Barewalls, Inc. Website Terms of Use

WEBSITE OWNERSHIP

Company owns and operates this Website. All elements of this website, which include the content, images, text, specifications and any other metadata, and foreign translations (“Content”) as well as the design of this website are owned by Company or its content providers, which is protected by copyright, trademark, trade dress, moral rights and other US and international laws or treaties relating to intellectual property.

The Content remains the property of Company, the Content supplier, the copyright holder, or owner of such Content, unless specifically stated otherwise. All rights not specifically granted to Customer are reserved for the copyright holder and Content supplier. Unless you obtain express written consent from Company or the copyright holder, you may not copy, distribute, reproduce, create derivative works, publicly display or perform, republish, upload, post on any website, translate, transmit, modify, or commercially exploit any portion of the Art. You do not acquire any right, title, or interest in or to any Content other than the right to retain, for personal use, the physical Art once received, unless specifically stated otherwise on the Website or as provided by Company in writing.

TRADEMARKS

The look and feel of the Website, including all elements of the design, is the service mark, trademark, and/or trade dress of Company and may not be copied, imitated or used, in whole or in part, without prior written permission from Company. In addition, you may not use Company’s or any of its content suppliers, trademarks or trade names, including “Barewalls”, without Company’s prior written consent. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by Company.

Pricing

Company strives to provide accurate pricing on the Website, however, Company does not represent or warrant that the pricing is accurate. If the Website does not reflect a price change that was in effect when you placed your order, and the updated price is higher than the price listed on the Website, your sole remedy is to cancel your order.

Use of this Website, Content, and Ordering Art

This Website and its Contents are intended for use by Company’s customers. You may not use the Website for any purpose unrelated with your business with Company. In using the Website, you represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, copyright, trademark, other intellectual property law, data, e-mail, privacy, and the transmission of technical data exported from the United States or the country in which you reside.

The Content on this Website is not intended for minors. It spans a wide variety of genres and time periods and may include nudity, may be sexual in nature, or may include other content that could be considered offensive to some people. If such content is offensive to you in any way, you should not use this Website. Company makes no warranties and grants no rights with reference to the use of people, likenesses, names, trademarks, trade dress, registered, unregistered or copyrighted designs or works of art or architecture portrayed in any Content or Art. It is your sole responsibility to determine if you need any additional permissions or releases in connection with any proposed use of the Content or Art. Art is intended solely for Customer’s personal use as artwork. Company, in its sole discretion, may cancel or reject any order, and your sole remedy for any such cancellation or rejection is to get a refund for the amount you paid for such order.

Prohibited Use of Website and Content

You are prohibited from any of the following uses, and therefore may not:

• Remove, alter or change any copyright information or other notices or metadata associated with the Content;
• Download, copy, or re-transmit any or all of the Website or the Content without, or in violation of, a written license or agreement with Company;
• Use any data mining, robots or similar data and/or image gathering or extraction technology or algorithms to crawl, scrape or monitor the Website or seek information on Website Visitor’s or Company’s customers;
• Manipulate or otherwise display the Website or the Content by using framing or similar navigational technology;
• Circumvent any Website restrictions or measures to limit access to the Website;
• Register or attempt to register for any products or services offered by the Company if you are not authorized by the party to do so;
• Use any Content or Art as a trademark, trade dress, logo, or in any other way that would imply endorsement, sponsorship, or partnership;
• Disclose, sell or trade any password to restricted areas of the Website or allow any third party to have access to your password; and
• Interfere in any manner, whether technological or otherwise with the function of the Website or and services offered by Company.

Notification of Copyright Infringement

In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, Company may terminate, at Company’s sole discretion and in appropriate circumstances, the account of any party that infringes upon the intellectual property rights of Company or any of its Content suppliers.

If you believe that any Content or material on the Website infringes upon a copyright that you own or control, you may submit notice of such infringement pursuant to the DMCA by providing to our designated DMCA copyright agent a written notification containing the following information (see 17 U.S.C. 512(c)(3) for further details):

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material (including the image number(s) of the material).
4. Information reasonably sufficient to permit Company to contact the complaining party, such as an address, telephone number, and email address at which the complaining party may be contacted.
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you believe your material has been removed from the Website by mistake or misidentification, please provide Company with a written counter-notification with the following information:

1. Your contact information, including your name, address, and telephone number.
2. The location on the Website where the content had appeared, including the image number(s) and a description of the content.
3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of a mistake or based on misidentification.
4. A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, any judicial district in which the owner may be found (which includes the United States District Court for the Eastern District of Wisconsin), and that you will accept service of process from the person who filed the original DMCA notice or an agent of that person.
5. Your signature (electronic or physical).

