Terms of use for the Franz Collection Inc. Website

BY USING THE FRANZ COLLECTION INC. WEBSITE (the "Site") LOCATED AT www.franzcollection.com, the Site VISITOR ("You") INDICATE YOUR ACCEPTANCE TO THE FOLLOWING TERMS OF USE ("Terms"):

Intellectual property

The following elements of the Site are owned, controlled or licensed by or to THE FRANZ COLLECTION INC. ("FRANZ") or its suppliers and are protected by the United States of America and international trade dress, copyright, patent and trademark, and various other intellectual property right laws and regulations:

• All text, graphics, logos, buttons, icons, images, photographs, artworks, the design and "look and feel" of FRANZ merchandise, computer code, and data compilations - both individually and as they are compiled on the website.
• All software hereof.

Trademarks

The trademarks or trade dress of FRANZ and its affiliates may not be used without Franz's prior written permission. Trademarks or trade dress include the FRANZ name and logo, and other graphics, logos, page headers, buttons, icons, scripts, and service names of FRANZ merchandise, services and program, and those of our affiliates.

Use of materials

The information and other materials (collectively, "Materials") contained in the Site are owned by FRANZ or its agents. FRANZ does not intend to grant You any right or license with regard to the Materials.

FRANZ grants NO permission or authorization to You for downloading any of FRANZ's merchandise images from the Site and using them for any purpose by any means. Should You have any need to use FRANZ's merchandise images, You shall contact FRANZ for permission or authorization. FRANZ reserves the right to refuse Your request.

FRANZ reserves the right to, at its sole discretion, to change, modify, add, update or remove a portion and/or all of these Terms, at any time, without notice. It is Your responsibility to check these Terms periodically for changes. Your continuing use of the Site following the posting of changes shall be deemed as your acceptance and agreement to the changes.

Disclaimer

FRANZ MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, EXPRESS AND IMPLIED, RELATED TO THE SITE, ITS CONTENT, OR THE INFORMATION PROVIDED BY FRANZ OR OTHERWISE AVAILABLE ON OR THROUGH IT. The Materials are provided "as is" with all faults. FRANZ and its affiliates, directors, officers, employees, agents, contractors, successors and assigns of each shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the Materials. FRANZ shall have no liability to You whatsoever in connection with the Materials of the Site in excess of the amount paid by You, if any.

No confidentiality

If You transmit information or other materials on or through the Site, You are confirming that the materials are either in the public domain or that You have the express authority to distribute same on the Internet and to grant FRANZ the same right. FRANZ is not willing to receive any confidential or proprietary information or trade secrets through the Site. Any and all information, materials, suggestions, ideas or comments sent to FRANZ will be treated as non-confidential, and by submitting it, You are granting FRANZ an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute it for any purpose whatsoever, with no payment or other compensation to You.

No access

FRANZ shall have the right to bar You from access to the Site at any time if in FRANZ's sole discretion You fail to comply with any of these Terms, and You shall destroy all Materials and copies thereof in Your possession or control.

Applicable law

You are solely responsible for compliance with all applicable laws in Your jurisdiction which apply to Your access to the Materials. In addition, these Terms shall be governed by and construed in accordance with the laws of the State of California without giving effect to any principles of conflict of law.