Welcome to the user agreement (the "Agreement" or "User Agreement") for Wallexpo. This Agreement describes the terms and conditions applicable to your use of our services available under the domain and sub-domains of www.Wallexpo.com (the "Site"). If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our services.
We may amend this Agreement at any time by posting the amended terms on the Site. Except as stated below, all amended terms shall be effective immediately, and the most current version of the Agreement will supersede all previous versions. This Agreement is effective upon acceptance in registration for new registering users, and is otherwise effective on January 12th, 2014 for all users.
How Wallexpo Works
Wallexpo provides an printwork rental service for printwork. Customers can rent prints of printwork in their homes or business. Home-based memberships earn print credits that can be applied towards a purchase of printwork listed on Wallexpo.com.
A Collection is a group of your favorite printwork listed on Wallexpo.com. You may create a Collection of printwork for free, and may add printworks to your Collection by clicking the "add to collection" button/link next to the printwork wherever it appears throughout the site. You may add to, edit, or review your Collection at any time by clicking the "My Collection" link at the top of every page.
Our Rental Program
We provide a number of different membership plans to accommodate a variety of preferences. To view your current plan and other details on the various plans we offer, click on the "Profile" link at the top of each page on the Wallexpo website.
Each active Wallexpo membership plan allows for you to rent one print from your Collection in your home or business. Each membership plan entitles you to have up to two prints in your possession at any time. In-home memberships may request new prints at any time. You are required to return the prints in your possession immediately upon receipt of your newly requested printwork.
Our agreements with printists provide us the right to produce a limited number of prints of each printwork. Therefore, when determining which prints to send you, we will consider the following factors: (1) the printworks which you have selected, and (2) the availability of each print. We will always endeavor to ship you the printworks you have selected; however when availability is limited, we may ship you other printworks in your Collection.
At any time, you may choose to buy the frame and/or print prints in your home directly from Wallexpo.com. The purchase of a Wallexpo print DOES NOT transfer legal ownership of printwork from the printist to the consumer. All rights of ownership remain exclusively with the printist. In the event of a purchase, consumers are responsible for the payment of all appropriate taxes and any other applicable fees.
In the event that a print is lost while in your possession, you may be charged for the cost of the print. At our sole and absolute discretion, we may replace a lost print free of charge. However, in the rare event that the number of lost or damaged prints on your account becomes excessive, as we may determine in our sole and absolute discretion, we may place your account on hold and may charge your Payment Method for the estimated cost of the lost print(s). You hereby authorize us to charge your Payment Method for any lost print(s). We will alert you of any potential charges for lost print(s) prior to charging your Payment Method.
You may cancel your membership at anytime, and cancellation will be effective immediately. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PprintIAL-MONTH PERIODS.
Upon initiating cancellation, your membership will be placed on hold and you will have fourteen days to return the frame and all prints in your possession. You should use the original packaging in your possession to return your printwork, and we will provide a return shipping label. If we do not receive your frame and printwork within fourteen days following your cancellation, we reserve the right to charge you for unreturned prints and frames. Failure to return any outstanding print(s) will result in your Payment Method being billed for such items. We will send you a notification email concerning unreturned print(s) prior to charging your Payment Method.
We reserve the right to terminate your account for any or no reason.
Delivery Methods and Timing
We will ship your first framed print via FedEx Ground. We have determined that most framed prints are received within 7 business days following shipment from our distribution center. At present, we will send you an email letting you know when your frame has shipped, and we will also send you an email letting you know when your frame has arrived.
Wallexpo sends and receives all unframed print prints via First Class mail through the US Postal Service. We have determined that most of our members are able to receive in-stock prints within 7 business days following shipment from our central distribution center, although the delivery times you encounter may vary.
Purchasing Original printwork
As it relates to the purchase of original printwork, Wallexpo acts as a venue to allow consumers to buy original printwork direct from printists for a fixed-price. Wallexpo is not directly involved in the transaction between consumers and printists. As a result, Wallexpo has no control over the quality, safety, morality or legality of any aspect of the printwork, the truth or accuracy of the listings, the ability of printists to sell items or the ability of consumers to pay for items. Wallexpo cannot ensure that a consumer or printist will actually complete a transaction for the purchase of original printwork.
