TERMS OF SERVICE
ACCEPTANCE OF TERMS
DESCRIPTION OF SERVICE
Walli is an online community which enables illustrators, graphic designers and other artists (“Artists”) to post their Artwork (“Content”) and promote their work. Artworks
Your access to and use of the Walli application may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair of the application or any other reason within or outside the control of Walli. Walli reserves the right to suspend or discontinue the availability of the application and/or any Service and/or remove any Content at any time at its sole discretion and without prior notice. Walli may also impose limits on certain features and Services or restrict your access to parts of or all of the Application and the Services without notice or liability. The Application should not be used or relied upon for storage of photographs and images. Artists are directed to retain their own copies of all Content posted on the Application.
As a condition
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene. You are responsible for maintaining the confidentiality of your password and are solely responsible for all activities resulting from the use of your password and conducted through your account on Walli.
USERS AND ARTISTS CONDUCT
All Content posted or otherwise submitted to the Application is the sole responsibility of the account holder from which such Content originates and Artists acknowledge and agree that they, and not Walli, are entirely responsible for all Content that they post, or otherwise submit to the Application. Walli does not control Artists submitted Content and, as such, does not guarantee the accuracy, integrity or quality of such Content. In consequence, you understand that by using the Application you may be exposed to Content that is offensive, indecent or objectionable.
As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by Walli. By way of example, and not as a limitation, you agree not to use the Services:
- To post or transmit, or cause to be posted or transmitted, any Content that is
libellous, defamatory, obscene, pornographic, abusive, offensive, profane, or that infringes any copyright or other rightof any person;
- To post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Walli user;
- To create or transmit unwanted ‘spam’ to any person or any URL;
- To post copyrighted Content which doesn’t belong to you;
- To artificially inﬂate or alter vote counts, favorites, likes or any other Service or for the purpose of giving or receiving money or other compensation in exchange for votes, or for participating in any other organized effort that in any way artificially alters the results of Services;
- To advertise to, or solicit, any user to buy or sell any products or services, or to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
- To sell or otherwise transfer your profile.
As a condition of use, Artists promise not to use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by Walli. By way of example, and not as a limitation, Artists agree not to use the Services to:
- To abuse, harass, threaten, impersonate or intimidate any person;
- For any purpose (including posting or viewing Content) that is not permitted under the laws of the jurisdiction where you use the Services;
- To create multiple accounts for the purpose of voting for or against artists Content;
- To artificially inflate or alter vote counts, favourites, likes or any other Service or for the purpose of giving or receiving money or other compensation in exchange for votes, or for participating in any other organized effort that in any way artificially alters the results of Services;
- To promote or sell Content of another person
To report a suspected abuse of the Application or a breach of the Terms please send written notice to Walli at email: firstname.lastname@example.org
You are solely responsible for your interactions with other users of the Application. Walli reserves the right, but has no obligation, to monitor disputes between you and other users.
CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
By submitting content to the Application, Artists are granting Walli a worldwide, non exclusive license to use the content and are representing and warranting to Walli that the content is owned or duly licensed by them, and that Walli is authorised to publish, distribute and use the content as hereinafter provided for without obtaining permission or license from any third party.
In consideration of Walli’s agreement to allow Artists to post Content to the Application and Walli’s agreement to publish such Content and for other valuable consideration the receipt and sufficiency of which are hereby expressly and irrevocably acknowledged, Artists agree with Walli as follows:
Artists acknowledge that:
- By uploading photographic or graphic works to Walli they retain full rights to those works that they had prior to uploading.
- By posting Content to the Application they hereby grant to Walli a non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content in connection with the Services. This license will exist for the period during which the Content is posted on the Application and will automatically terminate upon the removal of the Content from the Application ;
- The license granted to Walli includes the right to use the Content fully or partially for promotional reasons and to distribute and redistribute the Content to other parties, websites, applications, and other entities, provided such Content is attributed to the Artists in accordance with the credits (i.e. username, profile picture, photo title, descriptions, tags, and other accompanying information) if any and as appropriate, all as submitted to Walli by the Artists;
- Walli makes no representation and warranty that Content posted on the Application will not be unlawfully copied without the Artist’s consent. Walli does not restrict the ability of users and visitors to the Application to download Content posted on the Application and Artists expressly authorize Walli to permit users and visitors to the Application to make such downloads of their Content; and
- Subject to the terms of the foregoing license, Artists retain full ownership or other rights in their Content and any intellectual property rights or other proprietary rights associated with their Content.
- Artists represent and warrant that:
- They are the owner of all rights, including all copyrights in and to all Content they submit to the Application;
- They have the full and complete right to enter into this agreement and to grant to Walli the rights in the Content herein granted, and that no further permissions are required from, nor payments required to be made to any other person in connection with the use by Walli of the Content as contemplated herein; and
- The Content does not defame any person and does not infringe upon the copyright, moral rights, publicity rights, privacy rights or any other right of any person, or violate any law or judicial or governmental order.
- Artists shall not have any right to terminate the permissions granted herein, nor to seek, obtain, or enforce any injunctive or other equitable relief against Walli, all of which such rights are hereby expressly and irrevocably waived by them in
Walli respects the intellectual property rights of others. It is our policy to respond promptly to any claim that Content posted on the Application infringes the copyright or other intellectual property infringement (“Infringement”) of any person. Walli will use reasonable efforts to investigate notices of alleged Infringement. Walli will take appropriate action under applicable intellectual property law and these Terms where it believes an Infringement has taken place, including removing or disabling access to the Content claimed to be infringing and/or terminating accounts and access to the Application.
To notify Walli of a possible Infringement you must submit your notice in writing to the attention of “Copyright Infringement” care of email@example.com and include in your notice a detailed description of the alleged Infringement to enable Walli to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorney’s’ fees) for misrepresenting that any Content is infringing a copyright.
If we remove or disable access to Content in response to a notice of Infringement, we will make reasonable attempts to contact the Artist who posted the affected Content. If the Artist feel that the Content is not infringing, he may provide Walli with a counter notice in writing to the attention of “Copyright Infringement Counter Notification” at firstname.lastname@example.org The Artist must include in the counter notice sufficient information to enable Walli to make a reasonable determination. Please note that he may be held accountable for damages (including costs and attorney’s’ fees) if he materially
If you are uncertain whether an activity constitutes Infringement, we recommended seeking
LIMITATION OF LIABILITY
In no event shall Walli be liable under contract, tort, strict liability, negligence or other Legal theory with respect to the Application, the Service or any Content for any lost profits or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever.
The Walli application, Walli graphics, logos, designs, button icons, scripts, and service names are registered trademarks or trade dress of Walli. Walli’s trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Walli.