WYNWOOD WALLS SHOP

TERMS & CONDITIONS

 

Acceptance of Terms and Conditions

BY ACCESSING THE WYNWOOD WALLS SHOP, LLC (“WWS”, “us”, “our”, “we”) WEBSITE LOCATED AT shop.thewynwoodwalls.com (“Website”), YOU, A USER OF THE WEBSITE (“User(s)”, “you”, “your”) ACCEPT WITHOUT LIMITATION OR QUALIFICATION THESE TERMS AND CONDITIONS (the “Terms & Conditions”). WWS MAY REVISE THESE TERMS AND CONDITIONS AT ANY TIME, WHICH REVISIONS SHALL BIND YOU. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE EXIT OUR WEBSITE NOW AND REFRAIN FROM FURTHER USE. THIS AGREEMENT APPLIES WHETHER YOU ARE ACCESSING THE SERVICES VIA A PERSONAL COMPUTER, A WIRELESS OR MOBILE DEVICE, OR ANY OTHER TECHNOLOGY OR DEVICE.

About Us.

Through the Website, WWS offers a variety of products for sale, from artwork, to books, to fashion, to games, and much more.

Protection of Privacy.

WWS is committed to protecting the privacy of its Users in accordance with applicable laws and regulations. All information gathered from you in connection with your use of the Website is governed by our Privacy Policy. Please note that the Website is not specifically dedicated to children and we do not actively solicit information from children. Children under the age of 12 are required to obtain permission from an adult before submitting information to the Website. By using the Website, you represent and warrant that (a) you are 13 years of age or older and reside in the United States of America, its territories and possessions (the “U.S.”); and (b) your use of the Website does not violate any applicable law, rule, or regulation.

User Registration.

In order to access and use the Website, we may require that you register on the Website and have a unique username and password combination (“User Credentials”) and provide certain additional information, which may include, without limitation, your email address, legal name, date of birth, country of residence, zip code, mobile phone number, your physical address, telephone number(s), applicable payment data and information (e.g., credit card/debit card number and expiration date), etc. (collectively, a “User Account”). You represent and warrant that all registration and account information you submit is truthful and accurate and you shall maintain and promptly update the accuracy of such information. You may only have one User Account and are responsible for maintaining the strict confidentiality of your User Credentials, and you shall be responsible and liable for any access to or use of the Website by you or any person or entity using your User Credentials, whether or not such access or use has been authorized by you or on your behalf, and whether or not such person or entity is your employee or agent, including, without limitation, any fee-based transactions. It is therefore critical that you do not share your User Credentials with anyone.

Payment, Pricing, and Related Terms of Service.

The Website makes available certain fee-based transactions and e-commerce services, including, the ability to purchase goods. You may only engage in a fee-based transaction if you are 18 years of age or older and a legal resident of U.S. You agree to pay in full the prices and fees (including, without limitation, all applicable taxes (as more fully described below) for any purchases you, or anyone using the User Account registered to you, make via an Authorized Payment Method (as defined below)).

Payment Method and Terms.

The Website accepts certain methods of payment which will be indicated at the time of purchase as forms of payment (each, an “Authorized Payment Method”), subject to certain restrictions, including, without limitation, territory restrictions, bank/payment card restrictions, spending limits, third party service provider restrictions, or otherwise, which may prevent the processing of your order. If a transaction has been declined online due to payment card issues, please ensure all data is correct and resubmit. If the transaction is not accepted online, you will be unable to use that card for your transaction and should use another Authorized Payment Method. If a payment card company is being used for a transaction, WWS may obtain a pre-approval from the applicable payment card company for an amount up to the amount of the order. All purchases are final once you click the “Submit” or similar button/link and billing to your payment card occurs at such time or shortly thereafter. If payment is not received by us from your credit, debit, or charge card issuer or its agents or other payment service provider, you agree to promptly pay all amounts due upon demand by us. WWS reserves the right to change any and all prices for goods on the Website at any time, for any reason.

We utilize the services of a third-party payment processing company, Shopify. By making any purchase of goods through our Website, you consent to us sharing your information with Shopify and further acknowledge and agree to Shopify’s terms, policies, and guidelines, available here: https://www.shopify.com/legal/terms.

Taxes.

You are responsible for any taxes imposed on any fee-based transactions conducted on or in connection with Website and applicable taxes will be added to the amount charged for the applicable transaction. Fee-based transactions in connection with the Website may include, without limitation, sales tax, use tax, and any other applicable taxes, which may be based on various factors, including, without limitation, the bill-to address and tax rates in effect at the time your transaction is completed. No customers or Users are eligible for tax exemptions for transactions made in connection with the Services.

