Franklin International
Website Use Terms and Conditions (“Terms of Use”)

Overview:

The following Terms of Use apply to all visitors (“Visitors”) and registered users (“Users”) to this website (the “Website”) operated by Franklin International, Inc. (“Franklin International”). By visiting the Website or by registering as a User of the Website, you agree to be bound by these Terms of Use, as they may be modified by Franklin International at any time and posted on the Website. In the event of a violation of these Terms of Use, Franklin International reserves the right to seek all remedies available at law and in equity. Franklin International retains the right at our sole discretion to deny access to anyone to this Website, at any time and for any reason, including, but not limited to, for violation of these Terms of Use.

Limited License to Use Materials:

In connection with the creation, hosting, maintenance and/or display of the Website, Franklin International uses certain Franklin International proprietary materials or other materials licensed to Franklin International, including, but not limited to, software, HTML code, scripts, text, artwork, photographs, images, video, audio, User Submissions (as defined below), trademarks, service marks and trade names (collectively, “Materials”) that are protected by copyright laws and other U.S. and international laws and treaties. All Materials are provided by Franklin International as a service to Visitors and Users, and, unless otherwise authorized, may be used only for internal informational purposes and only if you retain all copyright and other proprietary notices contained on the Materials. No right, title or interest in our Materials is conveyed to you. This is a limited license, not a transfer of title to our Materials, and such license is subject to the following restrictions: (a) you may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license or otherwise exploit this Website, any of its Materials, or any related software without our prior written permission; and (b) you will not permit any copying of our Materials. Any unauthorized copying, alteration, distribution, transmission, performance, display, or other use of these Materials is prohibited. Franklin International may revoke this limited license at any time for any or no reason. All rights not expressly granted are reserved by Franklin International.

Submitting Content:

The Website permits Users to submit text, artwork, photographs, images, video, audio, and other communications and content (collectively, “User Submissions”). If you post a User Submission on the Website, you agree to all of the following:
a. Your content will be available to the public and may be re-shared publicly by other Website Visitors and Users on social networks including, but not limited to, Facebook, Twitter and Pinterest.
b. By posting User Submissions to the Website, you automatically grant to Franklin International an irrevocable, unrestricted, perpetual, non-exclusive, fully paid, sublicenseable, worldwide and transferable license and right, but not the obligation, to use, edit, alter, copy, reproduce, disclose, perform, display, publish, remove, prepare derivative works from, distribute, exhibit, broadcast or otherwise exploit the User Submissions, in whole or in part, in any form, media or technology, now known or hereafter developed including, without limitation, mailings, brochures, broadcast and cable television, radio, mobile transmission, the Internet and social media, and for any other purpose whatsoever including, without limitation, advertising, promotion, entertainment or commercial purposes, without any payment to or further authorization by you. Such use may cause your User Submissions to appear on other websites, in public displays, in newspaper articles, or television, radio, or Internet news or publicity stories. You waive any right to inspect or approve any material in which Franklin International may eventually use your User Submissions and understand that Franklin International may crop, shape, or otherwise adjust any User Submission.
c. You are the owner of the content in your User Submissions.
d. Use of your User Submissions on the Website or otherwise by Franklin International, in whole or in part, will not infringe upon the rights of any third party including, without limitation, any intellectual property or privacy rights.
e. You have the written consent, release and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Use without compensation or objection.  
Please exercise caution when posting personal information on the Website. Please do not disclose personally identifiable information like: your location, phone number, or financial information. Franklin International makes reasonable efforts to monitor and/or moderate Users Submissions on this Website; however, Franklin International cannot always respond in a timely manner to online requests.
Franklin International does not endorse any product, service or views in User Submissions on its Website. The views expressed in User Submissions are those of the User and are not necessarily representative of the views of Franklin International. All links to other websites linked from the Website are provided as a service to Visitors and Users, but such linkage does not constitute endorsement of those sites by Franklin International, and, as such, we are not responsible for the content of external websites.

Prohibited Use of Website:

You agree that your use of the Website will not: violate any local, state, federal and international laws and regulations, including but not limited to copyright and intellectual property rights laws regarding any content that you post; transmit any material that is unlawful, disruptive, threatening, profane, abusive, harassing, embarrassing, tortuous, defamatory, obscene, libelous, an invasion of another’s privacy, hateful, racially or ethnically objectionable, or otherwise objectionable as determined in Franklin International’s sole discretion; impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; transmit any material that you do not have a right to make available under any law or under contractual or fiduciary relationships; transmit any material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation; transmit any material that contains software viruses, worms, disabling code, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or collect, store or disclose, or attempt to collect, store or disclose, personal data about third parties without their knowledge and consent. 
Franklin International may remove, delete, filter, block or restrict by any other means any User Submissions on the Website in its sole discretion without prior notice. If you do not comply with these Terms of Use at any time, Franklin International reserves the right to remove, delete, filter, block or restrict by any other means your use of or access to the Website in its sole discretion without prior notice. 

