Terms and Conditions
Welcome to 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.
By 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 [email protected]. If you do not agree with the T&C, do not proceed to access the Site or use the services offered.
A credit card is required for Delivery of Wall Peppers and other products. 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 United States.
I. Conduct We are committed to ensuring that Wall Pepper remains a fun and safe place to upload and print digitized images and other content. To this end, we require that every user of the site and/or its services refrain from uploading, posting, storing, sharing or otherwise using the Site to process "Prohibited Content." Generally, Prohibited Content includes (without limitation) any of the following:
a. Content we believe is abusive, deceptive (including content sent from an anonymous or false address), pornographic, obscene, defamatory, slanderous, offensive, or otherwise inappropriate.
b. Copyrighted material that is used without the express permission of the owner.
c. Content that violates or encroaches on the rights of others, such as privacy rights, publicity or copyrights.
d. Content 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.
e. Content that advocates illegal activity, or the primary purpose of which appears to be obtaining personal information from others ("phishing").
f. Content that harms minors in any way.
g. Any links to the above.
Wall 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 authorities).
Notwithstanding 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.
II. No Resale of Service You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Site and the services offered for any commercial purposes.
III. Third Party Software As a convenience to customers, we may make third-party software available through the Site. To use the third-party software, you must agree to the terms and conditions imposed by the third party provider and the agreement to use such software will be solely between you and the third party provider.
By 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 or elsewhere.
What You License to Wall Pepper LLC
In order 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.
Copyright Protection for Content on the Site
All 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.
If you 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].
YOU AGREE 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.
VI. Limited Warranty
(A) 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.
(B) 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.
ANY 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.
VII. LIMITATION OF LIABILITY
YOU 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 SERVICES OFFERED.
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.
You agree 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:
a. Conduct violating these T&L or other policies or guidelines set forth by Wall Pepper LLC elsewhere on the Site;
b. Conduct 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 providers; and
c. Conduct that violates the spirit of these Terms.
Further, 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.
IX. Choice of Law
The state 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.
X. Modification of Terms
You agree 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.
XI. Entire Agreement
These 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 software.
The 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.
You agree 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.
XII. Reporting Violations
You can report abuse of these Terms by contacting [email protected]