Please note: per Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing shall be liable for any damages, including costs and attorneys’ fees.

Company’s DMCA copyright agent designated to receive notification of claimed infringement:

Attn: DMCA Copyright Agent
Barewalls, Inc.
10936 N Port Washington Rd #179
Mequon, WI 53092
Tel: 800-771-2893
Email: dmca@barewalls.com

Custom Upload

Any content uploaded, posted, or otherwise transmitted to the Website by you, including but not limited to photographs, images, graphics, illustrations, animations, clipart, text, fonts, data, and other material, collectively referred to as “User Submitted Content”, is subject to the following additional terms and conditions.

1. You represent and warrant that:
   1. you own all proprietary rights, including copyright, to the User Submitted Content; and
   2. the User Submitted Content:
      1. does not infringe upon or misappropriate on any third party rights, including but not limited to any copyright, trademark, property rights, personal rights, common law rights, rights or privacy or publicity or other rights of any third party;
      2. does not contain nudity of any kind;
      3. is not libelous, obscene, pornographic, offensive, defamatory, abusive, or threatening;
      4. does not depict or contain hatred, social or racial intolerance, visible violence, or discrimination of any kind;
      5. is not exploitative of children;
      6. does not depict or contain illegal drugs or the corresponding paraphernalia;
      7. does not contain any type of defamatory or disparaging language, sexually explicit language, or excessive profanity;
      8. does not contain viruses, Trojan horses, time bombs, worms, malicious script or other contaminating or destructive features; and
      9. does not violate any applicable law and is not otherwise illegal.
2. Company may in its sole discretion:
   1. filter any User Submitted Content;
   2. refuse to use any User Submitted Content, including, without limitation, processing or shipping any order;
   3. remove any User Submitted Content if Company determines that it violates Company’s terms; and
   4. place restrictions on or terminate your use of the Website and/or of your account.
3. You agree that Company is not responsible for, and will have no liability for, the removal, non-removal, or loss of any User Submitted Content from the Website. You are responsible for keeping the original copy of your User Submitted Content.

Indemnity

You agree to defend, indemnify and hold Company, its directors, officers, members, employees, content providers, the copyright holder, agents, attorneys, affiliates, and successors harmless from and against any and all claims, demands, losses, liabilities, damages, costs and expenses, including without limitation reasonable attorney's fees and costs, brought or threatened by a third party against Company arising out of or related to your use of Content, any breach of this Website agreement, or inaccuracy of any representation or warranty made by you, your violation of any rights of another, or any activity related to the use of your account whether by you or any other party.

General Disclaimers

THIS WEBSITE AND THE CONTENT ARE PROVIDED "AS IS" AND COMPANY AND ITS DIRECTORS, EMPLOYEES, CONTENT PROVIDERS, AGENTS AND AFFILIATES EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE OR THE CONTENT, OR THE UNAVAILABILITY OF THE WEBSITE OR CONTENT, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, AND DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON OR IN THE MATERIALS OF THIS WEBSITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT COMPANY, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS WEBSITE OR THE CONTENT. WE MAKE NO WARRANTY THAT THE WEBSITE OR THE CONTENT IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES. YOU ARE RESONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTURE OF YOUR USE OF THE WEBSITE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS WEBSITE AND THE ACCURACY, ADEQUACY, COMPLETENESS, VALIDITY AND QUALITY OF ANY IMAGE AND INFORMATION IS WITH YOU, THE USER. YOU MAY HAVE ADDITIONAL RIGHTS UNDER SOME STATE LAWS.

Some US states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.

Limitation of Liability

IN NO EVENT SHALL COMPANY, ITS DIRECTORS, MEMBERS, EMPLOYEES, CONTENT SUPPLIERS OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE, THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM COMPANY, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO COMPANY' RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF COMPANY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE WEBSITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO COMPANY FOR ACCESS OR USE OF THE WEBSITE.

