevant law enforcement authorities.
  • (i) You may not upload, share, promote, or depict nudity, sexual content, sexually suggestive content, or sexually explicit material, regardless of artistic or fictional context, including drawn or animated depictions such as hentai.
  • (j) You may not upload, share, promote, or depict graphic violence, gore, or content that encourages or glorifies violence, self-harm, or harm against others, including animal cruelty.
  • (k) You may not upload, share, promote, or depict hate speech, threats, or material targeting individuals or groups based on race, ethnicity, nationality, religion, gender, gender identity, sexual orientation, disability, or medical condition.
  • (l) Except as specifically enabled by the standard functionality of the Services, you may not copy, rip, or capture any Content or other media encountered on the Services.
  • (m) You may not use the Services to reverse engineer, recreate, duplicate, mimic, and/or otherwise recreate all or any part of the Services. You may not use manual or automated software, devices, scripts, robots, other means or processes to access, “scrape,” “crawl”, “spider” or use an automated mechanism such as a bot to interact in any way with any portion of the Services. From the time you accept these Terms, you agree not to attempt to compete with the Services or use the Services in any way as a part of competing with Frame The World. If you are an owner, operator, or employee of a business whose products and services can be deemed to compete with Frame The World, you may not install or use the Services in any manner whatsoever.
  • (n) You may not use the Services to upload, transmit, store or share any Content or related media that infringes or violates the intellectual property rights, privacy rights, publicity, and/or any other rights of anyone else (including Frame The World). For example, and not as a limitation, this means that if you upload photos or videos that portray illegal content, photos or videos that you don’t have permission to upload, or that include abusive comments, you have violated these terms.
  • (o) You may not use the Services to upload, transmit, or promote any Content or related media that is inappropriate, inaccurate, objectionable, and/or abusive, nor use the Services to harass, abuse or harm another person in any way, including without limitation, to market goods and services to them, to solicit payment from them, to “spam” them, and/or to populate marketing lists.
  • (p) You may not rent, lease, loan, trade, sell/re-sell access to Frame The World’s Services or any information therein, or the equivalent, in whole or part;
  • (q) You may not imply or state, directly or indirectly, that you are affiliated with or endorsed by us unless you have entered into a separate written agreement with us that expressly permits such statements;
  • (r) You may only use Customer credentials and passwords to sign onto the Service if you have the necessary rights and permissions.
  • (s) You may not take any action which attempts to override the privacy and security features of the Services in any manner.
  • (t) You will not bully, demean, abuse, insult, or verbally attack members of the Frame The World staff or support team.
  • (u) You will not use our Services to cause nuisance, annoyance, or inconvenience.
  • (v) You will not copy or distribute any Content displayed through the Services without the permission or authority to do so.
  • (w) The information you provide to us or otherwise communicate with us is accurate.
  • (x) You will report any errors, bugs, unauthorized access methodologies or any breach of our intellectual property rights that you uncover in your use of the Services.
  • (y) You will remain responsible for anything that happens through your Account unless you have previously terminated your Account, or you prove that your Account security was compromised due to no fault of your own.
  • (z) You will not permit others to use your Account, and you will refrain from using other Customer accounts.
  • (aa) You will not impersonate another person, act as another entity without authorization, or create multiple Accounts.

7. INTELLECTUAL PROPERTY OWNERSHIP

We (and our licensors, where applicable) own all rights, title, and interest, including all related intellectual property rights, in and to the Services. These Terms are not a sale and do not convey to you any rights of ownership in or related to the Services, or any intellectual property rights owned by us. Our name, logo, and the product names associated with the Services are our trademarks or belong to third parties, and no right or license is granted to Customers to use them. You agree that you will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services.

8. INTELLECTUAL PROPERTY POLICIES & DISPUTES

We respect the copyright and other intellectual property rights of others and expect Users of our Services to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, we have a policy of terminating, in appropriate circumstances and at our sole discretion, Customers of the Services who are deemed to be repeat infringers. We also may, in our sole discretion, limit access to the Services and terminate the accounts of any Customers of the Services who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Trademark Policy. The FRAME THE WORLD trademark and FRAME THE WORLD logo, and any other product or service name or slogan contained in the Services are trademarks of Frame The World and its suppliers, licensors, or Customers, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Frame The World or the applicable trademark holder. You may not use metatags or any other "hidden text" utilizing "Frame The World" or any other name, trademark or product or service name of Frame The World without our prior written permission. In addition, the look and feel of the Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Frame The World and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

Links. You may not use the FRAME THE WORLD logo or other proprietary graphic of Frame The World to link to the Services without the express written permission of Frame The World. Further, you may not frame any Frame The World trademark, logo or other proprietary information, including the Content in the Services, without Frame The World’s express written consent.

