Welcome to the Wall Art Gaming™ web site, which is located at Wallartgaming.co.uk™ (the “Web Site”). The following Terms of Service (“TOS”) contain the terms that govern your use of the Web Site and Wallartgaming.co.uk™ Service (as defined below). These TOS describe your rights and responsibilities and what you can expect from the GameWallArt ™ Service. Use of the Wall Art Gaming ™ Web Site constitutes acceptance of this TOS. wallartgaming.co.uk™ is a Trademark of Wall Art Gaming ™.
Wall Art Gaming ™ reserves the right to add, delete and/or modify any of the terms contained in this TOS, at any time and in its sole discretion, by posting a new agreement on the Wall Art Gaming™ Web Site. If any modification is unacceptable to you, your only recourse is to not use the Web Site and the gamewallart.com™ Service. Your continued use of the Wall Art Gaming™ Web Site following the posting of a new TOS on the Wall Art Gaming™ Web Site will constitute binding acceptance of the changes.
1- The Wall Art Gaming™ Service.
Wall Art Gaming™ provides a number of Internet-based services through the Web Site (all such services, collectively, the “wallartgaming.co.uk™ Service”).
2- Use of the Web Site and Wall Art Gaming™ Service.
2.1 Eligibility. Wall Art Gaming™ will only knowingly provide the gamewallart.com™ Service to parties that can lawfully enter into and form contracts under applicable law. If you are under the age of 18, but at least 13 years of age, you may use the wallartgaming.co.uk™ Service only under the supervision of a parent or legal guardian who agrees to be bound by these TOS. The wallartgaming.co.uk™ Service is not intended for children under the age of 13.
2.2 Compliance with TOS and Applicable Law. You must comply with all of the terms and conditions of these TOS, the applicable agreements and policies referred to below, and all applicable laws, regulations and rules when you use the wallartgaming.co.uk™ Service and the Web Site.
2.3 Your License to Use the Web Site and the wallartgaming.co.uk™ Service.
(a) Wall Art Gaming ™ solely and exclusively owns all intellectual property and other rights, title and interest in and to the wallartgaming.co.uk™ Service and Web Site, except as expressly provided for in these TOS. For example and without limitation, Wall Art Gaming™ owns the trademark wallartgaming.co.uk™(TM), the copyrights in and to the Web Site, and certain technology used in providing the wallartgaming.co.uk™ Service. You will not acquire any right, title or interest therein under these TOS or otherwise.
(b) Wall Art Gaming ™ grants you a limited revocable license to access and use the Web Site and the wallartgaming.co.uk™ Service for its intended purposes, subject to your compliance with these TOS. This license does not include the right to collect or use information contained on the Web Site for purposes prohibited by Wall Art Gaming ™; to compete with Wall Art Gaming ™; create derivative works based on the content of the Web Site; or download or copy the Web Site (other than page caching). If you use the Web Site in a manner that exceeds the scope of this license or breach this TOS, Wall Art Gaming ™ may revoke the license granted to you, AND PURSUE ANY OTHER LEGAL COURSE OF ACTION PERMITTED UNDER APPLICABLE STATE OR FEDERAL LAW.
(c) This Section 2.3 does not pertain to your intellectual property rights. For information regarding your intellectual property rights, please see Section 4.1.
3- General Rules.
3.1 Prohibited Use. You may only use the wallartgaming.co.uk™ Service as expressly permitted by Wall Art Gaming ™. You may not cause harm to the Web Site or the wallartgaming.co.uk™ Service. Specifically, but not by way of limitation, you may not: (i) interfere with the wallartgaming.co.uk™ Service by using viruses or any other programs or technology designed to disrupt or damage any software or hardware; (ii) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the wallartgaming.co.uk™ Service; (iii) use a robot, spider or other device or process to monitor the activity on or copy pages from the Web Site, except in the operation or use of an internet “search engine”, hit counters or similar technology; (iv) collect electronic mail addresses or other information from third parties by using the wallartgaming.co.uk™ Service; (v) impersonate another person or entity; (vi) use any meta tags, search terms, key terms, or the like that contain Wall Art Gaming’s name or trademarks; (vii) engage in any activity that interferes with another user’s ability to use or enjoy the wallartgaming.co.uk™ Service; or (viii) assist or encourage any third party in engaging in any activity prohibited by these TOS.
3.2 Prohibited Use Promise. By using the Wall Art Gaming ™ Web Site, you are promising that you are not using the wallartgaming.co.uk™ Service or the Web Site for any of the Prohibited Uses.
4- Use of Your Content.
You do not lose ownership of the Content that you design on, or upload to, the Web Site. By uploading Designs to the Web Site or creating Designs with Wall Art Gaming ™’s design tools, however, you grant the following licenses Wall Art Gaming ™: the nonexclusive, worldwide, transferable, sublicensable right to copy, crop, reproduce, publicly display, sell, and distribute the Design in or on Products and in advertising, marketing, samples, and promotional materials for the purpose of promoting the Web Site and Products; and the right to make modifications to your Design as Wall Art Gaming ™, in its sole discretion, finds necessary to achieve the above-listed purposes.
