Terms & Conditions
VISITOR TERMS AND CONDITIONS
Before viewing the information and materials offered on this website, www.wynwoodwalls.com (“Website”), please take a minute to ensure that you understand the terms and conditions of our relationship by reading this important information. By using this Website or accessing our Premises (as defined below), you agree to be bound by these terms (“Terms and Conditions” or “Agreement”, as context may require), which constitute a binding agreement between you (“Visitor”, “User” “you”, “your”, or “yours”) and Wynwood Walls, LLC, together with our affiliates (“Wynwood Walls”, “us”, “our” or “ours”).
We reserve the right to update or change these Terms and Conditions at any time and for any reason. By continuing to use this Website, by purchasing any goods or services sold by us or our affiliates, or by accessing our premises, located at 2520 NW 2nd Ave, Miami, FL 33127 or any other property owned or occupied by us or our affiliates (“Premises”), you agree to be bound by these Terms and Conditions and any such revisions. In addition to these Terms and Conditions, you agree to be bound by any other terms, restrictions, rules and regulations as posted on our Website or at the Premises, from time to time.
Purchases, Billing, and Payment
If you elect to purchase any item through our website, such as tickets to access the Premises, you must provide us with current, complete, accurate and authorized payment method information (e.g. credit card information). You authorize us to charge your provided payment method for the goods or services you have selected and for any paid feature(s) that you choose. We may bill: (a) in advance; (b) at the time of purchase; (c) shortly after purchase; or (d) if you have elected a subscription service, on a recurring basis. To the extent Wynwood Walls has not received your payment, in order to bring your account up to date, we may bill you simultaneously for both past due and current amounts. Wynwood Walls uses Cardea as its payment processor. By making any purchase through our Website, you expressly agree to be bound by Cardea’s terms and conditions which can be found on www.cardeacommerce.com.
By using the Website, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms and Conditions; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Website through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Website for any illegal or unauthorized purpose; and (7) your use of the Website will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof).
Copyrights and Use of Content
All of the content contained in this Website and within the Premises — including information, data, text, artwork, graphics, logos, button icons, images, pictures, audio clips, and software (the “Content”) — is protected by United States copyright laws. Except as granted in the limited license below, any other use of this Content, including modification, transmission, presentation, distribution, or republication, is prohibited without the prior written consent of the Wynwood Walls. The copyright of the Content and other proprietary rights, such as the ownership rights to all artwork displayed, are held by the Wynwood Walls or other entities and individuals.
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.
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 email@example.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.
Limited, Non-Exclusive, Non-Transferable, Revocable License
You may display and — subject to any expressly stated restrictions or limitations relating to specific material as may be posted on the Website or otherwise known to you — download portions of the material from the various locations on the Wynwood Walls solely for your non-commercial use, provided that you do not alter or modify the content in any way and that you maintain any notices contained in the content, such as all copyright notices, trademark legends, or other proprietary rights notices. The limited license granted by these Terms and Conditions is non-exclusive and nontransferable.
Fair Use Permitted
In addition to the above license, “fair use” (as defined by U.S. copyright laws) of the Content is also permitted. Fair use of copyrighted material includes the use of protected materials for noncommercial, educational purposes, such as teaching, scholarship, research, criticism, commentary, and news reporting. However, you must cite (refer to) the author and source of this material as you would material from any printed work.
Commercial Use Restricted
Unauthorized commercial copying, redistribution, publication, or exploitation of the Wynwood Walls’s material, artwork and the Content is prohibited, whether such Content is viewable by you through the Website or directly in the Premises. If you would like to use any of these materials or Content for commercial use, publication, or any other non-fair-use purpose, please contact the Wynwood Walls at firstname.lastname@example.org.
You agree that in the event of a breach of these Terms and Conditions, monetary damages may be insufficient to compensate the Wynwood Walls for the harm done to it, and that the Wynwood Walls will consequently be entitled to seek a temporary restraining order, injunction, or other form of equitable relief against the continuance of such breach, in addition to any and all remedies to which the Wynwood Walls will be entitled, both at law and in equity.
Termination of License
If you violate any of these Terms and Conditions, your permission to use the Content of this Website will automatically terminate, and you must immediately destroy any copies you have made of any portion of the Content. In addition, the limited license granted herein by the Wynwood Walls may be terminated at any time and for any reason or for no reason, without cause or notice.
The Wynwood Walls does not warrant that use of the Content will not infringe the rights of third parties not owned by or affiliated with the Wynwood Walls. As disclosed above, copyrights in some of the Content is owned by other individuals and entities.
All trademarks, trade names, and service marks of the Wynwood Walls and its affiliates, whether registered or unregistered, are the property of the Wynwood Walls and are protected by United States trademark laws. Except as granted in the limited license above, any use of these assets is prohibited without the prior written consent of the Wynwood Walls, which may be withheld in its sole and absolute discretion. All other trademarks, product names, and company names or logos cited herein are the property of their respective owners.
Links to Third-Party Websites
We, our affiliates, or contracted third parties may also offer new, updated or additional services (“Additional Services”) through the Services from time to time. Your use of those Additional Services will be governed by the terms of this Agreement, but may also be subject to additional terms and conditions, which will be posted from time to time and with which Users must comply. By continuing to use our Website, you expressly consent to any additional terms and conditions associated with the Additional Services.
There may be information on the Website that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Website at any time, without prior notice.
ALL SERVICES AND MATERIALS OBTAINED THROUGH THE WEBSITE, INCLUDING ALL TEXT, GRAPHICS, LINKS, ANIMATION, JAVA SCRIPT, AND “COOKIES,” ARE PROVIDED “AS IS.” WYNWOOD WALLS DISCLAIMS ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE GOODS, SERVICES AND INFORMATION CONTAINED ON OR MADE AVAILABLE THROUGH THIS WEBSITE.
In no event will the Wynwood Walls be liable for any damages caused by an act or omission of you or any third party. The Wynwood Walls will have no liability for damages to your computer or other property resulting from the use of or the downloading of materials from this Website.
To the extent not prohibited by law, you agree to defend Wynwood Walls against any cost, loss, damage, or other liability arising from any third party demand or claim that any User 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 Wynwood Walls’s actions); or (b) violates applicable law or another provision of this Agreement. Wynwood Walls will reasonably notify you of any such claim or demand that is subject to your indemnification obligation of which it becomes aware.
Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL YOU OR WYNWOOD WALLS AND ITS AFFILIATES, RESELLERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR LICENSORS BE LIABLE FOR: ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, REVENUE, GOODWILL, USE OR CONTENT) HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, BUSINESS INTERRUPTION, LOSS OF OPPORTUNITY, WARRANTY, NEGLIGENCE OR OTHERWISE, EVEN IF YOU HAVE BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.
THE AGGREGATE LIABILITY WYNWOOD WALLS AND ITS AFFILIATES, OFFICERS, RESELLERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS ARISING UNDER THIS AGREEMENT, WILL BE LIMITED TO THE GREATER OF (A) THE AMOUNT PAID TO WYNWOOD WALLS IN THE PRECEDING SIX (6) MONTHS OR (B) ONE HUNDRED ($100.00) DOLLARS. THE LIMITATIONS AND EXCLUSIONS ALSO APPLY IF THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE.
THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES WILL NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY APPLICABLE LAW. IN JURISDICTIONS WHERE THE ABOVE TYPES OF EXCLUSIONS AND LIMITATIONS ARE NOT ALLOWED, WE ARE RESPONSIBLE TO YOU ONLY FOR LOSSES AND DAMAGES THAT ARE A REASONABLY FORESEEABLE RESULT OF OUR FAILURE TO USE REASONABLE SKILL AND CARE OR OUR BREACH OF OUR AGREEMENT WITH YOU. NOTHING IN THESE TERMS AFFECTS CONSUMER RIGHTS THAT CANNOT BY LAW BE WAIVED OR LIMITED BY ANY CONTRACT OR AGREEMENT.
THE PROVISIONS OF THIS “LIMITATION OF LIABILITY” SECTION ALLOCATES THE RISKS UNDER THIS AGREEMENT BETWEEN YOU AND WYNWOOD WALLS, AND YOU AND WYNWOOD WALLS HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS AGREEMENT AND THE PRICING FOR ANY GOODS OR SERVICES OFFERED BY US.
This Agreement is made under and will be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles that provide for the application of the law of another jurisdiction. Venue for any dispute arising hereunder shall be exclusively in the courts of Miami-Dade County, Florida and you expressly and irrevocably consent to the jurisdiction of said courts.
EACH PARTY HERETO ALSO HEREBY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS AGREEMENT (WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY). EACH PARTY HERETO (A) CERTIFIES THAT NO REPRESENTATIVE, AGENT OR ATTORNEY OF ANY OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PARTY WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVER AND (B) ACKNOWLEDGES THAT IT AND THE OTHER PARTIES HERETO HAVE BEEN INDUCED TO ENTER INTO THIS AGREEMENT BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION.
The failure of Wynwood Walls to insist upon or enforce strict performance of any of the provisions of this Agreement, or to exercise any rights or remedies under this Agreement, will not be construed as a waiver or relinquishment to any extent of such right to assert or rely upon any such provision, right or remedy in that or any other instance; rather, the same will remain in full force and effect, unless expressly waived in writing.
Severability; Entire Agreement
Assignments and Transfers
Wynwood Walls may assign, transfer, or otherwise dispose our rights and obligations under this contract, in whole or in part, at any time without notice. You may not assign this Agreement, or any rights granted herein, unless we provide written consent for you to do so.
Changes to this Agreement
This Agreement is subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any) and/or by prominently posting notice of the changes to our website. Any significant changes to this Agreement will be effective thirty (30) days after posting such notice. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice.
Last Updated: July 2021