Copyright Policy & Disputes. If you are a copyright owner or the legal agent of a copyright owner, and you believe that any Content infringes on your copyrights, you may submit a notification to us pursuant to our DMCA Notice procedure:

Notification of Alleged Copyright Infringement: If you believe that Content available on or through our Services infringes one or more of your copyrights, please immediately notify our Copyright Agent by mail or email (“Notification”) providing the information described below, which Notification is pursuant to DMCA 17 U.S.C. § 512(c)(3). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification.

All Notifications should include the following:

  • A physical or electronic signature (typing your full name within forward slashes (“/myname/”) will suffice) of the copyright owner or a person authorized to act on their behalf (“complaining party”);
  • Identification of the copyrighted work claimed to have been infringed (e.g., a link to the original work or clear description of the materials allegedly being infringed upon), or, if multiple copyrighted works at a single online website or webpage are covered by a single Notification, a representative list of such works at that website or webpage;
  • Identification of the infringing material and information reasonably sufficient to permit Frame The World to locate the material on our Services;
  • Information reasonably sufficient to permit us to contact the complaining party, such as the name, account name, address, telephone number, and email address at which the complaining party may be contacted;
  • A statement that the complaining party has a good faith belief that the use of the material in the manner asserted is not authorized by the copyright owner, its agent, or the law; and
  • 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 copyright owner.

Please be advised that pursuant to federal law you may be held liable for damages, including court costs and attorney’s fees, if you materially misrepresent that Content on our Services infringes a copyright. Thus, if you are not sure that Content located on or linked to by our Services infringe your copyright, you should consider first contacting an attorney.

Submit your Notification to our designated Copyright Agent: DMCA Agent – 416 W. Main St., Tomball, TX 77375; DMCA@frametheworld.org. Upon receiving a proper Notification of alleged copyright infringement, we will remove or disable access to the allegedly infringing material and promptly notify the alleged infringer of your claim. We will also advise the alleged infringer of the DMCA statutory counter-notification procedure described below by which the alleged infringer may respond to the complaining party’s claim and request that we restore this material. Please note that our furnishing the complaining party’s claim to the alleged infringer will include the personal information provided in the Notification, which the alleged infringer may use to contact the complaining party directly. As such, by submitting a Notification of alleged copyright infringement, the complaining party consents to disclosure of their information in the aforementioned manner.

Counter Notification: If you believe your copyrighted material has been removed from the Services as a result of a mistake or misidentification, you may submit a written counter-notification letter to us. To be an effective counter-notification under the DMCA, the counter-notification must substantially include the following:

  • Your name, address, and telephone number;
  • Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (the description from the copyright notice will suffice);
  • A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
  • A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which Frame The World is located;
  • A statement that you will accept service of process from the complaining party within the Notification or an agent of such person; and,
  • A physical or electronic signature (typing your full name will suffice).

You may submit the written counter-notification to our Copyright Agent by mail or email using the contact information set forth above. Please note that if you materially misrepresent that the disabled or removed Media was removed by mistake or misidentification, you may be liable for damages, including costs and attorney’s fees. Filing a false counter-notification constitutes perjury. If you send us a valid, written counter-notification meeting the requirements described above, we will restore the removed or disabled Content after 10 business days but no later than 14 business days from the date we receive the written counter-notification, unless our Copyright Agent first receives notice from the complaining party informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the Content in question.

9. SUSPENSION

Violations. If we become aware that Customer’s use of the Services violates the Terms, we will notify Customer and request that Customer correct the violation. If Customer fails to promptly correct the violation, then we may suspend all or part of Customer’s use of the Services until the violation is corrected.

