Terms of Use

Thank you for visiting www.aworkwall.com. As a visitor to the “Site,” composed of sub-domains, content, code, marks, and services you are subject to the below legal rights and obligations.

1. Consent and Modification. Upon accessing or using the Site, you accept (i) these Terms of Use (“Terms”); (ii) “Privacy Policy”, (iii) any other legal notices published by WorkWall on this Site (collectively “Site Terms”). Site Terms apply to all users and visitors of the Site. If users and visitors do not agree with the Site Terms, they should not access or use the Site. WorkWall reserves the right and discretion to change the Site Terms at any time and without notice. Continued use of the site after changes means you accept those changes.

2. Ability to Accept. By visiting or using the Site, you affirm you are over eighteen (18) years of age.

3. Site Access and Use. Users and visitors are granted access to use the Site, insofar as the user maintains compliance, at all times, with these Site Terms.

4. Site Restrictions. Users and visitors (“They”) agree to comply with these Site Terms, and applicable law. They shall not (i) copy, distribute or modify any part of the Site without our prior written authorization; (ii) disassemble, reverse engineer, decompile, decrypt, or attempt to derive the source code of the Site; (iii) transmit or upload any content which contains software viruses, or other harmful computer code, files or programs; (iv) disrupt or overload servers or networks connected to the Site; (v) use or launch any automated systems (including without limitation, "robots" and "spiders") to access the Site; (vi) collect or harvest any personally identifiable information (such as names or email addresses) from the Site; (vii) circumvent, disable or otherwise interfere with security-related features of the Site; (viii) use any communications systems provided by the Site to send unsolicited or unauthorized commercial communications; (ix) use the Site to invade the privacy rights of any Site user or third party; and/or (x) use the Site for any unlawful, harmful, irresponsible, or inappropriate purpose.

5. Account. Some use of the Site may involve an account be created (an “Account”). By creating an Account you affirm (i) you’ve used only accurate and complete information for yourself (ii) you are solely responsible for the activity occurring in your Account (ii) and will must notify WorkWall immediately of any unauthorized use of your Account. Your Account can be deactivated by sending an email request to info@aworkwall.com.

6. Intellectual Property Rights.

6.1 Ownership. WorkWall and its affiliated licensors retain all title, ownership rights, and Intellectual Property Rights (defined below) pertaining to all content on the Site, and the Site (related code) itself. Further WorkWall reserves all rights not expressly granted herein. “Intellectual Property Rights” means the collective reference to: all rights, title, including copyrights, copyright licenses, patents, patent licenses, trademarks, trademark licenses, technology, know-how and processes, moral rights, rights of privacy, publicity under United States, multinational or foreign laws or otherwise and all rights to sue at law or in equity for any infringement or other impairment thereof, including the right to receive all proceeds and damages therefrom.

6.2 Content and Marks. The (i) content on the Site, including and without limitation, the text, information, documents, descriptions, products, software, graphics, Works (defined below), photos, sounds, videos and interactive features (collectively, "Materials"), (ii) User Submissions, as defined below (the Materials and User Submissions are collectively referred to herein as the "Content"), and (iii) the trademarks, and logos contained therein ("Marks"), are the property of WorkWall or its licensors and are protected by applicable copyright or other intellectual property laws and treaties.

6.3 Use of Content and Marks. The Content and Marks on the Site may not be copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes without WorkWall’s prior written consent. WorkWall’s logos are Marks of WorkWall LLC. All other trademarks, and logos used on the Site are the trademarks, or logos of their respective owners, licensors.

7. Third Party Sites. The Site includes links to third party websites not controlled by WorkWall (“Third Party Sites”), and therefore WorkWall (i) has no control or responsibility for Third Party Sites: content, privacy policies, terms of use, or other practices (ii) is released from any liability resulting from your Third Party Site use. WorkWall recommends users and visitors of Third Party Sites read their respective legal documents.

8. Artwork Submissions. The Site permits prospective artists to share artwork (“Works”) for licensing evaluation. The terms applicable to Works submissions are outlined in a separate agreement.

