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Terms & Conditions

INTRODUCTION

Welcome to Tweed Wolf! By visiting, using or accessing www.TweedWolf.com (the “Site”), you are signifying your acceptance of these terms and conditions of use (“Terms”) and our Privacy Policy, which is incorporated herein by reference. Any products ordered or services used through our Site are also governed by these Terms. The Site is owned and operated by Tweed Wolf, LLC (“Tweed Wolf,” “we,” “us” or “our”). Please read these Terms and Conditions fully so that you are aware of the appropriate conduct for and use of our Site.

YOUR MEMBER ACCOUNT

You may create a member account with our Site by registering your name, providing requested information, and creating a password. You agree that you will provide complete, current and accurate information about yourself as requested, and that you will keep that information updated. You are responsible for protecting the privacy of your username and password that you create to access your member account on our Site. You agree that you will not disclose your username or password to any third party. YOU AGREE THAT YOU ARE SOLELY AND FULLY RESPONSIBLE FOR ANY ACTIVITIES OR ACTIONS TAKEN UNDER YOUR ACCOUNT, WHETHER OR NOT YOU HAVE AUTHORIZED SUCH ACTIVITIES OR ACTIONS. You will notify us immediately of any unauthorized use of your member account on our Site.

If you would like to create a member account with our Site, you must be at least 13 years old. By creating a member account, you represent and warrant to us that you are at least 13 years old. If you are not at least 13 years old, please do not create an account with our Site. Either you or we may terminate your access to our Site and to your account at any time, with or without cause, and with or without prior notice. Without limiting the foregoing, we may terminate your access if you violate these Terms. If your access is terminated for any reason, your right to access and/or use our Site will immediately cease. Upon termination, you will have no further access to any information, files or materials in or related to your account, including, without limitation, any User Submitted Materials (defined below). Furthermore, if your access is terminated, Tweed Wolf may delete all information, files and materials related to your account, including any User Submitted Materials, and we will have no obligation whatsoever to save or make any such information, files or materials available to you. You agree that we will have no liability whatsoever to you or any other party as a result of terminating your access to our Site and to your account and/or as a result of the removal of any information, files or materials in or related to your account.

YOUR USE OF OUR SITE

You agree to access and use our Site solely for personal, noncommercial purposes. Except as specifically authorized hereunder, our Site or any portion thereof may not be reproduced, duplicated, copied, sold, resold, publicly displayed, visited, adapted, modified transmitted, reverse-engineered, have derivative works created thereof or otherwise exploited for any commercial purpose without our prior written authorization. We reserve the right to change or discontinue our Site, in whole or in part, at any time in our sole discretion. Subject to and conditioned upon your agreement to these Terms, we grant to you a non-exclusive, non-transferable, limited right and license, without right of sublicense, to access and use our Site, including any images, text, graphics, sounds, data, links and other materials incorporated into our Site (other than your User Submitted Materials as defined below), solely as made available by us and solely for your own personal use. While using our Site, you agree not to:

• Defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including, without limitation, others' privacy rights or rights of publicity;

• Restrict or prevent any other user from using our Site, including, without limitation, by means of "hacking" or defacing any portion of our Site;

• Impersonate any person or entity or use any fraudulent, deceptive or inaccurate contact information, including e-mail address;

• Violate any applicable laws or regulations;

• Transmit any software or other materials that contain any viruses, worms, trojan horses, defects, or other destructive items;

• Engage in spamming;

• Upload to, transmit through, or display on our Site (a) any confidential, proprietary or trade secret information of any third party; (b) any material that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party's intellectual property or other rights; or (c) any advertisements, solicitations, chain letters, investment opportunities, pyramid schemes, or other unsolicited commercial communication (except as otherwise expressly permitted by us);

• Remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of our Site.

If you fail to comply with the above rules, such failure will be considered a violation of these Terms, and, in addition to any other rights or remedies we may have, we may immediately discontinue your access to and use of our Site.