Additional Terms and Conditions. 

WWS may revise any or all of the fees and prices of goods sold on the Website at any time for any or no reason. Further, WWS does not guarantee that product descriptions or other content and products will be available, accurate, complete, reliable, current, or error-free. Descriptions and images of, and references to, products on or in connection with any fee-based transaction do not imply WWS’s endorsement of such products or services. Moreover, WWS and its third party operational service providers reserve the right, with or without prior notice, for any or no reason, to change product descriptions, images, and references; to limit the available quantity of any product; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code, or other similar promotions; to bar any User from conducting any or all transaction(s); and/or to refuse to provide any User with any product. Further, if WWS terminates your use of or registration to Website because you have breached this Agreement, you shall not be entitled to a refund of any unused portion of any fees, payments, or other consideration. 

You also agree to any other terms, policies, or guidelines posted on the Website, including Shipping and Returns and Payment Methods. 

THIRD PARTY PRODUCTS AND SERVICES. 

WE ARE NOT RESPONSIBLE AND HAVE NO LIABILITY WHATSOEVER FOR GOODS OR SERVICES YOU OBTAIN THROUGH THIRD PARTY SERVICE PROVIDERS OR OTHER WEB SITES, WEB PAGES, APPLICATIONS, AND PLATFORMS (EVEN IF ACCESSED WITHIN, THROUGH, OR IN CONNECTION WITH THE SERVICES), AND ANY SUCH PURCHASES ARE SUBJECT TO THEIR RESPECTIVE TERMS AND CONDITIONS OF USE. YOU ACKNOWLEDGE AND AGREE THAT PRODUCT/SERVICE SPECIFICATIONS AND OTHER INFORMATION HAVE EITHER BEEN PROVIDED BY THE APPLICABLE THIRD-PARTY VENDORS OR COLLECTED FROM PUBLICLY AVAILABLE SOURCES AND WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY OR RELIABILITY OF ANY SUCH INFORMATION. ACCORDINGLY, WE ENCOURAGE YOU TO MAKE WHATEVER INVESTIGATION YOU FEEL NECESSARY OR APPROPRIATE BEFORE PROCEEDING WITH ANY TRANSACTION WITH ANY OF THESE THIRD PARTIES AS SAME IS CONDUCTED AT YOUR SOLE RISK. FURTHER, WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY OF ANY INFORMATION (INCLUDING, WITHOUT LIMITATION, CREDIT CARD AND OTHER PERSONAL INFORMATION) YOU MIGHT BE REQUESTED TO PROVIDE ANY SUCH THIRD PARTY, AND YOU IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO ANY SUCH TRANSACTION. WE ARE NOT RESPONSIBLE FOR ASSISTING YOU IN CORRECTING ANY PROBLEM YOU MAY EXPERIENCE WITH GOODS AND SERVICES PURCHASED THROUGH A THIRD-PARTY SERVICE PROVIDER, EVEN IF THE GOODS OR SERVICES ARE ACCESSED WITHIN, THROUGH, OR IN CONNECTION WITH THE SERVICES. WE CANNOT ENSURE THAT YOU WILL BE SATISFIED WITH ANY PRODUCTS OR SERVICES THAT YOU PURCHASE FROM ANY THIRD-PARTY OPERATIONAL SERVICE PROVIDER AS THOSE ARE OWNED AND OPERATED BY INDEPENDENT ENTITIES. CUSTOMER SERVICE ISSUES RELATED TO GOODS OR SERVICES SHOULD BE DIRECTED TO THE RELEVANT THIRD-PARTY OPERATIONAL SERVICE PROVIDER.

Electronic Communications 

In accordance with our Privacy Policy, we may use the information that you have provided to us to communicate with you. You have a choice in how we communicate with you.  You may opt in to receive emails to the e-mail address you provide to us. When you opt-in to any of these types of communications, you understand and consent that you will receive marketing, news, and other messages from us.

We allow our customers to opt-in to receive electronic communication containing updates, new promotions, discounts and more or we may need to provide you with certain communications, notices, agreements, billing statements, or disclosures in writing (“Communications”) regarding our products or services. Providing your e-mail address and accepting these Terms and Conditions confirms your ability and consent to receive Communications electronically, rather than in paper form. To withdraw your consent to receive electronic Communications, please write us by e-mail at shop@thewynwoodwallsshop.com with the subject line: “Unsubscribe from Electronic Communications.” In addition, our communications themselves may include the opportunity to opt out.  For example, our e-mails include an unsubscribe link. 

