Wallhogs Terms of Service
This Agreement controls your use of the WebSite, hereby referred to as "Wallhogs" and the goods and services involved. By using the WebSite and the goods and services, you, hereby deemed "Customer" understand that you are agreeing to abide by the terms and conditions contained herein.
Copyright of Print Designs, Liability Exemptions
SerKlin Enterprises, Inc, DBA Wallhogs is committed to the appropriate and legal use of the intellectual property of others, and we require our users to behave similarly. Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, and written and other materials that appear on the Wallhogs Site (collectively the "Contents") are copyrights, trademarks, trade dress, and/or other intellectual properties owned, controlled or licensed by Wallhogs.
(1) Wallhogs has the sole discretion to reject any order that it considers libelous, defamatory, obscene, profane (according to standards established by the FCC), portraying irresponsible use of alcohol or other substances, advocating persecution based on gender, age, race, disability or national origin, containing explicit sexual content or is otherwise inappropriate for Wallhogs production.
(2) You agree to not use Wallhog's Service to create any material that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable, or that infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any third party.
(3) The Customer gives Wallhogs the right of use for created and transmitted designs - this includes the right to print the design on the product. Wallhogs does not retain the right to sell Customer designs.
(4) Wallhogs retains the right to use the design of a customer for advertising on the Wallhogs website.
(5) By transmitting the design, the Customer assures Wallhogs that no rights of a third party are thereby violated. Any copyright violations are the full responsibility of the Customer. The Customer must ensure that any designs in no way infringe the rights of third parties. Wallhogs may, in appropriate circumstances and at its discretion, discontinue and/or terminate the orders of users who may be repeat infringers of copyright violations.
(6) The Customer will exempt Wallhogs upon the first request of all demands and requirements incurring third-party rights violations. The Customer must refund all arising costs of the defense and other damage to Wallhogs. Wallhogs can demand advance payments of an estimated amount of the defense costs.
(7) The Customer is required to give Wallhogs immediate written notice of a claim of third-party rights violations.
Copyright and Intellectual Property Agent for Notice
If you believe that your work has been copied in a way that constitutes a copyright infringement, or that your intellectual property rights have been otherwise debased, please provide Wallhogs with the following information:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. A description of the copyrighted work or other intellectual property that you claim has been infringed upon;
3. A description of where the material that you claim is infringing is located on the site as well as the shop id found at the top of the URL of the infringing party;
4. The telephone number, address, and email address;
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; or proof that you are the holder of the copyright of the material
6. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Wallhog’s Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
By mail:
Legal Department
c/o SerKlin Enterprises, Inc.
210 Weldon Street
Latrobe, PA. 15650
By phone:
877-900-4647
By fax:
(866) 501 4881
By email:
accounts@wallhogs.com
Area of Jurisdiction
The exclusive place of jurisdiction for all disputes arising from this contract is Yorklyn, Delaware, USA. The supplier remains entitled to take legal action or institute other proceedings at the client's general place of jurisdiction. The legal relations between both parties are solely in line with the law of the State of Delaware, USA.
The client will indemnify Wallhogs from any claims and outstanding bills incurred in connection with any third-parties rights violation. The client will reimburse Wallhogs all costs and expenses incurred in connection with attorney fees and other damages. The client is obliged to inform Wallhogs forthwith in writing of any claim brought against the client due to a violation of third-parties rights, in connection with the content of the shop.
Partial Nullity
The invalidity or unenforceability of any provision of these terms and conditions will not affect the validity or enforceability of any other provision of these terms and conditions, all of which will remain in full force and effect. In the case of partial nullity, both parties will preferably try to reach an agreement to replace the invalid or unenforceable provision. This also holds true for possible loopholes.
Wallhogs may use trustworthy third parties to provide certain services for the management of the agreement. As a result, Wallhogs may have to provide the third-parties with clients' personal data. The data provided is saved, processed, and used by third parties in accordance with the agreement. Wallhogs partners are obliged to delete all data immediately after their part of the contract has been executed. Wallhogs will not provide third parties with any personal data for advertising purposes.