Welcome to WallPlace.com. This site is
provided by WallPlace.com INC. (referred to throughout this site as
"WALLPLACE.COM") as a service to our customers. Please review
the following basic rules that govern your use of the WALLPLACE.COM
site. (the "Agreement"). Please note that your use of the
WALLPLACE.COM site (the "Site") constitutes your unconditional
agreement to follow and be bound by these Terms of Use. Although you
may "bookmark" a particular portion of this Site and thereby
bypass this Agreement, your use of this Site still binds you to these
Terms of Use. WALLPLACE.COM reserves the right to update or modify
these Terms of Use at any time without prior notice to you. Your use
of the Site following any such change constitutes your unconditional
agreement to follow and be bound by these Terms of Use as changed.
For this reason, we encourage you to review these Terms of Use whenever
you use this Site.
By accepting these Terms of Use through
your use of the Site, you certify that you are 18 years of age or
older. If you are under the age of 18 but at least 13 years of age
you may use this Site only under the supervision of a parent or legal
guardian who agrees to be bound by these Terms of Use. WallPlace.com
does not intentionally collect personal information about children
under the age of 13. Children under the age of 13 may not use this
Site, and parents or legal guardians may not agree to these Terms
of Use on their behalf. If you are a parent or legal guardian agreeing
to these Terms of Use for the benefit of a child between the ages
of 13 and 18, be advised that you are fully responsible for his or
her use of this Site, including all financial charges and legal liability
that he or she may incur. If you do not agree to (or cannot comply
with) any of these terms and conditions, do not use this Site. All
billing and registration information provided must be truthful and
accurate. Providing any untruthful or inaccurate information may constitute
a breach of these Terms of Use. By confirming your purchase at the
end of the checkout process, you agree to accept and pay for the item(s)
requested.
All materials, including images, text, illustrations, designs, icons,
photographs, programs, video clips and written and other materials
that are part of this Site (collectively, the "Contents")
are intended solely for personal, non-commercial use. You may download
or copy the Contents and other downloadable materials displayed on
the Site for your personal use only. No right, title, or interest
in any downloaded materials or software is transferred to you as a
result of any such downloading or copying. You may not reproduce (except
as noted above), publish, transmit, distribute, display, modify, create
derivative works from, sell or participate in any sale of, or exploit
in any way, in whole or in part, any of the Contents, the Site, or
any related software. All software used on this Site is the property
of WALLPLACE.COM or its suppliers and protected by U.S. and international
copyright laws. The Contents and software on this Site may be used
only as a shopping resource. Any other use, including the reproduction,
modification, distribution, transmission, republication, display,
or performance, of the Contents on this Site is strictly prohibited.
Users are prohibited from violating or
attempting to violate the security of the Site, including, without
limitation, (a) accessing data not intended for such user or logging
onto a server or an account which the user is not authorized to access;
(b) attempting to probe, scan or test the vulnerability of a system
or network or to breach security or authentication measures without
proper authorization; (c) attempting to interfere with service to
any user, host or network, including, without limitation, via means
of submitting a virus to the Site, overloading, "flooding,"
"spamming," "mailbombing" or "crashing;"
(d) sending unsolicited e-mail, including promotions and/or advertising
of products or services; or (e) forging any TCP/IP packet header or
any part of the header information in any e-mail or newsgroup posting.
Violations of system or network security may result in civil or criminal
liability. WALLPLACE.COM will investigate occurrences that may involve
such violations and may involve, and cooperate with, law enforcement
authorities in prosecuting users who are involved in such violations.
You agree not to use any device, software, or routine to interfere
or attempt to interfere with the proper working of this Site or any
activity being conducted on this Site. You agree, further, not to
use or attempt to use any engine, software, tool, agent or other device
or mechanism (including, but not limited to, browsers, spiders, robots,
avatars or intelligent agents) to navigate or search this Site other
than the search engine and search agents available from WALLPLACE.COM
on this Site and other than generally available third-party web browsers
(e.g., Netscape Navigator, Microsoft Explorer).
Please note that there may be certain
orders that we are unable to accept and must cancel. We reserve the
right, at our sole discretion, to refuse or cancel any order for any
reason. For your convenience, you will not be charged until your payment
method is authorized, the order information is verified for accuracy,
and your order is shipped. Some situations that may result in your
order being canceled include limitations on quantities available for
purchase, stock availability, inaccuracies or errors in product or
pricing information, or problems identified by our credit and fraud
avoidance department. We may also require additional verifications
or information before accepting any order. We will contact you if
all or any portion of your order is canceled or if additional information
is required to accept your order. If your order is canceled after
your credit card has been charged, we will issue a credit to your
credit card in the amount of the charge.