USER SUBMITTED MATERIALS

Any materials submitted by you, including, without limitation, photographs, images, text, graphics and other materials (collectively, "User Submitted Materials") are subject to the following terms and conditions:

• You will maintain ownership of such User Submitted Materials, and you grant us and our designees a worldwide, non-exclusive, transferable, royalty-free, perpetual irrevocable right and license, with right of sublicense (through multiple tiers), to use, reproduce, distribute (through multiple tiers), create derivative works of and publicly display such User Submitted Materials solely in connection with the production or provision of any product or service requested by you or to demonstrate how your User Submitted Materials would appear in our products or services. For example, when you place an order for one of our products, we will prepare, alter (if necessary), and transmit the User Submitted Materials for production, packaging and shipment. Similarly, if you want to share a photo book with your friends and family by offering them the option to order and purchase a copy, we will accommodate your request by making your project available to your friends and family to view and/or to purchase for themselves’.

• Please note that, while you preserve ownership of your User Submitted Materials, any template or layout that we use to arrange or organize such User Submitted Materials through tools and features made available through our Site are not proprietary to you, and all right, title and interest to such template or layout will remain with us.

• You represent and warrant that you are the owner of or otherwise hold all necessary rights with respect to the User Submitted Materials, and that the User Submitted Materials do not and will not infringe, misappropriate, use or disclose without permission or otherwise infringe any copyright, trade secret right or other intellectual property or other property right of any third party, and that the User Submitted Materials are not unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable.

• The Service is protected by U.S. and international copyright laws and by other applicable laws. You may not Process any User Submitted Materials owned by another party without the written agreement of the owner of such User Submitted Materials. You are solely responsible for any copyright violations that you may incur as a result of your actions on the Service.

• You agree to the use of your likeness, and you have attained the written consent, release, and/or permission of every identifiable individual who appears in User Submitted Materials to use such individual's likeness, for purposes of using and otherwise exploiting the User Submitted Materials in the manner contemplated by these Terms, or, if any such identifiable individual is under the age of eighteen (18), you have obtained such written consent, release and/or permission from such individual's parent or guardian (and you agree to provide to us a copy of any such consents, releases and/or permissions upon our request). If you do submit a submission that contains the likeness of an identifiable individual under the age of eighteen (18), we strongly encourage you not to include any identifying information (such as the individual's name or address) with such User Submitted Materials.

• You agree that we may (but are not obligated to) filter any User Submitted Materials (including, without limitation, deleting or replacing expletives or other harmful or offensive language), refuse to use any User Submitted Materials (including, without limitation, suspending processing and shipping of any order relating to any User Submitted Materials) and/or disclose any User Submitted Materials and the circumstances surrounding the use thereof, to any third party in order to provide the relevant products or services, to enforce these Terms or to fulfill any legal obligations or governmental requests.

• Without limiting any of your other indemnification obligations contained herein, you agree to indemnify and hold us, our directors, officers, shareholders, employees, contractors, agents, representatives, affiliates, and third party users harmless from and against any and all claims, causes of action, liabilities, damages, losses, expenses and costs (including, without limitation, attorneys' fees) that arise directly or indirectly out of or from: (i) your violation of these Terms, any other agreement or terms of use with us, any representation or warranty contained herein or therein or any applicable law; (ii) your behavior in connection with obtaining any products or services from us; (iii) your User Submitted Materials; or (iv) any activity related to access to or use of your account by you or any other person.

• User Submitted Materials that violate these Terms may be removed from our Site; provided, however, that we are not obligated to remove User Submitted Materials in response to user reports or requests. We are not responsible or liable for the removal or non-removal of any User Submitted Materials from our Site. We strongly urge you to keep back-up copies of your User Submitted Materials on your hard drive or other personal system.

COPYRIGHT

While we are not required to review User Submitted Materials for copyright infringement, we are committed to protecting copyrights and expect users of our Site to do the same. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that content appearing on the Internet infringes their rights under U.S. copyright law. If you think in good faith that any content used or presented on or through our Site infringes your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it restricted. The notice must contain the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on our Site; (c) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works are covered by a single notification, a representative list of such works); (d) 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; (e) the name, address, telephone number and email address (if available) of the complaining party; and (f) 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 in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.copyright.gov for details. DMCA notices and counter-notices regarding our Site should be sent to: DMCA_Notices@tweedwolf.com

