You warrant that You are of legal age to use the Website and to create binding legal obligations for any liability You may incur as a result of the use of the Website.
You agree that You are responsible for all of your use of the site including for the use of your account by others.
Downloadable Background Images provided on PosterMyWall.com are subject to copyright and other intellectual property rights. You agree that use of the Images is subject to compliance with all applicable licenses including but not limited to CC0 1.0 Universal (CC0 1.0), Creative Commons Attribution-ShareAlike 4.0 and Attribution 3.0 Unported.
You may not use images for pornographic, unlawful or other immoral purposes, or in a way that can give a bad name to depicted persons, or to imply endorsement of products and services by identifiable persons, brands, organizations, etc. You may not claim ownership of any image in its original state, and you cannot license or sublicense images granting exclusive rights as they are.
Since PosterMyWall.com does not require a written Model Release for each Image that has identifiable people on it, We cannot guarantee that you will be able to use the Image for any purpose You like. Also, if there is a model release for the Image, We do not represent or make warranties whatsoever as to the legality or validity of it.
Furthermore, certain Images may be subject to additional copyrights, property rights, trademarks etc. and may require the consent of a third party or the license of these rights. PosterMyWall.com does not represent or make any warranties that it owns or licenses any of the mentioned, nor does it grant them. It's your and the Image uploader's responsibility to make sure that all the necessary rights, consents and licenses for the use of the Images are provided.
You are not allowed to mass download Images with an application, or reuse a large quantity of the Images for redistribution on a similar Website.
PosterMyWall.com cannot be held responsible for any copyright violations, and cannot guarantee the legality of the Images stored in its system. If you want to make sure, always contact the photographers. You use the site and the photos at your own risk!
You may upload photographs or graphics to the Website, and PosterMyWall.com may screen these uploads to see if they are suitable for distribution. Additionally, PosterMyWall.com will not accept any adult oriented images.
You acknowledge that PosterMyWall.com may decline to display a Design on PosterMyWall.com (our “Site”) for any reason in its sole discretion.
By uploading, You release Images under Creative Commons Deed CC0 into the public domain. This applies worldwide. In case this is not legally possible, You grant anyone the right to use this work for any purpose, without any conditions, unless such conditions are required by law.
You are solely responsible for the Images You upload. You promise that each and every Design you submit to PosterMyWall.com (a) is your own original work, (b) has not been previously published, distributed, or reproduced anywhere by any means in any medium (including in any books or magazines or on any websites) other than in a single original work if the Design was first produced in a tangible medium (e.g., watercolor or other painting or photographic negative), (c) does not contain any trademarks, logos, or copyrighted material other than that which has been provided to you by PosterMyWall.com or that you solely own, and (d) does not contain any content subject to any right of publicity or privacy or any intellectual property belonging to any third party.
You warrant that You own all proprietary rights regarding the Image, and You are obliged to obtain a non- exclusive, perpetual, irrevocable, worldwide, and royalty-free Model and/or Property Release and/or any other permission necessary concerning the use of this work for any purpose, without any conditions, unless such conditions are required by law.
Furthermore, You acknowledge that PosterMyWall.com does not allow the upload of Images that infringe on any copyright, property right, trademark or any other applicable right. You accept that even though We do our best to prevent it from happening, PosterMyWall.com cannot be held responsible for the misuse or abuse of any Image. We also reserve the right to remove any approved Image at any time if We believe it is defective, of poor quality or infringe on any right.
PosterMyWall.com may take the following actions to enforce the terms of this Agreement:
PosterMyWall will pay you a royalty for all public (i.e., not to you) sales of your Designs. Your royalty earnings are totaled at the end of each calendar month. Royalties are calculated according the table below and are calculated on purchase total net of discounts and exclusive of tax and shipping. If you meet or exceed the threshold of $50.00 at the end of the calendar month, your payment will be deposited into your PayPal account no later than 15 days into the following month.
*When dividing royalties from PosterMyWall Premium subscribers, images count as 1 use, designs with a stock video are treated as 1.5 use and designs with a video uploaded by artists are treated as 2 uses.
You alone shall be responsible for the payment of any tax that arises as a result of receiving payment from PosterMyWall.com, as we will not withhold any taxes from the Sales Commissions paid to you.
PosterMyWall will not pay you a Royalty for sales of any Products which incorporate a Design that violates this Agreement, the PosterMyWall User Agreement or any of your representations below. For example, if PosterMyWall discovers that one of your Designs infringes someone else's copyright or that you do not have the right to use the Design, PosterMyWall reserves the right to reverse all Royalties for such Designs, whether due or already paid.
You agree not to use our Site to promote any products or services of any company that operates in competition with PosterMyWall.com.
Submission of the Design and checking the box acknowledging that you have read and agree to these Terms and Conditions constitutes your acceptance of these Terms and Conditions and creates a binding contract under California law. Submission of the Designs to the Site grants the nonexclusive, worldwide, transferable license to use, sell, copy, reproduce, modify, publicly display, and distribute your Content.
You may not assign or otherwise transfer any right or obligation herein without the prior written consent of PosterMyWall.com, which may be withheld in PosterMyWall.com’s sole discretion. Any dispute between you and PosterMyWall.com shall be decided under California law, via binding arbitration in accordance with applicable rules of the American Arbitration Association. Any such arbitration demand shall be filed in San Francisco, California within one year of the date that any claim may arise.
Both parties can terminate your membership account for any reason with a written notice and proof of identity. Upon termination PosterMyWall.com will remove your personal information within 30 days from the Website. We retain all ownership rights to your templates. You are able to receive royalties from the sale of your designs provided that you permit PosterMyWall to maintain records necessary to calculate and to remit payments.
If you have a dispute with one or more Users or Designers, you release PosterMyWall (and PosterMyWall's officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.".
We respect and are committed to protecting your privacy. We do not sell or otherwise provide personal information to other companies for the marketing of their own products or services. We will retain your information for as long as your account is active or as needed to provide You services or as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
We reserve the right to disclose your personal information as required by law (e.g., to comply with a subpoena, warrant, or court order) and when we believe that disclosure is necessary to protect our rights, avoid litigation, protect your safety or the safety of others, investigate fraud, and/or respond to a government request. We may also disclose information about You if we determine that such disclosure should be made for reasons of national security, law enforcement, or other issues of public importance.
THE WEBSITE AND THE IMAGES ARE PROVIDED "AS IS". WE OFFER NO WARRANTY, EXPLICIT OR IMPLIED, REGARDING ANY IMAGES, THE WEBSITE, THE ACCURACY OF ANY INFORMATION, OR ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PosterMyWall.com DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR THE IMAGES WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE.
PosterMyWall.com SHALL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF YOUR USE OF THE WEBSITE OR THE IMAGES.
This Agreement supplements the PosterMyWall User Agreement, which is incorporated by this reference.
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