Other Suspension. Notwithstanding the above paragraph, we may immediately suspend all or part of Customer’s use of the Services if (a) we reasonably believe the suspension is needed to protect our Services, our infrastructure supporting the Services, or any other customer of the Services (or their Users or Guests); (b) there is suspected unauthorized third-party access to the Services; (c) we reasonably believe that immediate suspension is required to comply with any applicable laws; or (d) Customer is in breach of these Terms.

10. FEES AND BILLING

Monthly Plan. If Customers select this option, the Customers will pay for the Services on a monthly basis. Frame The World will bill Customer $15.99 monthly in arrears for its use of the Services.

Annual Plan. If Customers select this option, Customers will be committed to purchasing the Services from Frame The World for an annual term in the amount of $129.99.

Payment. All payments due are in U.S. dollars unless otherwise indicated on an invoice. Customers will provide Frame The World with valid and updated credit card information. If Customers provides credit card information to Frame The World, Customers authorize Frame The World to charge such credit card for all fees owed in Customers’ initial subscription term and any renewal subscription term(s). Such charges shall be made in advance, in accordance with the billing frequency indicated by Customers. Invoiced fees are due net 30 days from the invoice date. Customers are responsible for providing complete and accurate billing and contact information to Frame The World of any changes to such information.

Automatic Renewal. These Terms and your obligation to pay fees automatically renew at the end of each billing cycle.

Contingent on Payment. Your use of Frame The World Services is conditioned on your payment of fees for the Services.

Suspension for Overdue Fees. We reserve the right to suspend Customers’ access to Services in the event of any unpaid and overdue fees.

Price Revisions. We reserve the right to increase fees from time to time in our sole discretion. We will notify Customers at least 30 days in advance of any changes. Customers’ pricing will change at the beginning of Customers’ next billing cycle.

11. TERM & TERMINATION

Agreement Term. The term of these Terms will begin on the date when you access the Services (the “effective date”) and continue until the your access is terminated or a Customer’s Account is not renewed.

Termination by Customers. Customers may stop using the Services at any time. To terminate your Frame The World Account, follow the instructions available within the Frame The World application, or email info@frametheworld.org.

Termination by Frame The World. Frame The World may immediately and without notice terminate a Customer’s Account and suspend or disable a Customer’s access to the Services if Frame The World determines, in its sole discretion, that:

  • You have breached these Terms.
  • You have violated applicable laws, regulations, or third-party rights.
  • Such action is needed to protect the safety or property of other users, Frame The World, or third parties.
  • We have reason to believe you, your Users, or your Guests have violated these Terms.

If we intend to remove your account in accordance with this Section, we will try to provide advance notice to you before we remove your account, but we need not provide notice, if we determine it would be impractical, illegal, not in the interest of someone’s safety or security, or otherwise harmful to the rights or property of Frame The World to provide such notice.

Effect of Termination or Non-Renewal. If a Customer’s Account are terminated or not renewed, then (a) all rights and access to the Services will cease and (b) all fees owed by Customer to Frame The World are immediately due upon Customer’s receipt of the final electronic bill or as stated in the final invoice.

Provisions in these Terms that, by their nature, should survive termination of a Customer’s Account shall survive any termination of your account.

12. DISCLAIMER OF WARRANTIES

You expressly understand and agree that to the fullest extent of law, your use of the Services is entirely at your own risk. The Services are provided on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranties or representations about the accuracy, reliability, completeness or timeliness of the content made available through the services, or the text, graphics, or links.

We do not warrant that the Services will operate error-free or that the Services are free of computer viruses and other harmful malware. If your use of the Services results in the need for servicing or replacing equipment or data, we shall not be responsible for those economic costs.

13. LIMITATION OF LIABILITY

Under no circumstances and under no legal theory (whether in contract, tort, or otherwise) shall we be liable to you or any third party for:

(a) Any indirect, incidental, special, exemplary, consequential, or punitive damages, including lost profits, lost sales or business, lost data or data breach, or

(b) For any direct damages, costs, losses, or liabilities (including attorneys’ fees) in excess of the fees actually paid by you in the twelve months (12) months preceding the event giving rise to your claim or, if no fees apply, one hundred ($100) U.S. dollars.

The provisions of this section allocate the risks under this agreement between Frame The World and you (“parties”), and the parties have relied on these limitations in determining whether to enter into this agreement. Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. In these states, our liability will be limited to the greatest extent permitted by law.