LIMITED LIABILITY

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NEITHER WE NOR ANY OF OUR DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES, OR AFFILIATES (THE "TWEED WOLF PARTIES") SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, PROFITS, USE OR DATA), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE AND STRICT LIABILITY) OR ANY OTHER LEGAL THEORY, EVEN IF THE TWEED WOLF PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR RELATING IN ANY WAY TO OUR PROVISION OF (OR FAILURE TO PROVIDE) PRODUCTS OR SERVICES, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS OR DATA, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT THE TWEED WOLF PARTIES ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHERMORE, THE TWEED WOLF PARTIES WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH PRODUCTS IS TO OBTAIN A REFUND, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH SERVICES IS TO STOP USING THE SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE MAXIMUM LIABILITY OF THE TWEED WOLF PARTIES ARISING OUT OF OR RELATING IN ANY WAY TO OUR PROVISION OF (OR FAILURE TO PROVIDE) PRODUCTS OR SERVICES SHALL BE THE ACTUAL PRICE PAID THEREFORE BY YOU. NOTE: CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

INDEMNITY

YOU WILL INDEMNIFY, DEFEND AND HOLD HARMLESS TWEED WOLF, INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, LICENSORS, SUPPLIERS, INFORMATION PROVIDERS, AND AGENTS (COLLECTIVELY "TWEED WOLF AFFILIATES") FROM AND AGAINST ALL LOSSES, CLAIMS, LIABILITIES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OR ANY ACTIVITY RELATED TO THE SERVICE (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR BY ANY OTHER PERSON ACCESSING THE SERVICE AS YOUR INVITEE, SUCH AS BY USING YOUR ACCOUNT.

DISCLAIMER OF WARRANTIES

EXCEPT FOR THE EXPRESS WARRANTIES CONTAINED IN THESE TERMS, OUR PRODUCTS AND SERVICES, INCLUDING ALL MATERIALS INCORPORATED THEREIN, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE AND OUR DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. NOTE: CERTAIN APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. NO STATEMENT OF OURS OR ANY OF OUR DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES AND AFFILIATES SHALL CREATE ANY WARRANTY OTHER THAN THOSE EXPRESSLY CONTAINED IN THESE TERMS.

THIRD PARTY SITES, SOFTWARE, AND SERVICES

Our Site may direct you to, or provide access to services provided by sites, software or services owned or operated by third parties ("Third Party Properties"). We have not examined all of the Third Party Properties to which you may be directed and we have no control over such Third Party Properties. We have no control over and are not responsible for (a) the content and operation of such Third Party Properties, or (b) the privacy or other practices of such Third Party Properties. The fact that our Site directs you to such Third Party Properties does not designate our approval or endorsement of any such Third Party Properties. In the event that we direct you to such Third Party Properties, we do so only as a convenience. You are responsible for any costs associated with such Third Party Properties, including any applicable license fees and service charges. Accordingly, we strongly recommend that you become familiar with the terms of use and practices of any such Third Party Properties. Other sites may provide links to our Site with or without our approval or knowledge. We do not endorse such sites, and are not and will not be responsible or liable for any links from those sites to our Site, any content, advertising, products or other materials available on or through such other sites, or any loss or damages incurred in connection therewith. YOU AGREE THAT YOUR USE OF THIRD PARTY SITES, SOFTWARE AND SERVICES INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH SITES, SOFTWARE AND SERVICES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES, SOFTWARE AND SERVICES. At any time we will have the right in our sole discretion, to block links to our Site through technological or other means without prior notice.

COPYRIGHT/TRADEMARK INFORMATION

Copyright © 2014, Tweed Wolf, LLC. All rights reserved. The trademarks, logos and service marks (“Marks”) displayed on the Site or in connection with the Services are the property of Tweed Wolf or other third parties. You are not authorized to use these Marks without the prior written consent of the third party that owns the Mark.

NOTICE FOR CALIFORNIA USERS

This notice is for our California users: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

CLASS ACTION WAIVER

ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL LEGAL ACTION. YOUR ACCESS AND CONTINUED USE OF OUR SITE SIGNIFIES YOUR EXPLICIT CONSENT TO THIS WAIVER.

