Terms and Conditions
Wall Pepper LLC, where you may upload your photographs (or select photographs
provided to the site by others) and order Wall Peppers, the unique removable
wall décor solution, as well as purchase other merchandise. These Terms and
Conditions (the “T&C”), (including additional terms and conditions
included on specific pages of the site and incorporated by reference to these
T&C) as modified from time to time, apply to your use of this website. You
can always find the most recent version of the T&C here. If there are any
inconsistencies with any other materials, these T&C will apply. You
should periodically check this page to make sure you are up-to-date. Before
you enter the Site or use any of the services offered, it is important that
you carefully review these T&C.
entering and using the Site, you agree to the T&C and that you are bound
by and subject to them. They are a binding legal agreement between you and Wall
Pepper LLC in which you promise that you will use the Site only in a manner
that is consistent with the T&C. If you have questions about the T&C,
please contact us at . If you do not
agree with the T&C, do not proceed to access the Site or use the services
We ask you to provide a valid credit card number
(including expiration date and billing information). We will only charge your
card if you order Wall Peppers or merchandise from the Site. Please note that
your credit card is charged when your order is placed. Delivery of Wall
Peppers and other merchandise and services are available only in the continental
we believe is abusive, deceptive (including content sent from an anonymous or
false address), pornographic, obscene, defamatory, slanderous, offensive, or
Copyrighted material that is used without the express permission of the
that violates or encroaches on the rights of others, such as privacy rights,
publicity or copyrights.
or other material that contains viruses, worms, corrupt files, Trojan horses
and other forms of corruptive code or any other content, which may compromise
the Wall Pepper LLC Site.
that advocates illegal activity, or the primary purpose of which appears to
be obtaining personal information from others ("phishing").
that harms minors in any way.
links to the above.
Pepper LLC has the sole discretion to determine whether content is Prohibited
Content, and any content submitted to Wall Pepper LLC may be examined at any
time. You acknowledge that although Wall Pepper LLC does not and will not
examine and review all content submitted or transmitted to the Services, Wall
Pepper LLC has the absolute right (but not the obligation) to review, delete,
move, and edit materials for any reason, at any time, without notice. In the
event of a dispute pertaining to any content, Wall Pepper LLC may disclose content
to parties to the dispute (including their agents and governmental
the above, when you access the Site and/or use any of the services offered,
you acknowledge and agree that all content (whether private or public) that is
posted and stored on the Site is the sole responsibility of the person who
submitted it. In other words, you are responsible for any content that you
submit. Moreover, you understand that by viewing the Site, you may be exposed
to content that you consider offensive and you take sole responsibility for
such exposure. Finally, you acknowledge that Wall Pepper LLC in no way
guarantees the accuracy, quality or appropriateness of content available on
the Site. In no event shall Wall Pepper LLC (including its officers,
directors, employees, affiliates, suppliers and agents) be liable for claims
of any nature, whether direct or indirect, arising from or related to any
content made available on or through the Site or any of the services offered,
including (without limitation) errors or omissions in such content, and loss
or damages incurred as a result of use of such content.
downloading third party software, you acknowledge and agree that Wall Pepper
LLC does not guarantee that any software downloaded will be free of viruses,
worms, or Trojan horses or other forms of corruptive code, even if the
software is provided by a Wall Pepper LLC supplier. Wall Pepper LLC makes no
representations or warranties concerning the performance, effectiveness or
any other aspect of any third-party software downloaded. In no event shall Wall
Pepper LLC (including its officers, directors, employees, affiliates and
agents) be liable for claims of any nature, whether direct or indirect,
arising from or related to any third-party software downloaded through the Site
for us to make your Wall Peppers and other products available to you and others,
we need the rights to make use of all content on the Site (in accordance with
and subject to these T&C). Accordingly, as a condition of access to the
Site, you hereby grant Wall Pepper LLC a perpetual, universal, nonexclusive
right to copy, display, modify, transmit, make derivative works of and
distribute any content transmitted or provided to the Site by you, for the
purpose of providing the services. You remain the owner of all content that
you submit to the Site, and you represent and warrant to Wall Pepper LLC that
you are the owner of the copyright to content you submit to the Site or that
you have written permission from the copyright owner to submit such content.
information, images, content, software and materials offered on or posted to Wall
Pepper LLC are protected by U.S. and international copyright laws and by
other laws. Wall Pepper LLC is unable to provide you with permission to copy,
display or distribute material for which you do not own the copyright, and we
do not provide others with rights to your content (unless you give us
permission to do so). You may not copy or distribute material unless you are
the copyright owner or have permission from the copyright owner, and you are
solely responsible for any copyright violations you commit as a result of
your activities, even if the violation is unintentional. Wall Pepper LLC has
the absolute right to exclude you from the Site if you use our services to
violate the intellectual property rights of third parties.
believe that your work or the work of another has been copied in a way that
constitutes copyright infringement, Wall Pepper LLC has a process in place to
respond to your concerns. Please contact us at [email protected].