While WALLPLACE.COM strives to provide
accurate product and pricing information, pricing or typographical
errors may occur. WALLPLACE.COM cannot confirm the price of an item
until after you order. In the event that an item is listed at an incorrect
price or with incorrect information due to an error in pricing or
product information, WALLPLACE.COM shall have the right, at our sole
discretion, to refuse or cancel any orders placed for that item. In
the event that an item is mispriced, WALLPLACE.COM may, at our discretion,
either contact you for instructions or cancel your order and notify
you of such cancellation. We strive to provide you with the lowest
prices possible on WALLPLACE.COM. Prices and availability are subject
to change without notice.
WALLPLACE.COM reserves the right, at
our sole discretion, to limit the quantity of items purchased per
person, per household, or per order. These restrictions may be applicable
to orders placed by the same WallPlace.com account, the same credit
card, and also to orders that use the same billing and/or shipping
address. We will provide notification to the customer should such
limits be applied. WALLPLACE.COM also reserves the right, at our sole
discretion, to prohibit sales to dealers. If you are interested in
purchasing multiple quantities of items for a corporation or institution,
please contact us by e-mail at admin@wallplace.com
Unless otherwise noted, all Contents
are copyrights, trademarks, trade dress and/or other intellectual
property owned, controlled or licensed by WALLPLACE.COM, one of its
affiliates or by third parties who have licensed their materials to
WALLPLACE.COM and are protected by U.S. and international copyright
laws. The compilation (meaning the collection, arrangement, and assembly)
of all Contents on this site is the exclusive property of WALLPLACE.COM
and is also protected by U.S. and international copyright laws. WALLPLACE.COM
and its suppliers and licensors expressly reserve all intellectual
property rights in all text, programs, products, processes, technology,
content, and other materials which appear on this Site. Access to
this Site does not confer and shall not be considered as conferring
upon anyone any license under any of WALLPLACE.COM's or any third
party's intellectual property rights.
The WALLPLACE.COM names,logos, and all related
product and service names, design marks and slogans are the trademarks
or service marks of WALLPLACE.COM. All other marks are the property
of their respective companies. No trademark or service mark license
is granted in connection with the materials contained on this Site.
Access to this Site does not authorize anyone to use any name, logo
or mark in any manner.
References on this Site to any names,
marks, products, or services of third parties, or hypertext links
to third party sites or information are provided solely as a convenience
to you and do not, in any way, constitute or imply WALLPLACE.COM's
endorsement, sponsorship, or recommendation of the third party,
information, product, or service. WALLPLACE.COM is not responsible
for the content of any third party sites and does not make any representations
regarding the content or accuracy of material on such sites. If
you decide to link to any such third-party web sites, you do so
entirely at your own risk.
All reviews, comments, feedback, postcards,
suggestions, ideas, and other submissions disclosed, submitted or
offered to WALLPLACE.COM on or by this Site or otherwise disclosed,
submitted or offered in connection with your use of this Site (collectively,
the "Comments") shall be and remain WALLPLACE.COM's property.
Such disclosure, submission, or offer of any Comments shall constitute
an assignment to WALLPLACE.COM of all worldwide rights, titles, and
interests in all copyrights and other intellectual properties in the
Comments.
Thus, WALLPLACE.COM will own exclusively all such rights, titles and
interests, and shall not be limited in any way in its use, commercial
or otherwise, of any Comments. WALLPLACE.COM will be entitled to use,
reproduce, disclose, modify, adapt, create derivative works from,
publish, display, and distribute any Comments you submit for any purpose
whatsoever, without restriction and without compensating you in any
way. WALLPLACE.COM is and shall be under no obligation (1) to maintain
any Comments in confidence; (2) to pay to user any compensation for
any Comments; or (3) to respond to any user Comments. You agree that
any Comments submitted by you to the Site will not violate this policy
or any right of any third party, including copyright, trademark, privacy
or other personal or proprietary right(s), and will not cause injury
to any person or entity. You further agree that no Comments submitted
by you to the Site will be or contain libelous or otherwise unlawful,
threatening, abusive, or obscene material, or contain software viruses,
political campaigning, commercial solicitation, chain letters, mass
mailings, or any form of "spam".
WALLPLACE.COM does not regularly review posted Comments, but does
reserve the right (but not the obligation) to monitor and edit or
remove any Comments submitted to the Site. You grant WALLPLACE.COM
the right to use the name that you submit in connection with any Comments.
You agree not to use a false e-mail address, impersonate any person
or entity, or otherwise mislead as to the origin of any Comments you
submit. You are and shall remain solely responsible for the content
of any Comments you make and you agree to indemnify WALPLACE.COM and
its affiliates for all claims resulting from any Comments you submit.
WALLPLACE.COM and its affiliates take no responsibility and assume
no liability for any Comments submitted by you or any third party.
We have made every effort to display the colors
of our products that appear on the Site as accurately as possible.
However, as the actual colors you see will depend on your monitor,
we cannot guarantee that your monitor's display of any color will
be accurate.
WALLPLACE.com attempts to describe the products
offered on the site as accurately as possible. However, WALLPLACE.com
does not warrant that product descriptions or other content of this
site are accurate, complete, reliable, current, or error-free. If
a product offered by WALLPLACE.com and purchased by you is not as
described, your sole remedy is to return it in unused condition for
a refund or credit.
You agree to defend, indemnify and hold harmless
WALLPLACE.COM and its affiliates from and against any and all claims,
damages, costs and expenses, including attorneys' fees, arising from,
or related to, your use of the Site.
These Terms of Use are effective unless and
until terminated by either you or WALLPLACE.COM. You may terminate
this Agreement at any time, provided that you discontinue any further
use of this Site. WALLPLACE.COM also may terminate this Agreement
at any time and may do so immediately without notice, and accordingly
deny you access to the Site, if in WALLPLACE.COM's sole discretion
you fail to comply with any term or provision of this Agreement. Upon
any termination of the Agreement by either you or WALLPLACE.COM, you
must promptly destroy all materials downloaded or otherwise obtained
from this Site, as well as all copies of such materials, whether made
under the Terms of Use or otherwise. WALLPLACE.COM's right to any
Comments shall survive any termination of this Agreement.
THIS SITE IS PROVIDED BY WALLPLACECOM
ON AN "AS IS" AND "AS AVAILABLE" BASIS. WALLPLACE.COM
MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED,
AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS,
OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE
BY APPLICABLE LAW, WALLPLACE.COM DISCLAIMS ALL WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING,
WALLPLACE.COM DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED,
FOR ANY MERCHANDISE OFFERED ON THIS SITE. YOU ACKNOWLEDGE, BY YOUR
USE OF THE WALLPLACE.COM WEB SITE, THAT YOUR USE OF THE SITE IS AT
YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY
OFFERED BY THE MANUFACTURER OF THE ITEM. THIS DISCLAIMER CONSTITUTES
AN ESSENTIAL PART OF THIS AGREEMENT. SOME STATES DO NOT ALLOW LIMITATIONS
ON HOW LONG AN IMPLIED WARRANTY LASTS. SO THE FOREGOING LIMITATIONS
MAY NOT APPLY TO YOU.
WALLPLACE.COM AND ITS AFFILIATES DO NOT SPONSOR, RECOMMEND, OR ENDORSE
ANY THIRD PARTY, PRODUCT, SERVICE, OR INFORMATION PROVIDED ON THIS
SITE. THE INFORMATION AND SERVICES ARE PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS
OR IMPLIED. YOU ACKNOWLEDGE BY YOUR USE OF THIS SITE THAT WALLPLACE.COM
AND ITS AFFILIATES AND AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE,
DAMAGE OR LOSS RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION
YOU TAKE BASED ON THE INFORMATION, SERVICES, OR OTHER MATERIAL ON
THIS SITE. YOUR USE OF THIS SITE IS SUBJECT TO THE ADDITIONAL DISCLAIMERS
AND CAVEATS THAT MAY APPEAR THROUGHOUT THE SITE.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR
EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY, OR
OTHERWISE, SHALL WALLPLACE.COM OR ANY OF ITS AFFILIATES, EMPLOYEES,
DIRECTORS, OFFICERS, AGENTS, VENDORS, OR SUPPLIERS BE LIABLE TO YOU
OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH
THE USE OF OR INABILITY TO USE THE WALLPLACE.COM WEB SITE, INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS
OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR
MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF WALLPLACE.COM
HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH
DAMAGES. IN NO EVENT WILL WALPLACE.COM BE LIABLE FOR ANY DAMAGES IN
EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE
SITE DURING THE SIX-MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM
AROSE.
This Agreement represents the complete
agreement between the parties, and supersedes all prior agreements
and representations between them. Headings used in these Terms of
Use are for reference purposes only, and in no way define or limit
the scope of the section. If any provision of this Agreement is held
to be unenforceable for any reason, such provision shall be reformed
only to the extent necessary to make it enforceable and the other
terms of this Agreement shall remain in full force and effect. The
failure of WALLPLACE.COM to act with respect to a breach of this Agreement
by you or others does not constitute a waiver and shall not limit
WALLPLACE's rights with respect to such breach or any subsequent breaches.