You may remove the Content you designed at any time, and you retain any copyright and other intellectual property rights in that Content. If you choose to remove Content that you designed or uploaded and notify Wall Art Gaming ™ of your intention to terminate the licenses described in the above paragraph, those licenses will terminate, except that Wall Art Gaming ™ may fulfill all orders that are in any way derived from that Content placed prior to notice of termination and may continue to use said Content in marketing and promotional materials.
5- Reservation of Rights.
5.1 Monitoring. Wall Art Gaming™ reserves the right but does not assume the obligation, to monitor transactions and communications that occur through the Web Site. If Wall Art Gaming™ determines, in its sole and absolute discretion, that you or another Wall Art Gaming™ user have breached or will breach a term of these TOS or that such transaction or communication is inappropriate, Wall Art Gaming™ may cancel such transaction or take any other action to restrict access to or the availability of any material that we may consider objectionable, without any liability to you or any third party.
5.2 Modification of the Service. Wall Art Gaming™ may modify the wallartgaming.co.uk™ Service at any time with or without notice to you and will incur no liability for doing so.
When you submit questions, comments, suggestions, ideas, message board postings, material submitted via web forms, contest entries, communications or any other information (“Submissions”), you grant Wall Art Gaming™ permission to use such Submissions for marketing and other promotional purposes, including the right to sublicense. You agree that Wall Art Gaming™ will have no obligation to keep any Submissions confidential. You will not bring a claim against GameWallArt ™ based on “moral rights” or the likes arising from Wall Art Gaming ™’s use of a Submission. This Section does not apply to your Content that will appear as part of your product that you use in connection with Gamewallart.com™ Service.
7- Representations and Warranties.
7.1 Mutual Representations and Warranties. You represent and warrant to GameWallArt ™ and GameWallArt ™ represents and warrants to you: (i) that you or it has the full power and authority to enter into and perform under these TOS, (ii) the execution and performance of your or its obligations under these TOS do not constitute a breach of or conflict with any other agreement or arrangement by which you or it is bound, and (iii) these TOS are a legal, valid and binding obligation of the party entering into these TOS, enforceable in accordance with their terms and conditions.
7.2 By You. You represent and warrant to GameWallArt ™ that, your use of the Gamewallart.com™ Service and any order that you place with GameWallArt ™: (i) will not infringe the copyright, trademark, patent, trade secret, right of privacy, right of publicity or any other legal right of any third party and (ii) will comply with all applicable laws, rules, and regulations. You further represent and warrant to GameWallArt ™ that: (i) there are no claims, demands or any form of litigation pending, or to the best of your knowledge, threatened with respect to any of your Content; (ii) GameWallArt ™ will not be required to make any payments to any third party in connection with its use of your Content, except for the expenses that GameWallArt ™ incurs in providing the Gamewallart.com™ Service; (iii) the use of any instructions, formulae, recommendations, or the like contained in your Content will not cause injury to any third party; and (iv) your Content does not contain viruses or any other programs or technology designed to disrupt or damage any software or hardware.
8- Disclaimers and Exclusions.
8a.1 DISCLAIMER OF WARRANTIES. GAMEWALLART™ PROVIDES THE WEBSITE AND GAMEWALLART.COM™ SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS. GAMEWALLART™ DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, GAMEWALLART.COM™ SERVICE OR ITS USE: (i) WILL BE UNINTERRUPTED, (ii) WILL BE FREE OF INACCURACIES OR ERRORS, (iii) WILL MEET YOUR REQUIREMENTS, OR (iv) WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. GAMEWALLART™ MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TOS, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
8a.2 EXCLUSION OF DAMAGES. GAMEWALLART™ WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE GAMEWALLART™ SERVICE, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8b. Limitation of Liability.
8b.1 LIMITATION OF LIABILITY. EXCEPT FOR A BREACH OF A PARTY’S REPRESENTATIONS AND WARRANTIES UNDER THESE TOS OR IN CONNECTION WITH YOUR INDEMNITY OBLIGATIONS UNDER THESE TOS, IN NO EVENT WILL THE LIABILITY OF GAMEWALLART™ EXCEED THE VALUE OF SIGNS RECEIVED OR SERVICES RENDERED. THE VALUE OF SIGNS OR SERVICES ARE LIMITED TO THE STATED VALUE ON THE GAMEWALLART™ WEBSITE OR AS STATED BY AN AUTHORIZED GAMEWALLART™ AGENT.
9.1 Termination. GameWallArt ™ may suspend or terminate your use of the Web Site or Gamewallart.com™ Service if it believes, in its sole and absolute discretion, that you have breached a term of this TOS.
9.2 Survival. Notwithstanding Section 10.1 above, these TOS will survive indefinitely unless and until GameWallArt ™ chooses to terminate them
9.3 Effect of Termination. If you or GameWallArt ™ terminates your use of the Web Site or the Gamewallart.com™ Service, GameWallArt ™ may delete any Content or other materials relating to your use of the Gamewallart.com™ Service on GameWallArt ™’s servers or otherwise in its possession and GameWallArt ™ will have no liability to you or any third party for doing so.