Terms and Conditions of Use
Last Updated: March 3, 2021
Acceptance of Terms
Use of Website Content
Violation of this agreement may result in infringement of intellectual property and contractual rights of Poster House or other third parties, which is prohibited by law and could result in substantial civil and criminal penalties. Poster House does not warrant or represent that your use of Content, or any other materials or information displayed on this Website will not infringe rights of third parties.
Poster House respects the intellectual property rights of others and reserves the right, at its sole discretion, to block and/or terminate access to this site from those that infringe on the rights of others. Pursuant to Section 512(c)(2) of the U.S. Copyright Act, as enacted through the Digital Millennium Copyright Act of 1998, Poster House has designated an agent to receive notifications of claimed infringement, as described in our Copyright Policy. If you believe that any Content on this Website violates or infringes upon your intellectual property rights or someone else’s intellectual property rights pursuant to Title 17, United States Code, Section 512(c)(2), please contact the agent designated below. In your notice to us, you must do the following:
Give enough information to enable Poster House to contact you regarding your complaint, including your name, address, telephone number and e-mail address, if available.
Identify the material(s) and/or work(s) that you claim are being infringed upon on this site and the material(s) that are causing such infringement, and give enough information (such as a web page address) to locate such material(s) or work(s) within the site.
State that you have a good-faith belief that use of the material(s) or work(s) in question is not authorized by the copyright owner, its agent or the law.
State that the information in this notification is accurate and, under penalty of perjury, that you either own the copyright (or an exclusive right under the copyright) in the material(s) or work(s) that you claim in (2) above are being infringed, or are authorized by such owner to act on its behalf.
Provide your physical or electronic signature.
Our designated agent contact is:
Name: Nancy Wolff
Address: Cowan, DeBaets, Abrahams & Sheppard LLP, 41 Madison Ave. 38th Fl. 10010
Third-Party Communications and Content
The Website may include embedded third-party content links (such as hyperlinks) to third party websites, as well as other products and services that are not owned or controlled by Poster House (collectively, “Third Party Content”). Poster House does not control any such Third Party Content and is not responsible for (i) the availability or accuracy of any such Third Party Content or (ii) any content, advertising, or products or services displayed or sold on or through such Third Party Content (as applicable). You shall be subject to any additional terms and conditions of use, guidelines, rules, privacy policies, and other practices applicable to any Third Party Content that you access or use through the Website. You acknowledge and agree that you shall assume the sole responsibility for, and risk associated with your use and/or access of, or interaction with, Third Party Content, including compliance with any applicable third party terms.
The Website and Website Content may not be used, modified, reproduced, duplicated, copied, published, distributed, downloaded, sold, resold, transformed, redesigned, reconfigured, retransmitted, or otherwise exploited by you for any purpose except as facilitated by the tools, products, services and/or features of the Website, or without the express prior written consent of Poster House and/or the applicable third-party owner thereof, in each instance.
While accessing the Website, you may not conduct any of the following activities:
- Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Website or any part thereof.
- Modify, adapt, translate or create derivative works based upon the Website or any part thereof, including, without limitation Website Content.
- Use a robot, spider, manual and/or automatic processes, or devices to data-mine, data-crawl, scrape or index the Website in any manner.
- Adapt, alter, license, sublicense or translate the Website for your own personal or commercial use.
- Interfere with or damage operation of the Website by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.
- Use the Website for any purpose in violation of applicable local, state, national, or international law or regulation, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy.
- Use, transfer, distribute or dispose of Website IP in any manner that could compete with the business of Poster House.
Fair Use is Permitted
Fair use of copyrighted material includes the limited use of protected materials for some noncommercial educational purposes, such as teaching, scholarship, research, criticism, commentary, and news reporting that qualify under Section 107 of the Copyright Act.
By downloading, printing, or otherwise using text, audio, video, image and other files from the Poster House website, whether accessed directly from this website or via other sites or mechanisms, users agree that they will limit their use of such files to fair use, and will not violate Poster House’ or any other party’s proprietary rights.
