TERMS OF SERVICE

 

Welcome to Wall Mural! Wall Mural LLC (“Wall Mural”) publishes the Wall Mural app (“App”).  Through the App, users can choose images, including your own images, for wall murals that can be purchased for delivery or installation.  These Terms of Use (“Terms”) may be changed or updated at any time, but you can always find the most recent version here. In the case of inconsistencies between these Terms and information included in off-line materials (for example, promotional materials and mailers), these Terms will always control. For purposes hereof, your biological and adopted children, and minors for who you are legal guardian, are together referred to as “your minors,” and “you” means you and your minors.  You should periodically check this page to make sure you are up to date. 

By downloading and/or using this App, you accept these Terms and that you agree to be bound by them. Acceptance of these Terms creates a binding contract between you and Wall Mural that you will use the App only in a manner consistent with these Terms. Your use of the App and services available through the App (together, the "Service") is subject to your compliance with these Terms. If you do not agree with these Terms, do not access or use the App or Service. 

You can use the App without creating an account.  In order to save a digital Wall Mural for later retrieval, to share a digital Wall Mural, or purchase a printed Wall Mural, you must have a Wall Mural user account.  When creating a user account, you must provide accurate, complete and updated registration information. You may not select a user name that is vulgar, offensive, obscene or attempts to impersonate another person. You may never use another person's Wall Mural user account without permission from that user. You are solely responsible for all the activity that occurs through your user account, including the activities of others and regardless of whether such activities are authorized, and for keeping your account password secure. You agree to notify Wall Mural immediately of any breach of security or unauthorized use of your account. Although Wall Mural will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Wall Mural or others due to such unauthorized use. We reserve the right to require you to alter your password if we believe your password is no longer secure. Wall Mural reserves the right to refuse to provide you with an account or cancel your account in its sole discretion.  You acknowledge and agree that Wall Mural may access, retain and disclose your account information if required to do so by law or in a good faith belief that such access, retention or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms; (iii) respond to a notice of copyright infringement; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of Wall Mural, its users or the public.

Wall Mural uses your information only as described in the Privacy Policy. Wall Mural views protection of users' privacy as very important. You can access and modify the information you provide us by signing-in to your account and changing your account information and preferences. If you object to your information being transferred or used in the manner provided for in the Wall Mural Privacy Policy your sole recourse is to stop using the Wall Mural App.

The Wall Mural’s Contributor Agreement is hereby incorporated into these Terms of Service if at any time you authorize the uploading or upload any image, content, or other material for use with the App.

The App and Service is protected by U.S. and international copyright laws and by other applicable laws. You may not provide any content owned by someone else without the written consent of the owner of such content. You, and you alone, are solely responsible for any copyright violations that you may incur as a result of your use of the App or activities on the Service. 

Wall Mural has a zero tolerance policy for intellectual property infringement. If you believe that your work or the work of another has been copied in a way that constitutes copyright infringement, contact us at violations@wallmural.com to share your concerns. 

 If you submit content to Wall Mural that Wall Mural, in its sole discretion, believes may infringe another party’s intellectual property rights, Wall Mural may immediately terminate your account, in addition to any other remedies Wall Mural may have.    Additionally, if requested by Wall Mural, you agree to remove any post on social media that includes an image of a Wall Mural which Wall Mural believes may infringe another party’s intellectual property rights or for which Wall Mural has received a complaint of infringement.

