By purchasing a personalized video or audio message (a “Wallygram”) from Planet Wallywood, Inc.(“Planet Wallywood” or “us” or “we”) you are expressly agreeing to our terms and conditions (“Legal Terms & Conditions” or “Agreement”); and you also represent you are over the age of 18 and have authority to enter into this Agreement. Please read this Agreement carefully before purchasing a Wallygram, as this is a legally binding document.
All worldwide intellectual property (“IP”) rights, including without limitation all copyrights, associated with the Wallygram, are the sole and exclusive property of Planet Wallywood (and/or Wally Wingert). The fee you pay is for the creation of the Wallygram; and you understand you are not being granted any rights whatsoever to the Wallygram or the content therein, including without limitation ownership rights.
That means you may not share or exhibit the Wallygram, including without limitation any advice or information provided therein, with anyone other than yourself and the intended recipient (if any). You agree not to share or exhibit the Wallygram in any manner whatsoever online, including without limitation on any websites, social media, YouTube, and/or other platforms. You also agree not to upload the Wallygram into any AI software or platform and understand that any type of AI manipulation is strictly prohibited. You will also let the recipient of the Wallygram (if any) know about these restrictions. If you (or the recipient) of the Wallygram violate any of these restrictions, you will be in breach of this Agreement; and in addition to any and all other legal remedies and damages, we will have the right to go to court in any jurisdiction and get an injunction without the requirement of posting bond. You will be responsible for, and hold us harmless against, any and all claims arising from your (or the recipient’s) use of the Wallygram.
Once a purchase is made, no refunds will be granted. You agree not to process a chargeback for any reason. You acknowledge you have no expectation of confidentiality with your submission, and we may use the Wallygram created for you for marketing purposes without permission or compensation to you. Any purchase is done at your own risk; the Wallygram is being provided “AS IS” and without any warranties of any kind. We will not be responsible for any direct, indirect, incidental, punitive, or consequential losses or damages for any reason arising out of your use of, or inability to use, the Wallygram. Notwithstanding anything herein, our maximum liability will be the amount you have paid to us for the Wallygram.
We will need to collect certain personal information to fulfill your request, including without limitation, your name, e-mail address, physical address, telephone number, credit card number. We use a third party payment processor, and you agree to review their legal policies and will not hold us responsible for
same. We will not sell your information. By submitting your information, you are agreeing to communications with us, as well as signing up for our e-mail list. You may opt out at any time or ask about how we handle your information by e-mailing us @ wallywingertmail@gmail.com with your specific opt out or request for information.
This Agreement is the entire agreement between us; it shall be governed by California law without regard to conflicts of law provisions; you have up to 1 year from purchase date to make any claims, such claims to be exclusively handled through binding arbitration in Los Angeles County, CA, USA. We may modify this Agreement from time to time with written notice to you via e-mail, and you agree to any modifications.
© Planet Wallywood, Inc. All Rights Reserved.