COMPANY GIVES NO RIGHTS OR WARRANTIES WITH RESPECT TO THE USE OF NAMES, TRADEMARK, LOGO TYPES, REGISTERED OR COPYRIGHTED DESIGNS OR WORKS OF ART DEPICTED IN ANY CONTENT, AND THE CUSTOMER MUST SATISFY ITSELF THAT ALL NECESSARY RIGHTS, CONSENTS OR PERMISSION AS MAY BE REQUIRED FOR REPRODUCTION ARE SECURED. COMPANY OR ITS CONTENT SUPPLIERS USED REASONABLE EFFORTS TO ENSURE THE ACCURACY OF THE CAPTION, RELEASE, AND KEYWORDING INFORMATION OF THE CONTENT, BUT SHALL NOT BE HELD RESPONSIBLE FOR ERRONEOUS OR INCOMPLETE CAPTION, RELEASE, OR KEYWORDING INFORMATION.

COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES THAT DESCRIPTIONS OF ANY CONTENT OR ART IS ACCURATE OR TO BE RELIED UPON. IF YOU RECEIVE ART FROM US THAT IS NOT AS DESCRIBED, YOUR SOLE REMEDY IS TO RETURN SUCH ART IN NEW CONDITION FOR A REPLACEMENT, CREDIT, OR REFUND.

COMPANY SHALL NOT BE HELD LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION THE COST TO OBTAIN A REPLACEMENT, WHICH MAY OCCUR AS A RESULT OF TECHNICAL INACCURACIES, LATE DELIVERY, UNAVAILABILITY, OR THE UNSUITABILITY OF THE ART.

Unauthorized Use Fee

Any use of Company or its Content Supplier’s Content in a manner not expressly authorized by this Agreement or in breach of a term of this Agreement constitutes copyright infringement, entitling Company to exercise all rights and remedies available to it under copyright laws around the world. Licensee shall be responsible for any damages resulting from any such copyright infringement, including any claims by a third party.

Jurisdiction Dispute Resolution and Attorney's Fees

This Agreement shall be interpreted under and governed by the laws of the State of Wisconsin, U.S.A., without reference to its laws relating to conflicts of law. Any dispute, claim, or controversy between the parties arising out of or related to this Agreement shall be settled by confidential arbitration by a single commercial arbitrator with at least 15 years’ experience in issues relating to the area that is the subject of the dispute (e.g. at least 15 years’ experience in copyright law for a copyright matter), in Waukesha, Wisconsin, in English, pursuant to the commercial rules of the American Arbitration Association then in effect, except as they may be modified in this Contract or by mutual agreement of the parties. The award rendered by the arbitrator shall be binding as between the parties and judgment on such award shall be entered in the highest court of the forum, Provincial or Federal, having jurisdiction. The parties acknowledge that the choice of law and dispute resolution constitute part of the valuable consideration and inducement for Customer entering into this Contract. The parties agree, to the extent that it would otherwise apply, to exclude the application of the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly disclaimed. Company shall additionally have the right to initiate and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief against you if, in Company’s opinion, such action is necessary or desirable. If Company is caused to present claims as a result of any breach of the terms set forth herein, it shall be made whole by Customer for the related fees or costs. Any disputes by Customer about commissions owed shall be brought within one (1) year from the date of customer order. You agree that this Agreement, as well as any other documents shall be written in the English language. In any dispute between Company and you, Company shall be entitled to recover its reasonable attorneys’ fees, legal expert fees, and other legal expenses from you.

YOU AND COMPANY AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE ARISING HEREUNDER WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT YOU WILL NOT SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU ACT OR PROPOSE TO ACT IN A REPRESENTATIVE CAPACITY. YOU FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF COMPANY AND ALL PARTIES TO ANY SUCH PROCEEDING.

Miscellaneous

This Agreement (along with Company’s Privacy Policy and any other agreement) constitutes the entire agreement between the parties with respect to the subject matter. No action of Company, other than the express or written waiver or amendment, may be construed as a waiver or amendment of this Agreement. This Agreement may only be modified by a written agreement signed by duly authorized representatives of Company, and no purchase order or similar document issued by you shall modify this Agreement, even if signed by Company. The parties agree that if any provisions are deemed not enforceable, they shall be deemed modified to the extent necessary to make them enforceable and in such manner as comes closest to the intentions of the parties to this Agreement as is possible. This Agreement will inure to the benefit of and be binding upon the parties, their successors and assigns, except that you may not assign or transfer this Agreement without Company’s prior written consent.

© 2025 Barewalls, Inc. All rights reserved.
Revision date: November 25, 2019