Our Store; Products; Purchase Terms
Representations and Warranties
Disclaimer of Warranties
YOUR USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Poster House MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, CURRENTESS, COMPLETENESS OR RELIABILITY OF ANY WEBSITE CONTENT PROVIDED THROUGH THE WEBSITE OR THIRD-PARTY CONTENT LINKED TO THE WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF WEBSITE CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN.
POSTER HOUSE DOES NOT WARRANT THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR THAT THE WEBSITE WILL BE ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED OR THAT IT WILL ALWAYS BE ACCESSIBLE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, COMPLETENESS OF ANY WEBSITE CONTENT, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE WEBSITE. POSTER HOUSE DOES NOT WARRANT THAT THE WEBSITE IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. POSTER HOUSE CANNOT AND DOES NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.
Limitations of Liability; Class Action Waiver
YOU ACKNOWLEDGE AND AGREE THAT POSTER HOUSE IS ONLY WILLING TO PROVIDE THE WEBSITE IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND THIRD PARTIES. THEREFORE, YOU AGREE NOT TO HOLD POSTER HOUSE, AFFILIATES, LICENSORS, CLIENTS, VENDORS OR OTHER CONTRACTING PARTIES OR ANY OF SUCH PARTIES’ RESPECTIVE AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, MANAGERS, MEMBERS, VENDORS, THIRD-PARTY LICENSORS, CORPORATE PARTNERS, PARTICIPANTS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, “POSTER HOUSE PARTIES”) LIABLE FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, “LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR USE OF OR INABILITY TO USE THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH ANY PRODUCTS OR SERVICES PROVIDED BY ANY POSTER HOUSE PARTY.
UNDER NO CIRCUMSTANCES WILL ANY POSTER HOUSE PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT ANY POSTER HOUSE PARTY IS LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED ONE HUNDRED U.S. DOLLARS ($100.00).
YOU AND POSTER HOUSE AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT NEITHER YOU NOR POSTER HOUSE WILL 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 OR POSTER HOUSE ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. YOU AND POSTER HOUSE FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF YOU, POSTER HOUSE, AND ALL PARTIES TO ANY SUCH PROCEEDING.
Website Access Requirements; Updates and Maintenance
It is your responsibility to: (a) ensure that your computer or mobile device complies with the requirements for accessibility, including a compatible web browser and internet or wireless network connection; and (b) pay for all costs and expenses that you may incur while using the Website.
Your access to the Website may be interfered with by numerous factors outside of Poster House’s control including, but not limited to, telecommunications and/or wireless network service disruptions, computer or mobile device viruses and bugs, tampering, unauthorized intervention, fraud, technical failures, and server, equipment or software defects. Poster House is not responsible and will have no liability for any failures of the Internet or any data or telecommunications equipment, system or network used in connection with the Website.
Poster House may in the future update the Website for repair or maintenance purposes or to change any tools, products, services, functionalities, or features thereof (an “Update”). The terms of the License granted to you hereunder shall apply in full to any Update. Following an Update, you may not be able to use the Website until you have downloaded the latest version and accepted any new terms.
Governing Law and Jurisdiction; Disputes
Waiver and Severability of Terms; Entire Agreement
Open Source Software
The Website contains certain open source software. Each item of open source software is subject to its own applicable license terms.
If you choose to correspond with us or our employees in any manner with respect to the Website, including any Website Content, or any ideas for products, services, features, modifications, enhancements, content, refinements, promotions, or strategies, or product/feature names (collectively, “Feedback”), then regardless of what your accompanying communication may say, the following terms will apply, so that future misunderstandings can be avoided. Accordingly, by sending us Feedback, you agree that: (i) Poster House has no obligation to review, consider, or implement your Feedback, or to return to you all or part of any Feedback for any reason; (ii) Feedback is provided on a non-confidential basis, and Poster House is not under any obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any way; and (iii) you irrevocably grant Poster House a perpetual and unlimited permission to reproduce, distribute, create derivative works of, modify, publicly perform (including on a through-to-the-audience basis), communicate to the public, make available, publicly display, and otherwise use and exploit the Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified.