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Wallhogs Photographers Terms of Service


Copyright / Copyright Agent / Partial Nullity / Privacy / Personal Info

Agreement

This Agreement controls your use of the WebSite and the goods and services involved. By using the WebSite and the goods and services, you understand that you are agreeing to abide by the terms and conditions contained herein.

Wallhogs is committed to the appropriate and legal use of the intellectual property of others, and we require our users to behave similarly. Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs and written and other materials that appear on the Wallhogs Site (collectively the "Contents") are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by Wallhogs.

(1) Wallhogs has the sole discretion to reject any image that it considers libelous, defamatory, obscene, profane (according to standards established by the FCC), portraying irresponsible use of alcohol or other substances, advocating persecution based on gender, age, race, disability or national origin, containing explicit sexual content or is otherwise inappropriate for Wallhogs production.

(2) You agree to not use Wallhogs Service to create any material that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, or that infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any third party.

(3) The photographers gives Wallhogs the right of use for created and transmitted designs – this includes the right to print the design on the product. Wallhogs retains the right to sell photographers designs to end users and will not sell designs to other brokers or wholesalers/retailers.

(4) Wallhogs retains the right to use the design of an photographers for advertising on the Wallhogs website.

(5) By transmitting the design, the photographers assures Wallhogs that no rights of a third party are thereby violated. Any copyright violations are the full responsibility of the customer. The customer must insure that any designs in no way infringe the rights of third parties. Wallhogs may, in appropriate circumstances and at its discretion, discontinue and/or terminate the photographers agreement of users who may be repeat infringers of copyright violations.

(6) The photographerss will exempt Wallhogs upon first request of all demands and requirements incurring from third–party rights violations. The photographers must refund all arising costs of the defense and other damage to Wallhogs. Wallhogs can demand advance payments of an estimated amount of the defense costs.

(7) The photographers is required to give Wallhogs immediate written notice of a claim of third–party rights violations.

Copyright and Intellectual Property Agent for Notice

If you believe that your work has been copied in a way that constitutes a copyright infringement, or that your intellectual property rights have been otherwise debased, please provide Wallhogs with the following information:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  2. A description of the copyrighted work or other intellectual property that you claim has been infringed upon;
  3. A description of where the material that you claim is infringing is located on the site as well as the shop id found at the top of the url of the infringing party;
  4. The telephone number, address, and email address;
  5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; or proof that you are the holder of the copyright of the material
  6. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Wallhogs Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail:
Paul M. Conklin
c/o SerKlin Enterprises, Inc.
2217 Longview Drive
Greensburg, PA. 15601

By phone:
877–900–4647

By fax:
(866) 501 4881

By email:
pmc@wallhogs.com

Area of Jurisdiction

(1) The exclusive place of jurisdiction for all disputes arising from this contract is Yorklyn, Delaware, USA. The supplier remains entitled to take legal action or institute other proceedings at the client's general place of jurisdiction. The legal relations between both parties are solely in line with the law of the State of Delaware, USA.

(2) The client will indemnify Wallhogs from any claims and outstanding bills incurred in connection with any third–parties rights violation. The client will reimburse Wallhogs all costs and expenses incurred in connection with attorney fees and other damages. The client is obliged to inform Wallhogs forthwith in writing of any claim brought against the client due to a violation of third–parties rights, in connection with the content of the shop.

Partial Nullity

(1) The invalidity or unenforceability of any provision of these terms and conditions will not affect the validity or enforceability of any other provision of these terms and conditions, all of which will remain in full force and effect. In the case of partial nullity, both parties will preferably try to reach an agreement in order to replace the invalid or unenforceable provision. This also holds true for possible loopholes.

(2) Wallhogs may use trustworthy third–parties to provide certain services for the management of the agreement. As a result, Wallhogs may have to provide the third–parties with clients' personal data. The data provided is saved, processed and used by third–parties in accordance with the agreement. Wallhogs partners are obliged to delete all data immediately after their part of the contract has been executed. Wallhogs will not provide third–parties with any personal data for advertising purposes.

