Terms of Service Agreement Effective July 7, 2009

Using this website binds you to these terms.

Welcome to the collagewall.com where you can design, order, and install a photo wall for your home or business. By using our website, you acknowledge that you’ve read, understand and agree to be bound by these Terms of Service. If you don’t agree, then please don’t use our site. Your use of the our website is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.

These terms may change.

From time to time, we may modify these Terms of Service and our Privacy Policy. Your subsequent use of our site after such modifications will bind you, as well. For that reason, you may want to review them periodically. This Agreement shall remain in force while you use the our website.

Be truthful, lawful, and at least 13 years old.

As a user of the our website, you warrant that (1) the information you provide to us is truthful, (2) that you will maintain the accuracy of that information, (3) that you will not violate any applicable law or regulation while using the our website, (4) you are 13 years of age or older. By way of example, illegal or unauthorized use of the our website may include collecting collagewall.com usernames or email addresses for the purpose of sending unsolicited email or unauthorized framing of or linking to the website. Examples of other prohibited activities include commercial advertisements, affiliate links, and other forms of solicitation.

Only post and print content you have rights to.

Our website permits you to post images and text (“User Content”) at collagewall.com then print them as pictures. You warrant that you either own the User Content or have the right to grant the license, below. You also warrant that the User Content shall not violate the rights of any person, including without limitation, privacy, publicity or intellectual property rights. In the event that money is owed as result of your posting of User Content—for example, royalties, licensing fees, legal damages—you agree to pay such amounts.

You still own content you post. We can just display it on the website.

You retain all ownership rights in the User Content (meaning we cannot sell your User Content and cannot display or distribute it outside the our website). By posting the User Content on collagewall.com, you grant to us a limited non-exclusive license to use, modify, publicly display, reproduce, and distribute such User Content solely on and through the our website.

This non-exclusive license (1) provides us the right to format User Content to satisfy technical requirements, (2) permits Collagewall to display the User Content without any payments to you or to any third party, and (3) allows Collagewall to enable sublicensees and subcontractors (such as Internet content delivery networks) to provide and display the our website. This license terminates when you remove your User Content from the our website.

We can remove your content and account if necessary.

If the posting of any User Content at collagewall.com (1) violates these Terms of Service, or (2) is determined, within our sole discretion, to be offensive, illegal or violates the rights, or threatens the safety of any person, then we may remove that User Content and, if it chooses, terminate any user’s rights of access or membership to the our website.

Without limiting what Collagewall defines as illegal, offensive, or in violation of the Terms of Service, we prohibit any activity by users or User Content that (1) advocates or promotes hatred, harm or violence, against individuals or groups, (2) exploits individuals in a sexual or violent manner, (3) harasses or invades the privacy of individuals, (4) violates the intellectual property rights of any person or group, (5) promotes or endorses fraudulent or illegal activity, or (6) encourages, comprises, or results in unsolicited commercial activity or advertising.

If we determine, in our sole discretion, that you pose a threat to collagewall.com or its users, or that you have violated any of these Terms of Service, we reserve the right to remove any materials posted by you, as well as your profile or to restrict, suspend, or terminate your access to any part of the our website. We also reserve the right, in our sole discretion, to refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the our website at any time, for any reason, with or without prior notice, and without liability.

Keep passwords private. Let us know if your account has been compromised.

It’s your responsibility to maintain the confidentiality of your password and you agree not to use the account, username, or password of another collagewall.com user or to disclose that information to any third party. You also agree to notify us immediately if you suspect any unauthorized use of your account or access to your password.

We have some disclaimers.

  1. We claim no responsibility for the behavior (online or offline) of any user of the our website.
  2. We assume no responsibility for any errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communications line failures, thefts or destruction or unauthorized access to, or alteration of, any user communications.
  3. Our website are provided "AS IS" and as available and collagewall.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement.
  4. We cannot guarantee and doe not promise any specific results from use of the our website.
  5. We are not responsible for incorrect or inaccurate User Content posted on the our website whether caused by users or by equipment or programming associated with the our website.

There are limits to our liability.

In no event shall Collagewall be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from your use of the services, even if we have been advised of the possibility of such damages. notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us for the our website during the term of membership.

You are responsible for any damage to us caused by your misuse of our website.

You agree to indemnify and hold Collagewall, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of User Content or your use of the our website in violation of these Terms of Service.

We would use arbitration to resolve any disputes.

If there is any dispute about or involving the our website, or arising under or related to these Terms of Service, you agree that the dispute shall be governed by the laws of the State of California, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the State of California. You agree to submit such dispute to arbitration in County of San Francisco, State of California conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association.

Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses and reasonable attorney's fees. Any such arbitration shall be conducted by an arbitrator experienced in Internet law and shall include a written record of the arbitration hearing.

The parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity. An award of arbitration may be confirmed in a court of competent jurisdiction, provided that the foregoing shall not prevent us from seeking injunctive relief in a court of competent jurisdiction.

And other miscellaneous things...

  1. These Terms of Service are accepted upon your use of the Collagewall website.
  2. This Agreement constitutes the entire agreement between you and Collagewall regarding the use of the our website.
  3. The failure of Collagewall to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.
  4. This Agreement operates to the fullest extent permissible by law.
  5. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

Any questions or concerns?

Please email us at support@collagewall.com. After reading all that fine print, you certainly deserve our attention. :-)