Consequently, Wallexpo does not transfer legal ownership of printwork from the printist to the consumer.
Consumers and printists are jointly responsible for the payment of all appropriate taxes, shipping and insurance costs and any other applicable fees. Returns of original printwork are handled directly between the consumer and the printist.
In the event that you have a dispute with an printist or customer, you release Wallexpo (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
The printCredit Program
The print credits program is a customer rewards program offered by Wallexpo. The following terms and conditions (hereinafter "Program Rules" or "Rules") apply to print credits. By gaining access to, using this site, or signing up for a Wallexpo in-home trial you agree to be bound by these Program Rules. Wallexpo reserves the right to revise or change these Program Rules at any time and without notice to you by posting updated text on this site. You are responsible for periodically visiting this site to view any changes. If we update our Program Rules, any changes will apply to all Wallexpo customers, even if you enroll before Wallexpo posts updated text. In these Rules, the terms "you, your, and yours" refer to the Wallexpo customer, the terms "we and us" refer to Wallexpo, and the term "Account" refers to your Wallexpo membership account.
print credits are a paperless, electronic customer loyalty program. Registration into the program is automatic for in-home memberships when you sign-up, and make your first successful payment for a Wallexpo membership.
Each customer shall be responsible for remaining knowledgeable about their Account information, accumulated print credits, redeemed print credits, print credits expiration and the Program Rules. Account information can be found by clicking the "Profile" link at the top of each page on the Wallexpo website.
Accumulation/Earning print credits
Customers earn print credits through dollars spent during a Wallexpo in-home membership. Each single, whole dollar spent on a Wallexpo membership earns a single, whole printCredit. print credits are earned and spent in whole increments.
Wallexpo may from time-to-time offer bonus print credits for various activities. These offers may be temporary in nature. Wallexpo reserves the right to modify or eliminate such offers at any time. These offers are void where prohibited by law. The definition of eligible activities and transactions, as well as the amount of print credits accrued for each are subject to change.
There may be some delay between eligible non-membership transactions and the posting of print credits in your Account.
Redemption of print credits for the Purchase of print
PRINT CREDITS ARE ONLY ELIGIBLE FOR REDEMPTION TOWARDS THE PURCHASE OF FRAMED print PRINTS, UNFRAMED print PRINTS AND ORIGINAL printWORK LISTED ON www.Wallexpo.com. print credits may be applied up to a certain value of the price of unframed prints, framed prints and original printworks. This maximum printCredit redemption amount and the number of print credits required to reach the redemption amount will be available on a piece-specific basis, disclosed to customers before purchase and listed on the individual printwork page at www.Wallexpo.com. The number of print credits required to reach the maximum redemption amount may change at any time until the purchase is confirmed and print credits are applied during the purchase of the original print.
If you begin a purchase transaction and fail to complete it; or if you complete a purchase transaction and then engage in a return process with the printist, your print credits will remain forfeited until we receive confirmation from the printist that (1) the transaction did not occur or was voided, and (2) the piece is available for relisting on Wallexpo. At that time your print credits will be reinstated.
Wallexpo reserves the right to revise, amend, or modify the amount of print credits required to reach the maximum redemption amount at any time.
Members are responsible for all taxes and fees applicable to original print purchases. All taxes and fees must be paid at the time of purchase.
Print credits Expiration
Print credits will not expire provided a customer is "active". A customer is considered "active" when a customer earns print credits through an active Wallexpo membership within the preceding month. Each qualifying activity (a membership payment) extends the expiration date of all print credits by one month from the date of the last printCredit issuance. Once a customer is deemed inactive all print credits will expire immediately. Inactive customers may not be eligible for, or receive notification of printCredit changes, promotions, or other electronic mailings about print credits. Wallexpo reserves the right to consider when customers are active or inactive.
I. ACCESS TO OUR ONLINE SERVICES AND TOOLS
A. Access to Features of Online Services
For so long as you agree to these Terms and abide by them, you may use the Site and the Services. Subject to these Terms, we also grant you a limited, non-exclusive, nontransferable personal license to download, install and operate any software, scripts and other content that we may from time to time have specifically identified within the Site as available for download ("Downloadable Tools").