Privacy Policy

Wallhogs is aware that you care how information about you is used and shared, and we appreciate your trust that we will do so carefully and sensibly. The purpose of this Privacy Statement is to provide you with information concerning our services, the types of information we are provided by third parties or obtain ourselves through your visits to our Website, how we use that information, whether we disclose the information provided to us by others, and the options you have with regard to the use and correction of that information. Our goal in handling personal information provided to us is to comply with applicable privacy laws worldwide and to offer users of our Website notice, choice, consent, security, data integrity, access, and enforcement with regard to personal information. Although legal requirements vary worldwide, Wallhogs goal is to provide protection for your personal information no matter where that information is collected, transferred, or retained. By using the Wallhogs Website you are accepting the practices described in this policy. If you have any questions or comments regarding this Privacy Policy, please contact us at: cs@wallhogs.com

Collection of Personal Information

Personal information means any information that may be used to identify you and may include but is not limited to your name, physical address or email address, phone number, type of hardware or software you use, credit card details, and other information required to provide you the product, service or support requested. We also collect information as you provide it to us. If you call customer service with concerns to an order, we will document all information you provide us. This can include changes to address, email, phone numbers, credit card information or other pertinent order related information. We also collect non–personal information from you, such as your browser type, URL's, your ISP, operating system and your IP address. This information cannot be easily used to identify you.

Use of Personal Information

Personal information provided to us may be transferred worldwide within Wallhogs or to third parties providing services to Wallhogs including but not limited to across borders, from our country or collective area to other countries or collective areas around the world. Some of the ways in which we will use the personal information provided us include:

  1. To take, process or deliver your order, process or obtain payment, process or submit commission/royalty payments or notify you of the status of your order;
  2. To provide it to industry and credit related organizations for security, credit or fraud prevention purposes;
  3. To provide you with effective customer service and/or technical support
  4. To monitor service or purchasing patterns;
  5. To provide you with service updates, announcements, and other product offerings;
  6. To send you, with your consent, newsletters or promotional emails or undertake other promotional activities;
  7. To permit you to participate in online surveys and polls, assuming you voluntarily agree to provide such information in connection with these surveys and polls; and
  8. To improve Wallhogs website, the customer experience and any related products or services.

We will take reasonable steps to ensure any person or entity receiving personal information for the purposes described above, are obligated to protect the personal information on your behalf. By submitting your order to us, you consent to the use of your personal information as set forth above, and to the transfer of that data to those individuals or entities we engage to provide services in connection with your transaction.

Disclosure of Personal Information

Wallhogs will disclose your personal information directly to you upon your request; provided, however, that we may reject all or part of your request when:

  1. The disclosure may harm life, the body, the property and the other rights of yourself or the third parties,
  2. The disclosure may lead the remarkable difficulties to the appropriate operation of our business or
  3. The disclosure may lead to a breach of other laws and regulations.
  4. Generally speaking we do not disclose your information to third parties without your consent. We do reserve the right to do so if it is necessary to the operation and continued growth of our company or to protect the rights of others.

    We may disclose your Personal Information to prevent an emergency, to protect or enforce our rights, to protect or enforce the rights of a third party, or as required by law (including, without limitation, to comply with a subpoena or court order).

    Wallhogs also employ other companies to provide services to us in connection with your transaction. We do use companies to process credit card payments, deliver packages, provide marketing aid, and analyze data. These organizations may have access to personal information as required to permit them to perform their obligations to us. In the event Wallhogs merges with another entity, is acquired by another entity, or enters into a business combination with another entity, Wallhogs may be required to disclose some or all of your personally identifiable information to that entity to continue serving you.

    Wallhogs is not in the business of selling, trading or renting personal information. We will not use or share your personally identifiable information with others except those individuals or entities which have a business relationship with Wallhogs.

    Cookies

    We may use Cookies and other tracking technologies such as web beacons. Cookies are small text files that are transferred to and from your computer's hard disk to our website. Wallhogs uses this data for product images and payment information. These need to be activated for the process to be completed.

    Children's Privacy

    This site is not aimed to attract children and its objective is to not collect personal information from children. Anyone under the age of 13 should not use this website unless supervised by an adult. Wallhogs goal is to comply with applicable laws and regulations relating to collection and use of information from children, including the Children's On–line Privacy Protection Act of the United States.

    Security of Personal Information

    Customers who purchase through Wallhogs system are shopping on a secure server which encrypts customer's credit card information and passwords. Wallhogs uses a Secure Socket Layer (SSL) to encrypt your personal information and protect it from disclosure, destruction, modification, or use.

    Your Choices

    You can decide whether or not to provide your personal information to Wallhogs. However, if you do not provide personal information you may not be able to make purchases, enlist services or access certain offers or options that may be of benefit to you. At the time you provide your information, we will offer you the choice as to whether or not you wish to receive further communications about special offers, product information, newsletters or other messages. You can unsubscribe to any of our newsletters or special promotional mail at anytime by emailing us cs@wallhogs.com.

    Changes to this Privacy Statement

    Wallhogs may amend this Privacy Statement from time to time. We will notify you of such amendments or changes by updating the Effective Date at the top of this Privacy Statement.