For email Communications we utilize Sendinblue. We are not responsible for any personal information practices Sendinblue or any such third-party website and online service. To learn more about the personal information and privacy practices of Sendinblue, please see their respective terms of use and privacy notices located at https://www.sendinblue.com/legal/termsofuse/.

Modification.

WWS may modify this Agreement from time to time, and at any time, without notice to you, for any reason, in our sole discretion. We recommend that you check back frequently and review this Agreement regularly, so you are aware of the most current rights and obligations that apply to you 

Trademarks.

The names, titles, trademarks, service marks, and logos that appear on the Website are registered and unregistered marks of WWS, or its affiliated entities, (“WWS Trademarks”). You may not use the WWS Trademarks without WWS ’s prior, written permission. 

The trademarks of third parties may also appear on the Website from time to time; you may not use these trademarks without prior, written permission of their respective owners. You acknowledge and agree that nothing on the Website grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any of WWS Trademarks or may be construed to mean that WWS has authority to grant any right or license on behalf of any third party trademark owner.

All Content is Protected by Copyright Laws.

Images, text, software, documentation, electronic text and image files, audio and video files and clips, and other materials on the Website are protected by copyright laws and may be covered by other restrictions including for example, rights of privacy and publicity, as well. WWS retains all rights it may hold, including copyright, in data, image, text, and any other information contained in these files. Copyrights and other proprietary rights in the material on this Website may also subsist in individuals and entities other than, and in addition to, WWS. WWS expressly prohibits the copying of any protected materials on this Website, except for the purposes of fair use as defined in the copyright laws, and as described below. 

Prohibited Activities.

You may not access or use the Website for any purpose other than the purpose for which we make it available to you. We may prohibit certain activities in connection with the Website in our discretion. These prohibited activities include, without limitation, the following: 

• Criminal or tortious activity, including fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, copyright infringement, patent infringement, trademark infringement, or theft of trade secrets.
• Using any information obtained from the Website in order to contact, advertise to, solicit, or sell any products or services to any User without their prior explicit consent.
• Interfering with, disrupting or creating an undue burden on the Website or the networks or services connected to the Website.
• Attempting to impersonate another User or person.
• Using any information obtained from the Website in order to harass, abuse or harm another person.
• Using the Website in a manner inconsistent with any and all applicable laws and regulations.
• Using or otherwise accessing the Website for any reason other than a good faith interest in being matched with Agencies.
• Undertaking any activity which infringes on our or any third-party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity and privacy.
• Posting or submitting any content which is libelous, defamatory, threatening, harassing, invasive of privacy, abusive, tortious, hateful, discriminatory, pornographic or obscene.
• Transmitting any trade secret or other material, non-public information about any person, company or entity without the authorization to do so.
• Restricting or inhibiting any other visitor from using the Website, including without limitation, by means of “hacking” or defacing any portion of the Website.
• Modifying, adapting, sub-licensing, translating, selling, reverse engineering, decompiling, or disassembling any portion of the Website.
• Removing any copyright, trademark or other proprietary rights notices contained on the Website.
• Distributing any virus, worm or other similar or deleterious files, scripts or programming routines through the Website.
• Using any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine” the Website or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents, authentications and security measures.
• Attempting to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how, or algorithms relevant to the Website.
• Modifying, translating, or creating derivative works based on the Website. 

Additionally, unauthorized downloading, publication or exploitation of WWS’s files for commercial purposes is specifically prohibited. Anyone wishing to use any of these files or images for commercial use, publication, or any purpose other than fair use as defined by law, must request and receive prior permission. 

Reservation of Rights.

All rights not expressly granted by WWS herein are specifically and completely reserved. Nothing on the Website or in these Terms & Conditions grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any content or property of any third party or may be construed to mean that WWS has authority to grant any right or license on behalf of any third party.

Digital Millennium Copyright Agent.

WWS respects the intellectual property of others and asks Users of the Website to do the same. WWS may, in appropriate circumstances and at its discretion, take reasonable steps to disable and/or terminate access to the Website of Users who may be repeat infringers of copyright. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the following information to WWS’s Copyright Agent:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
• a description of the copyrighted work that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the Website;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• 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. The Museum’s agent for notice of claims of copyright infringement can be reached as follows:

DiSchino & Schamy, PLLC

admin@dsmiami.com 

Submissions.