B. General Restrictions on Use
The rights granted to you by these Terms will remain in force only for so long as these Terms remain in effect. You may not resell or sublicense access to the Service to any third-pprinty. You may use the Site, the Services and Downloadable Tools only for your personal, non-commercial purposes. You further agree not to combine or integrate the Service and/or any Downloadable Tools with hardware, software or other technology or materials not provided by us. You may not modify or create any derivative product based on the Site, the Service or Downloadable Tools. You may not decompile, disassemble, reverse engineer or otherwise attempt to obtain or perceive the source code from which any component of the Site, Services and/or Downloadable Tools is compiled or interpreted, and nothing in these Terms should be interpreted as granting you any right to obtain or use source code. You agree not to use the Services, the Site or Downloadable Tools to: (a) violate any local, state, national or international law; (b) stalk, harass or harm another individual; (c) collect or store personal data about other users; (d) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or (e) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services. Without our written consent, you may not (i) use any high volume, automated, or electronic means to access the Services (including, without limitation, robots, spiders or scripts); or (ii) frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages. You promise that any information about yourself that you voluntarily provide to us will be true, accurate, complete and current.
C. Use of Third-Pprinty Offerings
You may be able to access websites, content or services provided by third-pprinties through links that are made available on the Site. Additionally, from time to time we may refer you to one or more of our business pprintners who make available products or services through their respective websites or by other means (e.g., by mail or otherwise). We refer to all such websites, content, services and products as "Third-Pprinty Offerings." For example, we may permit third pprinties to advertise their products and services on the Site, and those advertisements may contain links to the website(s) of the advertisers. Unless we otherwise inform you on the Site, your use of such Third-Pprinty Offerings is not ordinarily required in order to access and/or use the Services. if you elect to use such Third-Pprinty Offerings, you understand that your use of them will be subject to any terms and conditions required by the applicable third-pprinty provider(s). You understand that we are not the provider of, and are not responsible for, any such Third-Pprinty Offerings and that these Terms do not themselves grant you any rights to access, use or purchase any Third-Pprinty Offerings.
As between you and us, we and/or our vendors and suppliers, as applicable, retain all right, title and interest in and to the Site, the Services, and all Downloadable Tools, and all related intellectual property rights. Unless you first obtain the copyright owner's prior written consent, you may not copy, distribute, publicly perform, publicly display, digitally perform (in the case of sound recordings), or create derivative works from any copyrighted work made available or accessible via the Site or the Services.
Your feedback is welcome and encouraged. You agree, however, that (i) by submitting unsolicited ideas to us, you automatically forfeit your right to any intellectual property rights in those ideas; and (ii) unsolicited ideas submitted to us or any of our employees or representatives automatically become our property.
II. DISCLAIMERS, LIMITATIONS AND EXCLUSIONS OF LIABILITY
A. No Warranties
THE SERVICE, THE SITE, THE DOWNLOADABLE TOOLS AND ALL INFORMATION, CONTENT, MATERIALS AND SERVICES RELATED TO THE FOREGOING ARE PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE AND OUR AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PprintICULAR PURPOSE, TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, SYSTEM INTEGRATION AND ACCURACY OF DATA. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. WE AND OUR AFFILIATES DO NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR VIRUS FREE. THE SUBMISSION OF ANY PERSONAL CONTENT AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL THROUGH THE OUR SERVICE AND/OR SITE 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 MAY RESULT FROM THE DOWNLOAD OR UPLOAD OF ANY SUCH MATERIAL OR FROM RELIANCE UPON THE SERVICES, AND YOU ARE ADVISED TO MAINTAIN OFFLINE BACKUP COPIES OF ALL PERSONAL CONTENT. WE ARE NOT THE PROVIDER OF, AND MAKE NO WARRANTIES WITH RESPECT TO, ANY THIRD-PprintY OFFERINGS. WE DO NOT GUARANTEE THE SECURITY OF ANY INFORMATION TRANSMITTED TO OR FROM THE SITE; AND YOU AGREE TO ASSUME THE SECURITY RISK FOR ANY INFORMATION YOU PROVIDE USING THE SERVICE.
