Last Updated: August 10, 2018
These terms constitute an agreement between Whimpressions Media, LLC, located at 929 N Howe St, Chicago, IL 60610, USA, and you governing your use and our provision of the Spreshies Sticker Packs on which these terms are posted. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SPRESHIES STICKER PACKS.
NOTHING IN THESE TERMS IS INTENDED TO AFFECT YOUR RIGHTS UNDER THE LAW IN YOUR USUAL PLACE OF RESIDENCE. IF THERE IS A CONFLICT BETWEEN THOSE RIGHTS AND THESE TERMS, YOUR RIGHTS UNDER APPLICABLE LOCAL LAW WILL PREVAIL.
Spreshies Sticker Packs
Spreshies Sticker Packs are the copyrighted property of Whimpressions Media, LLC. All trademarks, trade names, trade dress and other intellectual property rights in the Spreshies Sticker Packs are owned entirely by us. Unless we specifically agree in writing, no part of the Spreshies Sticker Packs may be used or exploited in any other way than as part of the Spreshies Sticker Packs offered to you. Although you may own the physical device and/or media upon which Spreshies Sticker Packs are delivered to you and installed, we retain full and complete ownership of the Spreshies Sticker Packs. We do not transfer title to any portion of the Spreshies Sticker Packs to you.
CONTENT AND SOFTWARE LICENSE
We grant you a limited, non-exclusive, non-sublicensable, non-transferable license to access and use Spreshies Sticker Packs content owned by us for your personal, noncommercial use only.
You may not circumvent or disable any content protection system or digital rights management technology used with any Spreshies Sticker Packs; decompile, reverse engineer, disassemble or otherwise reduce any Spreshies Sticker Packs to a human-readable form; remove identification, copyright or other proprietary notices; or access or use any Spreshies Sticker Packs in an unlawful or unauthorized manner or in a manner that suggests an association with our products, services or brands. You may not access or use any Spreshies Sticker Packs in violation of United States export control and economic sanctions requirements. By acquiring Spreshies Sticker Packs, you represent and warrant that your access to and use of Spreshies Sticker Packs will comply with those requirements.
You understand that Spreshies Sticker Packs may evolve over time. Therefore, we may require you to accept updates to Spreshies Sticker Packs that you have installed on your device. You acknowledge and agree that we may update Spreshies Sticker Packs with or without notifying you and that an update may be required by you to continue your use of Spreshies Sticker Packs. You may need to update third-party software at times to use Spreshies Sticker Packs. We may also remove or modify stickers at our sole discretion. Any future release, update or other addition to Spreshies Sticker Packs shall be subject to these Terms.
You acknowledge and agree that Spreshies Sticker Packs require a physical device running third-party software such as an operating system, text messaging application, and virtual keyboard that support the use of sticker packs. We do not control these third-party dependencies. You may be required to download supporting third-party software in order for you to use Spreshies Sticker Packs on your device.
DISCLAIMERS AND LIMITATION ON LIABILITY
THE SPRESHIES STICKER PACKS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES NOT EXPRESSLY SET OUT IN THESE TERMS.
WE SHALL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS AND PROPERTY DAMAGE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED FIFTY U.S. DOLLARS (US $50).
THESE DISCLAIMERS AND LIMITATIONS DO NOT AFFECT YOUR RIGHTS AS A CONSUMER OR PURPORT TO LIMIT LIABILITY THAT CANNOT BE EXCLUDED UNDER THE LAW IN YOUR USUAL PLACE OF RESIDENCE.
2. Third-Party Services
If you access Spreshies Sticker Packs using an Apple iOS or Android-powered device, Apple Inc. and its subsidiaries, or Google, Inc. and its subsidiaries, respectively, shall be a third-party beneficiary to this contract. However, these third-party beneficiaries are not a party to this contract and are not responsible for the provision or support of Spreshies Sticker Packs. You agree that your access to Spreshies Sticker Packs using these devices also shall be subject to the usage terms set forth in the applicable third-party beneficiary’s terms of service. The applicable third-party beneficiaries will have the right (and will be deemed to have accepted the right) to enforce the Agreement against you as a third party beneficiary thereof.
STICKER PACKS DOWNLOADED FROM THE APPLE APP STORE
(a) You acknowledge and agree that (i) this Agreement is concluded between you and Whimpressions Media, LLC only, and not Apple, and (ii) Whimpressions Media, LLC, not Apple, is solely responsible for the App Store Sourced Sticker Pack and content thereof.
(b) In the event of any failure of the App Store Sourced Sticker Pack to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Sticker Pack to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Sticker Pack. As between Whimpressions Media, LLC and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Whimpressions Media, LLC.
(c) You and Whimpressions Media, LLC acknowledge that, as between Whimpressions Media, LLC and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Sticker Pack or your possession and use of the App Store Sourced Sticker Pack, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Sticker Pack fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
(d) You and Whimpressions Media, LLC acknowledge that, in the event of any third-party claim that the App Store Sourced App or your possession and use of that App Store Sourced Sticker Pack infringes that third party's intellectual property rights, as between Whimpressions Media, LLC and Apple, Whimpressions Media, LLC, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Agreement.
(e) You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
3. Additional Provisions
QUESTIONS, COMPLAINTS, CLAIMS
Please direct any questions, complaints or claims with respect to Spreshies Sticker Packs to: [firstname.lastname@example.org].
BASIS OF THE BARGAIN
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN WHIMPRESSIONS MEDIA, LLC AND YOU.
To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and Whimpressions Media, LLC agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in the state or federal courts located in Cook County, Illinois.
These Terms and any action related to them will be governed and interpreted by and under the laws of the State of Illinois without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
Any waiver or failure to enforce any provision of the Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
The provisions of these terms which by their nature should survive the termination of these terms shall survive such termination.