9. Disclosure. WorkWall reversers the right to access, read, preserve, disclose any user’s submissions on the Site as is necessary: to comply with applicable law, legal process, governmental request, enforcement of Site Terms, service user’s support requests.

10. Payments.

10.1 As a Site user you have the option to purchase merchandise through the Site (make a “Purchase”). The prices for any such features and Content are displayed on the Site.

10.2 Purchases are made through a third party payment service providers (a "Payment Processor"). By making a Purchase you agree: (i) that we may use the services of Payment Processors to process transactions on our behalf; (ii) to review and be bound by the applicable Payment Processor's terms of use and privacy policy; (iii) to provide only valid and current payment and personal information as part of the purchase process; and (iv) except as expressly set forth herein, that all purchases and subscriptions are final and non-refundable. WorkWall is not responsible or liable for any activities or conduct of a Payment Processor, and you agree to hold us harmless, and expressly release us, from any and all liability arising from the conduct of a Payment Processor.

10.3 Prices are stated in US Dollars. We may collect taxes on Purchases that you make, if required by law, and you hereby authorize us to do so.

10.4 Use of the Site requires an internet connection, any uncured charge for you to access the internet and hence the Site are solely your responsible.

11. Privacy. WorkWall uses personal information in accordance with our privacy policy. Available at www.aworkwall.com/privacy_policy.com. You agree we may do so.

12. Copyright and Content Policy. We will respond to clear notices of alleged copyright infringement, Digital Millennium Copyright Act, (the "DMCA") WorkWall has designated an agent to receive notifications of alleged copyright infringement.

13. Information Description. Content on the Site may, inadvertently, contain errors or be incorrect. WorkWall reserves the right to make changes to the Content without prior or post notice.

14. Warranty Disclaimers.

14.1 The Site and purchased Works are provided on an “as is” and “as available” basis without warranty. WorkWall does not warrant the Site will operate error free, and the site is free of malicious code and completely safe from security breaches. You agree WorkWall will not be held responsible for any consequences to you or third party resulting from technical problems.

14.2 As stated in WorkWall’s privacy policy, we do not make any warranties as to the security of any information you may provide, or activities you may engage while you use the Site.

14.3 You agree use of the Site is at your own risk as permitted by the maximum extent of the applicable law.

15. Limitation of Liability. WorkWall and it’s affiliates, officers, directors, employees, and licensors shall under no circumstances be liable for any loss of money, goodwill, reputation, punitive damages that arise under these Terms or that result from the use of, or the inability to use, the Site, or from your purchase of any products via the Site. You agree that WorkWall’s total aggregate liability to you, for all damages and losses under these terms, or in connection with your use of or inability to use the Site or your purchase of said products, shall not exceed the amount actually paid by you.

16. Indemnity. You agree to defend, indemnify and hold harmless WorkWall and our affiliates, officers, directors, employees, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses from: (i) your use of, or inability to use the Site; (ii) your violation of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) your submissions and interaction with a third party via the Site.

17. Terms and Termination. The Terms are effective until terminated by WorkWall. WorkWall reserves the right to (i) shutdown or make modifications to the Site (ii) these Terms, your use of the Site with or without cause, and shall not be held liable for any of the aforementioned. Your objection or dissatisfaction the site shall result in your immediately cessation of using or visiting the site. Though Section 6, Section 14, Section 15, Section 16, Section 18, and Section 19 will survive the termination of the Terms.

18. Assignment. You shall not transfer or assign any rights or Terms granted herein, but WorkWall may with restriction or notification.

19. General. These Terms are governed by and construed in accordance with the laws of the State of New York. Disputes arising out of the Terms or the use contemplated hereunder shall be resolved exclusively in the state and federal courts located in New York, New York, Borough of Manhattan. The parties hereby submit and consent to the personal jurisdiction of those courts, and irrevocably waive any and all rights to contest such venue and jurisdiction.


Last Modified: 11/22/2021

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