NO REPRESENTATION OR WARRANTY IS MADE THAT THE SERVICES PROVIDE COMPREHENSIVE OR ACCURATE INFORMATION. WE RESERVE THE RIGHT TO FILTER, MODIFY OR REMOVE CONTENT, MEDIA, INFORMATION OR ANY OTHER MATERIAL FROM THE SERVICES AND FROM THE OUTPUT OF THE SERVICES. YOU UNDERSTAND THAT WE HAVE DEVELOPED OUR TECHNOLOGIES TO FIND INFORMATION THAT WE BELIEVE WILL BE MOST RELEVANT AND INTERESTING TO YOU. ACCORDINGLY, WE MAY IN OUR DISCRETION FILTER OUT LINKS TO CONTENT AGGREGATORS. SEARCH ENGINES OR OTHER ONLINE SERVICES WHOSE TECHNOLOGIES AND SERVICES, IN OUR OPINION, ARE INCONSISTENT WITH THESE OBJECTIVES.
B. Limitation Of Liability
USE OF OUR SERVICE, THE SITE AND ANY DOWNLOADABLE TOOLS IS AT YOUR OWN RISK. IN NO EVENT WILL WE OR OUR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES IN CONNECTION WITH THESE TERMS, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF WE WERE ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE. IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING IN CONNECTION WITH THESE TERMS EXCEED ONE DOLLAR (U.S. $1.00). YOU ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY IS AN ESSENTIAL TERM BETWEEN YOU AND US RELATING TO THE PROVISION OF THE SITE, THE SERVICE, AND ANY DOWNLOADABLE TOOLS TO YOU, AND WE WOULD NOT PROVIDE THE SITE OR SERVICE TO YOU WITHOUT THIS LIMITATION.
YOU AGREE TO INDEMNIFY, HOLD HARMLESS AND, AT OUR OPTION, DEFEND OUR COMPANY (INCLUDING OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS AND ANY THIRD-PprintY INFORMATION PROVIDERS) FROM AND AGAINST ALL DAMAGES LIABILITIES, AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS.
III. TERM AND TERMINATION
These Terms will become effective and binding when you use the Site or Service, when you voluntarily provide any information about yourself to us, or when you indicate your agreement by following any instructions we place on the Site (such as buttons labeled "I Agree"). You do not need to inform us if you wish to stop using the Site or Service. We reserve the right to terminate these Terms and your access to the Site and the Service at any time without notice. Your rights under these Terms will automatically and immediately terminate if you fail to comply with your promises and obligations stated in these Terms. The provisions of sections I.B, I.C, I.D, II, III, and IV will survive the termination of these Terms.
IV. MISCELLANEOUS MATTERS
If you believe your copyright has been violated by works or Third-Pprinty Offerings accessible on the Site or through the Service, please contact us.
C. Modifications to Terms
D. Modifications to Services.
We reserve the right to modify the Site and/or Services at any time without notice. If you object to any changes to the Site or Services, your sole recourse will be to cease using them. Continued use of the Site or Services following posting of any such changes will indicate your acknowledgment of such changes and satisfaction with the Services as so modified. We also reserve the right to discontinue the Site and/or Services at any time without notice. We will not be liable to you or any third-pprinty should we exercise our right to modify or discontinue the Site or the Services.
E. General Terms
You agree to comply with all laws, rules and regulations that apply to your use of the Site, the Services and the Downloadable Tools. These Terms will be subject to and construed in accordance with the laws of the Commonwealth of Massachusetts, excluding its rules regarding conflicts of law. You consent to jurisdiction and venue exclusively in the Commonwealth of Virginia. Any delay or failure by us to exercise or enforce any right or provision of these terms will not constitute a waiver of such right or provision. If any provision of these terms is found by a court of competent jurisdiction to be invalid, you agree that the court should endeavor to give effect to the intentions reflected in the invalid provision, and the other provisions of these Terms shall remain in full force and effect. You agree that any claim or cause of action related to the Site, the Services, the Downloadable Tools, and/or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. These Terms constitute the entire agreement between you and us with regard to the matters described above.