UPDATES

We may alter these Terms from time to time by posting a revised version. YOUR CONTINUED USE OF ANY OF THE SITE AFTER WE POST ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES. IN ADDITION, BY ORDERING PRODUCTS OR USING SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND REVIEWED THESE TERMS IN THEIR ENTIRETY, YOU AGREE TO THESE TERMS AND THE PRIVACY POLICY AND THESE TERMS CONSTITUTE BINDING AND ENFORCEABLE OBLIGATIONS ON YOU. These Terms constitute the entire agreement between you and Tweed Wolf governing your use of the Service. In the case of inconsistencies between these Terms and any information included in off-line materials (for example, promotional materials and mailers), these Terms will always control.

MISCELLANEOUS

The failure of Tweed Wolf to exercise or enforce any Term will not constitute a waiver of such Term. If any Term is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Service or these Terms will be filed within one year after such claim or cause of action arose, or be forever barred. The state and federal courts of New York are the exclusive forum and venue to resolve any and all disputes arising out of or otherwise relating to these Terms. You consent to personal jurisdiction and venue by the state and federal courts of the State of New York. Company makes no representation that materials in the Site, including merchandise offered for sale on the Site and their copyrights, trademarks, patents, and licensing arrangements, are appropriate or available for use in locations other than the United States. Those who choose to access this Site from other locations outside of the U.S. do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. With respect to shipments of merchandise to consumers, wherever they may reside, title to the merchandise shall pass to the buyer upon delivery of the merchandise to the common carrier.

Tweed Wolf Photo Release. (Applicable only if Client indicated photos can be shared.)

Tweed Wolf, LLC (with its successors, assignees and licensees) (collectively, “Tweed Wolf”) desires to use and publicize your images and certain information for the creation, advertising, and promotion of Tweed Wolf and other business purposes. In exchange for good and valuable consideration I agree to the following:

1. I understand that I may appear in photographs and recordings taken by Tweed Wolf, and licensed or sold to Company, its affiliates, agents, successors, assignees and licensees in connection with the Project.

2. I grant Tweed Wolf the non-exclusive irrevocable right to Use (defined below), any Images (defined below) and Appearance Materials (defined below).

3. “Images” shall include motion or still images, photographic or digital portraits or pictures of me, or in which I may be included, knowingly provided by me, in whole or in part.

4. “Appearance Materials” shall include any recordings of my name, voice, performance, actions, likeness or biographical information about me as well as any idea or materials knowin g ly provided by me, in whole or in part.

5. “Use” shall include the right to use, re-use, publish, republish, distribute, license, sublicense or display, or license or sell to another to do the same at any time any and all Images and Appearance Materials for the limited commercial, promotional and publicity purposes of Tweed Wolf, including (i) anywhere on Tweed Wolf’s website, (ii) in online campaigns promoting Tweed Wolf, (iii) in offline marketing materials promoting Tweed Wolf, (iv) in advertisements promoting Tweed Wolf, and (v) in news articles promoting Tweed Wolf.

6. I understand that Tweed Wolf has no obligation to actually use the Images or Appearance Materials. I hereby waive any right that I may have to inspect or approve the Images or Appearance Materials, or any printed or digital matter that may be used in connection therewith or the use to which it may be applied provided, however, that any such use may not be (a) in association with any material that is pornographic, obscene, defamatory, (b) in such a manner as to portray me in a false light or in a manner that disparages me.

7. I agree that no sum shall be due to me or to any third party, including any guild or union, regardless of the time or method of any future use of the rights granted herein. I acknowledge that I shall not be deemed to be an employee of Tweed Wolf, nor shall I be entitled to the benefits provided by Tweed Wolf to its employees.

8. I represent and warrant that I am over the age of eighteen (18) or that my parent or legal guardian has also read and signed this Release below my signature. I (or my parent or legal guardian) have read the above authorization, release and agreement prior to its execution, am familiar with the contents thereof, and have the full power and authority to grant the rights herein granted. I warrant and represent that the rights granted herein will not violate or infringe on any third-party rights. This Release shall be interpreted, construed and enforced in accordance with the laws of the New York except for its conflicts of laws principles, and I hereby irrevocably consent to the exclusive jurisdiction of the courts situated in New York over all disputes relating to this Release. The terms of this Release shall be binding on my heirs, assigns, executors, administrators, and any minors who accompany me. This is a binding contract that supersedes all other agreements, whether written or oral, between Tweed Wolf and me and is intended to be a comprehensive Release. If any part of this Release is deemed unenforceable, the other parts shall be given full force and effect.

These Terms and Conditions were last updated on July 11, 2016.