This Terms of Use Agreement (the “Agreement”) sets forth the standards of use of the website at www.wellandwondercollective.com (the “Site”) operated by Well & Wonder, LLC (“Well & Wonder”). By using the Site, you agree to these terms and conditions. If you do not agree to the terms and conditions of this Agreement, you should immediately cease all usage of the Site. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this Agreement without prior notice. Modifications shall become effective immediately upon being posted at the Site. Your continued use of the Site after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended. We have other policies, guidelines, FAQs and requirements that we post elsewhere on the Site from time to time. We expect that you will, and you agree to, abide by any other requirements posted on the Site. All of those policies, guidelines, FAQs and other requirements are incorporated into this Agreement.
DESCRIPTION OF SERVICE
Well & Wonder is providing you with access to buy and sell artwork. You must provide (1) all equipment necessary for your own Internet connection, (2) provide for your access to the Internet, and (3) pay any fees related to such connection. You must be 18 years old or older to use the Site or have a legal guardian agree that you can use the Site. We also allow businesses to use and make purchases. If you are using the Site on behalf of a business, then you must have authority, and your use of the Site is a warranty that you have the authority, to bind that business to this Agreement. You will be responsible for all activity that occurs under your username and password. We therefore recommend that you keep your password secure and do not allow others to use your username. The only way that we have to verify your identity is through your username and password, so keep them to yourself.
DISCLAIMER OF WARRANTIES
The Site is provided by Well & Wonder on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Well & Wonder makes no representations or warranties of any kind, express or implied, regarding the use or the results of the Site in terms of its correctness, accuracy, reliability, or otherwise. Well & Wonder shall have no liability for any interruptions in the use of the Site. Well & Wonder disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties; therefore, the above-referenced exclusion may be inapplicable.
LIMITATION OF LIABILITY
WELL & WONDER SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR WE SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THE SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF WELL & WONDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; THEREFORE SOME OF THE ABOVE LIMITATIONS MAY BE INAPPLICABLE.
INDEMNIFICATION
You agree to indemnify and hold Well & Wonder, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including attorneys’ fees and costs, made by any third party due to or arising out of your use of the Site, the violation of this Agreement, or violation of any law by you.
MODIFICATIONS AND INTERRUPTION TO SITE
Well & Wonder reserves the right to modify or discontinue the Site with or without notice to you. Well & Wonder shall not be liable to you or any third party should Well & Wonder exercise its right to modify or discontinue the Site. You acknowledge and accept that Well & Wonder does not guarantee continuous, uninterrupted or secure access to the Site, and operation of the Site may be interfered with or adversely affected by numerous factors or circumstances outside of Well & Wonder’s control.
INFORMATION FOR CUSTOMERS
Unless otherwise stated, all prices on the Site are in U.S. Dollars. Purchasers of items from the Site (“Customers”) are responsible for paying all fees and applicable taxes in a timely manner with a valid payment method. If a Customer’s payment method fails, Well & Wonder may collect fees owed using other collection mechanisms.
COMPLIANCE WITH LAWS
You may not use the Site in any way that violates applicable state, federal, or international laws, regulations or other government requirements. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
COPYRIGHT AND TRADEMARK
By submitting to Well & Wonder any images of artwork for sale on the Site (“Images”), you warrant and represent that you own all rights, including but not limited to all copyright rights, in and to the Images. To the extent that you do not own all rights in and to the Images or that Well & Wonder’s use of any of the Images as permitted under this Agreement infringes or otherwise violates the rights of any third party, you agree to indemnify and hold Well & Wonder harmless from any claims or demands, including attorneys’ fees and costs, incurred by Well & Wonder with respect thereto. All Images on the Site are either owned or licensed by Well & Wonder and may not be reproduced or used in any manner without the express written permission of Well & Wonder and, if appropriate, the relevant artist. All physical artwork is owned solely by the individual artists represented here and are subject to U.S. and International copyright laws. Well & Wonder and the Well & Wonder logo are trademarks owned by Well & Wonder and may not be used without prior written permission of Well & Wonder.
Reporting Claims of Copyright Infringement
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access to them) from the Site by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
Our designated copyright agent to receive DMCA Notices is:
|
|
Mollie M. Creason |
If you fail to comply with all of the requirements of Section 512(c) (3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
If you believe that material you posted on the Site was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a “Counter Notice”) by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter Notice must include substantially the following:
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter Notice.
Please be aware that if you knowingly materially misrepresent that material or activity on the Site was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
Repeat Infringers
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
OTHER TERMS
If any provision of this Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Agreement and any other agreements referenced herein may be assigned by Well & Wonder in its sole discretion, to a third party in the event of a merger or acquisition. This Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation in the Site. You agree that by accepting this Agreement, you are consenting to the use and disclosure of your personally identifiable information and other practices described in the Well & Wonder Privacy Policy.
MISCELLANEOUS
We support the practice of re-posting to the web and think that it benefits Well & Wonder’s artists. As long as you include a link back to Well & Wonder and the page on which that image or content appears we are fine with your re-posting of content, thumbnails, and links to Well & Wonder, etc., in your blogs, social-network postings, and listings.