Any communication or material you post, transmit, or distribute to the Website by electronic mail or otherwise, including any data or other content, questions, comments, suggestions, or the like, is and will be treated as, nonconfidential and nonproprietary. Anything you transmit or post may be used by WWS or its affiliates for any purpose, including but not limited to, reproduction, disclosure (to law enforcement entities or others), transmission, publication, broadcast, and posting. Furthermore, WWS is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Website for any purpose whatsoever including but not limited to, developing, manufacturing, and marketing products using such information.

Warranty and indemnification.

By using the Website in any manner, you represent and warrant that your use will be consistent with these Terms & Conditions, including copyright fair use. You agree to indemnify, defend, and hold WWS, its affiliates, trustees, directors, officers, employees, or agents harmless from all claims, causes, costs, expenses, fees (including reasonable attorneys’ fees), judgments, liabilities, losses, and damages arising from or relating to your use of the Website or your breach of any of the terms and conditions herein.

DISCLAIMER OF WARRANTIES.

WWS PROVIDES THE WEBSITE AND ALL GOODS SOLD HEREON ON AN “AS IS” BASIS. YOUR USE OF THE SITE TO PURCHASE GOODS IS AT YOUR OWN RISK. WWS DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COPYRIGHT OWNERSHIP AND/OR NONINFRINGEMENT OF COPYRIGHTS OR OTHER THIRD PARTY PROPRIETARY RIGHTS. WWS DOES NOT WARRANT THAT THE SITE WILL PROVIDE CONTINUOUS, PROMPT, SECURE, OR ERROR-FREE SERVICE. WWS MAKES REASONABLE, ONGOING EFFORTS TO REVISE AND UPDATE THE SITE, BUT ASSUMES NO LIABILITY FOR ANY ERRORS OR OMISSIONS, INCLUDING THE INACCURACY OF CONTENT, OR FOR ANY DAMAGES OR LOSSES THAT YOU OR ANY THIRD PARTY MAY INCUR AS A RESULT OF THE UNAVAILABILITY OF THE SITE. WWS ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES MAY AFFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ARISING FROM YOUR USE OF THE SITE, INCLUDING BUT NOT LIMITED TO THE REPRODUCTION OF THE CONTENT OR COMPILATION.

LIMITATION OF LIABILITY.

NEITHER WWS, ITS AFFILIATES, TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS SHALL HAVE ANY LIABILITY FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, COMPENSATORY, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM OR RELATED TO YOUR USE OF THE SITE, CONTENT, AND/OR COMPILATION.

INDEMNIFICATION. 

To the extent not prohibited by law, you agree to defend WWS against any cost, loss, damage, or other liability arising from any third party demand or claim that any content or information provided by you, or your use of the Website: (a) infringes a registered patent, trademark, copyright, or other intellectual property right of a third party, or misappropriates a trade secret (to the extent that such misappropriation is not the result of WWS’s actions); or (b) violates applicable law or another provision of this Agreement. WWS will reasonably notify you of any such claim or demand that is subject to your indemnification obligation of which it becomes aware.

Severance and Waiver.

You acknowledge and agree that in the event any provision of these Terms & Conditions shall be held by a court of competent jurisdiction to be invalid, unlawful, or unenforceable, in any respect, the validity, legality, and/or enforceability of the remaining terms and conditions contained herein shall not in any way be affected or impaired thereby. In such event, the parties agree that such invalid term(s) or condition(s) shall be validly reformed by the court to as near approximate the intent of the parties as reflected in the provision, and if unreformable, shall be severed and deleted from these Terms & Conditions. WWS’s failure to exercise or enforce any right or provision of these Terms & Conditions shall not constitute a waiver of such right or provision unless agreed to in writing by WWS.

Venue and Choice of Law.

These Terms & Conditions and any counterparts, amendments, or revisions thereto shall be governed and construed in accordance with the laws of the State of Florida, without regard to principles of conflicts of laws. Any case, controversy, suit, action, or proceeding arising out of, in connection with, or related to this Agreement shall be brought in ay Federal or State court located in City of Miami and the State of Florida, and the parties hereby waive any objection that they may have to personal jurisdiction in these courts. 

Entire Agreement.

These Terms & Conditions are the complete statement of the agreement of the parties with respect to the subject hereof and supersede all prior agreements and understandings between the parties hereto with respect to the subject hereof. In order to be binding, any amendment or modification of this Agreement must be effected by an instrument in writing signed by the parties.

Contact Us.

If you have any questions or concerns regarding these Terms & Conditions, please contact us at:

Wynwood Walls Shop, LLC

2214 NW 1^st Place

Second Floor

Miami, FL 33127

Email:shop@thewynwoodwallsshop.com

 

Last updated: May 18^th , 2023