This Agreement shall be governed by and construed under applicable
state law without regard to conflicts of law provisions. Any action
or proceeding arising out of or related to this Agreement or your
use of this Site must be brought in the state or federal courts of
applicable state, and you shall consent to the exclusive personal
jurisdiction of such courts.
Procedure for Making and Responding to
Claims of Copyright Infringement:
It is the policy of WALLPLACE.COM to respond to claims of copyright
infringement. We will promptly process and investigate notices of
alleged infringement by third parties and will take appropriate actions
under the Digital Millennium Copyright Act, Title 17, United States
Code, Section 512(c)(2) ("DMCA"), where applicable.
Pursuant to the DMCA, notifications of claimed
copyright infringement by third parties should be sent to WALLPLACE.COM's
Designated Agent. If you believe that your copyrighted work has
been infringed under U.S. copyright law and is accessible on this
web site, please notify us by contacting our Designated Agent. Even
if you believe that the alleged infringing work was not posted by
a third party, please send all notifications of claimed copyright
infringement to WALLPLACE.COM's Designated Agent listed below.
To be effective under the DMCA, notification
of claims of copyright infringement by third parties must be a written
communication to WALLPLACE.COM's Designated Agent that includes
the following:
A physical or electronic signature of a person
authorized to act on behalf of the owner of an exclusive right that
is allegedly infringed; identification of the copyrighted work claimed
to have been infringed, or, if multiple copyrighted works at a single
online site are covered by a single notification, a representative
list of such works at that site; identification of the material
that is claimed to be infringing or to be the subject of infringing
activity and that is to be removed or access to which is to be disabled,
and information reasonably sufficient to permit WALLPLACE.COM to
locate the material; information reasonably sufficient to permit
WALLPLACE.com to contact the complaining party, such as an address,
telephone number, and, if available, an electronic mail address
at which the complaining party may be contacted; a statement that
the complaining party has 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 a statement that the information in the
notification is accurate and, under penalty of perjury, that the
complaining party is authorized to act on behalf of the owner of
an exclusive right that is allegedly infringed.
WALLPLACE.COM's Designated Agent for notice of claims of copyright
infringement can be reached as follows:
This contact information is only for reporting
claims of copyright infringement. Contact information for other
matters is provided elsewhere on this site.
Upon receipt of a valid notification of alleged
copyright infringement by a third party, WALLPLACE.COM shall remove
or disable access to the material identified in the notice, forward
the written notification to the alleged infringer, and take reasonable
efforts to notify the alleged infringer that it has removed or disabled
access to this material.
You should be aware that, under the DMCA,
claimants who make misrepresentations concerning copyright infringement
may be liable for, or shall be liable for any damages, including
costs and attorneys' fees, incurred by the alleged infringer or
by WALLPLACE.COM, if injured by relying upon such misrepresentation
in removing or disabling access to the material or activity claimed
to be infringing.
If a notice of copyright infringement has
been filed against you, you may file a counter notification with
the Designated Agent at the address listed above.
To be effective, a counter notification must
be a written communication provided to the WALLPLACE.COM'S Designated
Agent that includes the following:
A physical or electronic signature; identification
of the material that has been removed or to which access has been
disabled and the location at which the material appeared before
it was removed or access to it was disabled; a statement under penalty
of perjury that you have a good faith belief that the material was
removed or disabled as a result of mistake or misidentification
of the material to be removed or disabled; and your name, address,
and telephone number, and a statement that you consent to the jurisdiction
of Federal District Court for the judicial district in which the
address is located and that you will accept service of process from
the complainant who provided the original notification or an agent
of such person or entity.
If WALLPLACE.COM receives a valid counter notification, it shall
provide the complainant with a copy of the counter notification,
inform the complainant that it will replace the removed material
or cease disabling access to it in 10 to 14 days from receipt of
the counter notification, and replace the removed material or cease
disabling access to it in 10 to 14 business days, provided that
WALLPLACE.com has not received notice from the complainant that
an action has been filed seeking a court order to restrain the alleged
infringer from engaging in infringing activity relating to the material
on WALLPLACE.COM'S system.
You should be aware that the DMCA provides
substantial penalties for a false counter notice filed in response
to a notice of copyright infringement. Claimants who make misrepresentations
in their the counter notification statement may be liable, or shall
be liable, for any damages, including costs and attorneys' fees,
incurred by any copyright owner or copyright owner's authorized
licensee, or by WALLPLACE.com, if injured by relying upon such misrepresentation
in replacing the removed material or ceasing to disable access to
it.
Shipping
& Returns