TO INDEMNIFY, DEFEND AND HOLD HARMLESS WALL PEPPER LLC (INCLUDING ITS
OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS AND ANY
THIRD-PARTY INFORMATION PROVIDERS TO THE SITEAND/OR TO RELATED SERVICES) FROM
AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE
ATTORNEYS' FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OR ANY ACTIVITY
RELATED TO YOUR ACCOUNT (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR
ANY OTHER PERSON ACCESSING THE SERVICES USING YOUR ACCOUNT.
Exclusive Remedy. ANY PRODUCT AND SERVICE AVAILABLE THROUGH THE SITE IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR USE
OF THE SITE AND RELATED SERVICES IS AT YOUR OWN RISK. WALL PEPPER LLC
WARRANTS ONLY THAT IN THE EVENT THAT YOUR WALL PEPPERS ARE DAMAGED, OR ARE OF
UNACCEPTABLE QUANTITY OR QUALITY, WALL PEPPER LLC’S SOLE OBLIGATION, AND YOUR
SOLE AND EXCLUSIVE REMEDY, SHALL BE FOR WALL PEPPER LLC TO EITHER (I) REFUND
THE FULL AMOUNT OF THE PURCHASE PRICE OF SUCH WALL PEPPERS, OR (II) REPRINT
THE WALL PEPPERS AT NO EXTRA COST.
Disclaimer. EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, TO THE EXTENT
PERMITTED UNDER APPLICABLE LAW, WALL PEPPER LLC ON BEHALF OF ITSELF AND ITS
SUPPLIERS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WALL
PEPPER LLC MAKES NO WARRANTY THAT (I) THE SITE AND/OR RELATED SERVICES WILL
BE PROVIDED IN A MANNER THAT IS UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE,
(II) THE SITE OR SERVER ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS, OR (III) THE SERVICES, SITE OR CONTENT PROVIDED WILL MEET YOUR
REQUIREMENTS. WALL PEPPER LLC MAKES NO WARRANTIES OF ANY KIND WITH RESPECT TO
SOFTWARE, GOODS, SERVICES, PROMOTIONS, OR THE DELIVERY OF ANY SOFTWARE, GOODS
OR SERVICES THAT ARE PURCHASED, ACCESSED OR OBTAINED THROUGH WALL PEPPER
LLC’S SITE OR THAT ARE ADVERTISED ON THE WALL PEPPER LLC SITE.
MATERIAL UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE
SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM THE UPLOAD OR DOWNLOAD OF ANY SUCH MATERIAL.
EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED UNDER
LAW, NEITHER WALL PEPPER LLC NOR ITS SUPPLIERS WILL HAVE NO OBLIGATION OR
LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT (INCLUDING
NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE) FOR ANY INCIDENTAL, INDIRECT OR
CONSEQUENTIAL DAMAGES OR LIABILITIES (INCLUDING, BUT NOT LIMITED TO, ANY LOSS
OF DATA, REVENUE OR PROFIT) ARISING WITH RESPECT TO YOUR USE OF THE SITE OR
THE SERVICE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. THIS FOREGOING LIMITATION APPLIES TO DAMAGES ARISING FROM (i) USE OR
INABILITY TO USE THE SITE AND/OR ITS SERVICES; (ii) COST OF PROCUREMENT OF
SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS OR SERVICES PURCHASED
THROUGH OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS BY THIRD PARTIES; (iv) THIRD PARTY CONTENT MADE AVAILABLE TO
YOU THROUGH THE SITE OR (v) ANY OTHER MATTER RELATING TO THE SITE AND/OR THE
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.
and acknowledge that Wall Pepper LLC, in its sole discretion, may terminate
your use of the Site and related services, and remove and discard any content
including, but not limited to, any and all information, communications,
postings, albums, image files or any other content within the Site, at any
time, without notice, for any reason, including but not limited to:
violating these T&L or other policies or guidelines set forth by Wall
Pepper LLC elsewhere on the Site;
that Wall Pepper LLC believes is harmful to other Wall Pepper LLC users, Wall
Pepper LLC, the business of Wall Pepper LLC, or other third party information
that violates the spirit of these Terms.
you agree that Wall Pepper LLC shall not be liable to you or any third-party
for any termination of your access to the Site and related services. We urge
you to make personal copies of all content you download to the Site.
and federal courts of Wisconsin shall be the exclusive forum and venue to
resolve any and all disputes arising out of or relating to these T&L. You
consent to personal jurisdiction and venue by the state and federal courts of
the State of Wisconsin.
that Wall Pepper LLC reserves the right to amend the Terms at any time, for
any reason, and without notice, including the right to terminate the Site or
any part of the services offered.
Terms constitute the entire agreement between you and Wall Pepper LLC and
govern your use of the Site and/or related services offered, superseding any
prior agreements between you and Wall Pepper LLC. In the case of
inconsistencies between these Terms and information included in off-line
materials, (e.g., 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 affiliate services, third-party content or third-party
failure of Wall Pepper LLC to exercise or enforce any right or provision of
the Terms shall not constitute a waiver of such right or provision. If any
provision of the Terms 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 the Terms remain in full force and effect.
that regardless of any statute or law to the contrary, any claim or cause of
action arising out of or related to use of the Site and/or related services
or the Terms must be filed within one (1) year after such claim or cause of
action arose or be forever barred.
report abuse of these Terms by contacting [email protected].