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS WALL MURAL, INCLUDING ITS MEMBERS, MANAGERS, EMPLOYEES, AFFILIATES, LICENSORS, SUPPLIERS, INFORMATION PROVIDERS, AND AGENTS (COLLECTIVELY "WALL MURAL AFFILIATES") FROM AND AGAINST ALL LOSSES, CLAIMS, LIABILITIES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS AND ANY TERMS INCORPORATED HEREIN, ANY REPRESENTATION OR WARRANTY WHICH IS NOT TRUE,  OR ANY ACTIVITY RELATED TO THE SERVICE (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR BY ANY OTHER PERSON ACCESSING THE SERVICE AS YOUR INVITEE, SUCH AS BY USING YOUR ACCOUNT.  YOU WAIVE ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST US WITH RESPECT TO ANY ACTIVITIES, CONTENT, PRODUCTS, ACTIONS OR INACTIONS OF ANY THIRD PARTY IN CONNECTION WITH THE APP, OR THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY ILLEGAL, DEFAMATORY, OFFENSIVE, OR UNAUTHORIZED CONDUCT.  IN NO EVENT WILL WALL MURAL OR WALL MURAL AFFILIATES BE LIABLE FOR ANY CLAIM OF ANY NATURE, WHETHER DIRECT OR INDIRECT, ARISING FROM OR RELATED TO (I) CONTENT, INCLUDING, BUT NOT LIMTED TO, CONTENT YOU PROVIDE, MADE AVAILABLE ON OR THROUGH THE SERVICE, INCLUDING ERRORS OR OMISSIONS IN SUCH CONTENT, OR (II) LOSS OR DAMAGE INCURRED AS A RESULT OF CONTENT, INCLUDING, BUT NOT LIMTED TO, CONTENT YOU PROVIDE.   THE APP AND ANY PRODUCT OR SERVICE MADE AVAILABLE THROUGH THE APP OR THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR USE OF THE APP AND THE SERVICE IS AT YOUR OWN RISK. IF THE WALL MURAL YOU PURCHASED IS DAMAGED PRIOR TO DELIVERY TO YOU, WALL MURAL'S SOLE OBLIGATION, AND YOUR SOLE AND EXCLUSIVE REMEDY, WILL BE FOR WALL MURAL TO EITHER (I) REFUND THE FULL AMOUNT OF THE PURCHASE PRICE OF SUCH WALL MURAL, OR (II) REPRINT THE WALL MURAL AT NO EXTRA COST TO YOU.  EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, WALL MURAL AND WALL MURAL AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WALL MURAL MAKES NO WARRANTY THAT (i) THE APP IS SECURE OR ERROR FREE OR THAT YOUR USE OF THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE , (ii) THE SERVICE WILL BE PROVIDED IN A MANNER THAT IS UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (iii) THE SERVICE IS OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (iv) THE SERVICE WILL MEET YOUR REQUIREMENTS. WALL MURAL MAKES NO WARRANTIES OF ANY KIND WITH RESPECT TO SOFTWARE, GOODS, OR SERVICES THAT ARE PURCHASED, ACCESSED, OR OBTAINED THROUGH THE APP OR SERVICE OR THAT ARE ADVERTISED ON THE APP, INCLUDING THAT SOFTWARE WILL BE FREE OF CORRUPTIVE CODE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE APP OR SERVICE IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY INFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY WHICH OCCURS THROUGH YOUR USE OF THE APP OR THE SERVICE.  YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.  

TO THE FULLEST EXTENT PERMITTED UNDER LAW, THE REMEDIES SET FORTH IN THESE TERMS ARE YOUR SOLE AND EXCLUSIVE REMEDIES.  TO THE FULLEST EXTENT PERMITTED UNDER LAW, WALL MURAL WILL HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT, INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE) FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LIABILITIES (INCLUDING ANY LOSS OF DATA, REVENUE OR PROFIT) ARISING WITH RESPECT TO YOUR USE OF THE SERVICE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO DAMAGES ARISING FROM (i) USE OR INABILITY TO USE THE APP OR SERVICE, (ii) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS BY THIRD PARTIES, (iv) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE SERVICE, OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. 

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. 

Wall Mural may, in its sole discretion, terminate your account or your use of the Service, and remove and discard any content, including, but not limited to Your Content, at any time, without notice, for any reason, including: (i) conduct that violates these Terms or other policies or guidelines set forth by Wall Mural elsewhere within the Service, or (ii) conduct Wall Mural, in its sole discretion, believes is harmful to other Wall Mural users, the business of Wall Mural, or Wall Mural Affiliates. Wall Mural will not be liable to you or any third-party for any termination of your access to the App or the Service. 

The state and federal courts of New York are the exclusive forum and venue to resolve any and all disputes arising out of or otherwise relating to these Terms. You consent to personal jurisdiction and venue by the state and federal courts of the State of New York. 

Wall Mural may amend these Terms at any time, for any reason, and without notice, including the right to terminate the Service or any part of the Service. Unless otherwise stated in the amendment or modification, amendments or modifications made by Wall Mural will be prospective only. 

These Terms constitute the entire agreement between you and Wall Mural governing your use of the App and the Service. We may assign these Terms and our rights and obligations under them upon notice to you.  In the case of inconsistencies between these Terms and any information included in off-line materials (for example, promotional materials and mailers), these Terms will always control. You may also be subject to additional terms and conditions that may apply when you use Wall Mural Affiliate services, third-party content, or third-party software.

The failure of Wall Mural to exercise or enforce any Term will not constitute a waiver of such Term. If any Term is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. 

Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Service or these Terms will be filed within one year after such claim or cause of action arose, or be forever barred. 

You can report abuse of these Terms to abuse@wallmural.com.