We make no representations or warranties with respect to the Services, or any other items or services provided by us, including, without limitation, any implied warranty arising by usage of trade, course of dealing or course of performance, any implied warranty of merchantability or fitness for a particular purpose and any implied warranty of non-infringement. You acknowledge that the Services (including any servers or other hardware, software and any other items used or provided by us in connection with the services) are provided “as is” and that we make no warranty that the services will be free from bugs, faults, defects or errors or that access to the services will be uninterrupted.

14. INDEMNITY

You agree to indemnify and hold harmless Frame The World and its officers, directors, employees, agents, and affiliates (each, an “Indemnified Party”), from and against any losses, claims, actions, costs, damages, penalties, fines, and expenses, including without limitation attorneys’ fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from:

  • (a) your Content;
  • (b) your misuse of the Services;
  • (c) your violation of these Terms; or
  • (d) your violation of any applicable laws, rules or regulations through or related to the use of the Services.

In the event of any claim, allegation, suit or proceeding alleging any matter potentially covered by the agreements in this section, you agree to pay for the defense of the Indemnified Party, including reasonable costs and attorneys’ fees incurred by the Indemnified Party. We reserve the right, at our 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. This provision does not require you to indemnify any Indemnified Party for any unconscionable commercial practice by such party, or for such party’s negligence, fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Services. You agree that the provisions in this section will survive any termination of your account, these Terms, or your access to the Services.

15. DISPUTES WITH OTHER CUSTOMERS

If there is a dispute between Customers of our Services or between Customers and any third party, you agree that Frame The World is under no obligation to become involved.

In the event that you have a dispute with one or more other Customers, you hereby release Frame The World, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services.

16. DISPUTE RESOLUTION AND BINDING ARBITRATION

Please read this section carefully. It requires you to arbitrate disputes with us and limits the manner in which you can seek relief. This section of the terms shall be referred to as the “arbitration agreement.”

Scope of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access or use of the Services, or to any advertising or marketing communications regarding us or our Services, to, or to any aspect of your relationship or transactions with us as a consumer of our Services will be resolved by binding arbitration, rather than in court, except that (1) 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; and (2) you or Frame The World may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of this Agreement.

If you agree to arbitration with us, you are agreeing in advance that you will not participate in or seek to recover monetary or other relief in any such class, collective, and/or representative lawsuit. Instead, by agreeing to arbitration, you may bring your claims against us in an individual arbitration proceeding. If successful on such claims, you could be awarded money or other relief by an arbitrator.

Informal Resolution. You and Frame The World agree that good-faith informal efforts to resolve disputes often can result in a prompt, low-cost and mutually beneficial outcome. You and Frame The World therefore agree that, before either you or Frame The World demands arbitration against the other, we will personally meet and confer, via telephone or video conference, in a good-faith effort to resolve informally any claim covered by this mutual Arbitration Agreement. If you are represented by counsel, your counsel may participate in the conference, but you shall also fully participate in the conference. The party initiating the claim must give notice to the other party in writing of its, his, or her intent to initiate an informal dispute resolution conference, which shall occur within 60 days after the other party receives such notice, unless an extension is mutually agreed upon by the parties. To notify us that you intend to initiate an informal dispute resolution conference, email info@frametheworld.org, providing the email associated with your Frame The World account (if any) and a description of your claim. In the interval between the party receiving such notice and the informal dispute resolution conference, the parties shall be free to attempt to resolve the initiating party’s claims. Engaging in an informal dispute resolution conference is a requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process required by this paragraph.

Arbitration Rules and Forum. This Arbitration Agreement is governed by the Federal Arbitration Act in all respects. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent, Arbitration Agent – Frame The World, 416 W. Main St., Tomball, TX 77375. The arbitration will be conducted by JAMS under its rules and pursuant to the terms of this Agreement. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com (under the Rules/Clauses tab) or by calling JAMS at 800-352-5267. Payment of all filing, administration, and arbitration fees will be governed by JAMS’s rules. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver of fees from JAMS, we will pay them for you. In addition, we will reimburse all such JAMS filing, administrative, hearing and/or other fees for claims with an amount in controversy totaling less than $10,000. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. You may choose to have the arbitration conducted by telephone, video conference, based on written submissions, or in person in the county where you live or at another mutually agreed location.