Trademarks:

Franklin International retains all rights regarding its trademarks, trade names, brand names, logos and trade dress. These marks, names logos and trade dress, and all associated logos and images, are registered and/or common law trademarks, and are protected by U.S. and international laws and treaties. No license to the use of such marks, names, logos or trade dress is granted to you under these Terms of Use or by your use of this Website. Your misuse of the trademarks, trade names, brand names, logos or trade dress displayed on this Website is strictly prohibited.

Notice of Copyright Infringement:

Franklin International does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Franklin International will remove User Submissions if properly notified that such User Submission infringes on another’s intellectual property rights. Franklin International reserves the right to remove User Submissions without prior notice. Franklin International may also terminate a User’s access to the Website if the User is determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice.
If you are a copyright owner or an agent thereof and believe that any User Submission, Materials or other content infringes upon your copyrights, you may notify us by providing the following information in writing:
(1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(2) Identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the website where it is posted or the name of the book in which it has been published;
(3) Identification of the material that is claimed to be infringing and a description of the infringing activity and information reasonably sufficient to permit us to locate the material;
(4) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, an email address;
(5) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(6) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our agent for notice of claims of copyright infringement on this site can be reached as follows:
Franklin Adhesives & Polymers’ Marketing Department
2020 Bruck Street
Columbus, OH 43207
marketing@franklininternational.com
You acknowledge that if you fail to comply with all of the requirements above, your notice may not be valid.

Disclaimer:

The recommendations and data displayed or distributed through this Website regarding Franklin International products are based on information Franklin International believes to be reliable. They are offered in good faith without guarantee, as conditions and methods of use of our product by Visitors and Users are beyond Franklin International’s control. Visitors and Users must determine the suitability of the product for a particular application before adopting it on a commercial scale. The information on this Website could contain technical inaccuracies or typographical errors, and information can be changed, updated and deleted without notice. In addition, Franklin International assumes no obligation to update or to continue to post the information. Further, nothing on this site shall be construed to alter any warnings, disclaimers, or other information contained on or in the packaging of any Franklin International product. ALL INFORMATION PROVIDED ON OR THROUGH THIS WEB SITE IS PROVIDED “AS IS” WITH NO WARRANTIES OF ANY KIND WHATSOEVER, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT.  Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

LIMITATION OF LIABILITY:

YOU EXPRESSLY UNDERSTAND AND AGREE THAT FRANKLIN INTERNATIONAL SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FRANKLIN INTERNATIONAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (I) YOUR USE OF THE WEBSITE, OR (II) USER SUBMISSIONS OR CONDUCT OF ANY THIRD PARTY. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitations may not apply to you.

Jurisdiction:

You agree that any claim or dispute relating to your User Submissions or use of the Website shall be construed in accordance with the laws of the State of Ohio without regard to its conflict of laws provisions, and you agree to be bound and shall be subject to the exclusive jurisdiction of the local, state or federal courts located in Franklin County, Ohio with respect to any dispute related to the Website or these Terms of Use. Some jurisdictions may not allow an exclusive jurisdiction clause. In such jurisdictions, the foregoing exclusive jurisdiction clause my not apply to you.  

Updates to Website and Terms of Use:

Franklin International may terminate, change, suspend or discontinue any aspect of this Website, including the availability of any features of the Website, at any time and without notice. As we continue to offer our Visitors and Users new and different types of content and services, Franklin International may modify these Terms of Use at anytime without notice, and each time a Visitor or User accesses the Website, the new Terms of Use will apply. By continuing to use a Social Media Page after such new Terms of Use is posted, you accept and agree to all modifications to the Disclaimer.

Indemnity:

You agree to defend, indemnify and hold harmless Franklin International, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorneys’ fees) arising from: (a) your use of and access to the Website; (b) your violation of any term of these Terms of Use; (c) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (d) any claim that any of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Website.

Consent:

Requests for Franklin International’s consent or approval should be made in writing and directed to webmaster@franklininternational.com or to Franklin International, Attention: Webmaster, 2020 Bruck Street, Columbus, Ohio 43207.
Last Update: November 2012.