Arbitrator Powers. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Frame The World. The arbitration proceeding will not be consolidated with any other matters or joined with any other proceedings or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and this Agreement (including this Arbitration Agreement). The arbitrator will issue a written statement of decision describing the essential findings and conclusions on which any award (or decision not to render an award) is based, including the calculation of any damages awarded. The arbitrator shall follow the applicable law. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The arbitrator’s decision is final and binding on you and Frame The World.

Waiver of Jury Trial. You and Frame The World waive any constitutional and statutory rights to sue in court and receive a judge or jury trial. You and Frame The World are instead electing to have claims and disputes resolved by arbitration, except as specified in the Scope of Arbitration Agreement paragraph above. There is no judge or jury in arbitration, and court review of an arbitration award is limited.

Waiver of Class or Consolidated Actions. You and Frame The World agree to waive any right to resolve claims within the Scope of this Arbitration Agreement on a class, collective, or representative basis. All claims and disputes within the Scope of this Arbitration Agreement must be arbitrated on an individual basis and not on a class basis. Claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable with respect to a particular claim or dispute, neither you nor Frame The World is entitled to arbitration of such claim or dispute. Instead, all such claims and disputes will then be resolved in a court.

Batch Arbitrations. To increase efficiency of resolution, in the event 100 or more similar arbitration demands against us, presented by or with the assistance of the same law firm or organization, are submitted to an arbitration provider selected in accordance with the rules described above within a 30-day period, the arbitration provider shall (i) group the arbitration demands into batches of no more than 100 demands per batch (plus, to the extent there are less than 100 arbitration demands left over after the batching described above, a final batch consisting of the remaining demands); and (ii) provide for resolution of each batch as a single arbitration with one set of filing and administrative fees and one arbitrator assigned per batch. You agree to cooperate in good faith with Frame The World and the arbitration provider to implement such a batch approach to resolution and fees.

Opt Out. You may opt out of this Arbitration Agreement. If you do so, neither you nor Frame The World can force the other to arbitrate as a result of this Agreement. To opt out, you must notify Frame The World in writing no later than 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your email address (if you have one), and a CLEAR statement that you want to opt out of this Arbitration Agreement. You must send your opt-out notice to: info@frametheworld.org. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may have entered into with us or may enter into in the future with us.

Survival. This Arbitration Agreement will survive any termination of your relationship with us.

Modification. Notwithstanding any provision in these Terms to the contrary, we agree that if we make any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice of to us.

17. EXCLUSIVE VENUE

To the extent the parties are permitted under these Terms to initiate litigation in a court, both you and Frame The World agree that all claims and disputes arising out of or relating to the Terms will be litigated exclusively within the State of Texas for courts situated in Harris County, Texas, or in federal court for the Southern District of Texas.

18. GENERAL

Electronic Communication
For contractual purposes, you (1) consent to receive communications from us in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. This subparagraph does not affect your statutory rights.

No Waiver
The failure of Frame The World to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.

Assignment
You may not assign or transfer a Customer Account, by operation of law or otherwise, without Frame The World’s prior written consent. Any attempt by you to assign or transfer a Customer Account without such consent will be null and of no effect. Frame The World may assign or transfer access to its Services, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and insure to the benefit of the parties, their successors, and permitted assigns. These Terms do not and are not intended to confer any rights or remedies upon any person other than Frame the World and its Customers and visitors to its Site and App.

Severability
If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

Entire Agreement
These Terms constitute the entire agreement between you and Frame The World regarding your use of Frame The World’s Services, and supersede all prior written or oral agreements. Additional terms may apply to certain products or services. In the event that there is a conflict between these Terms and any additional terms, these Terms will control.

Modification
Frame The World reserves the right, at its sole discretion, to modify these Terms at any time and without prior notice. If we materially modify these Terms, as determined by Frame The World in its sole discretion, we will either post a notification of the modification or otherwise provide you with notice of the change. The date of the last modification will also be posted at the beginning of these Terms. It is your responsibility to check from time to time for updates. By continuing to access or use the Services, you are indicating that you agree to be bound by any modified Terms.

19. CONTACT INFORMATION

If you have questions about these Terms, please contact us at:

Email: info@frametheworld.org

Mail: Frame The World, 416 W. Main St., Tomball TX 77375