Terms of service

Wallace Terms of Service

Please note that these Wallace Terms of Use (the “Terms”) contain a binding arbitration agreement and class action waiver. By agreeing to the Terms, you and Wallace agree to submit any disputes between us exclusively to individual arbitration and not to sue in court, except in the limited circumstances described below.

WallaceTM is an online platform for the sale of curated art and wall decor. We want you to have a great experience with Wallace, so please read the following Terms carefully. By using Wallace's services in any way, including browsing this website (we refer to these collective as the “Services”), you agree to the following Terms:

Use of the Services

Wallace grants you a limited, non-exclusive, non-transferable, and revocable license to use the Services, subject to these Terms. Your use of the Services is contingent on the following guidelines:

You may not violate any laws, rules, or regulations in using the Services.
You are responsible for paying any amounts outstanding which are owed to Wallace or an Wallace artist.
You may not reverse engineer, crawl, scrape, misappropriate, or spider our website, platform, or any other pieces of our content, technology, or intellectual property.
You may not attempt to harm Wallace or disrupt the Services in any fashion, including but not limited to introducing any virus or other malicious code or excessive requests to our website or platform.
You must be 18 years or older to use our Services.
You may not post any content to the Wallace platform or website which is offensive, vulgar, which violates any intellectual property rights, or which violates these Terms in any way). You should report any content in violation of this provision.
We always welcome feedback; if you provide us with feedback, suggestions, or reviews, you grant us a non-exclusive, worldwide, royalty-free, sub-licensable, perpetual license to use your feedback for any purpose we see fit.

You may be granted the opportunity to create an Wallace account. If you do so, you agree to be honest with Wallace when providing information about yourself, to choose an appropriate username (that isn’t offense, vulgar, infringes any intellectual property rights, or which violates these Terms in any way), and to protect your password (you’ll be responsible for the use of your account).

If you are found to be in violation of any of these restrictions, any other provision in these Terms, or if Wallace determines it necessary in our own discretion, we may terminate your ability to use the Services at any time, without prior notice to you.

We may also decide to discontinue the provision of any or all of our Services at any time, for any reason, without prior notice or compensation to you.

Discounts

Any discount codes are offered at our sole discretion and may be revoked at any time. This includes but is not limited to, Lifetime discount codes.

Purchasing on the Wallace Platform

WallaceTM is an online platform for the sale of curated art and wall decor, connecting buyers with talented sellers from around the world. In some cases you may not purchase products directly from Wallace, but from buyers directly, facilitated by the Wallace platform. As such, Wallace does not guarantee or endorse any items sold on the Wallace platform or any content posted by sellers (such as product descriptions or photographs). Each Wallace seller facilitates its own orders, so processing and shipping times may vary by seller. By placing an order through the Wallace platform, you agree that you have read and understood the product description and any information provided by the seller regarding processing and shipping time and method. If you utilize a promotional code to purchase from Wallace, you acknowledge that you obtained such promotional code directly from an Wallace promotion and agree not to share that promotional code with others.

Communicating with Wallace Sellers

All transactions with Wallace sellers must take place through the Wallace platform. You may not communicate directly with an Wallace artist or seller for the purpose of circumventing the Wallace platform. Any communications with Wallace sellers must be strictly pertaining to an Wallace order, and communications for any other purpose (including but not limited to unsolicited advertising or promotions, requests for donations, spam, or harassment) are prohibited. Wallace sellers will never ask you directly for payment information; all payment information and details are handled through the Wallace platform. Please do not exchange any personal information with an Wallace seller which is not strictly necessary for the completion of a transaction.

Returning a Product

We hope that you’ll love every product you purchase through the Wallace platform, but in the event that a product doesn’t meet your expectations or the specifications provided by the seller, we may allow returns in certain instances. If a product is eligible for returns, our return policy will be stipulated on the individual product page.

Warranties and Limitations of Liability

Products sold through the Wallace platform are manufactured and fulfilled by third-party sellers. Wallace does not manufacture, store, or inspect any of the products sold through the Wallace platform, and you understand that Wallace is not responsible for and does not make any warranty regarding their quality, safety, authenticity, or legality. Any legal claim related to a product purchased through the Wallace platform must be brought directly against the seller of that product, and Wallace will not responsible for any claim related to a product sold through the Wallace platform, including but not limited to products which may be defective or cause injury, or for any misrepresentation by a seller.

Likewise, Wallace is not responsible for any content posted by a seller or any other user of the Wallace platform. Wallace makes no representations concerning any of this content, including but not limited to its accuracy, legality, decency, or compliance with copyright law, and you release Wallace from any liability related to this content.

You also agree to release Wallace from any claims, demands, or damages arising out of disputes with Wallace sellers or any other third parties.

WARRANTIES

In terms and conditions like these, there are generally legal terms which limit the liability and type of liability actionable between parties in the event of a dispute. (We don’t anticipate any type of dispute between us, but our lawyers tell us that we need to include this language anyway). YOU UNDERSTAND THAT WALLACE'S SERVICES ARE PROVIDED “AS IS” AND "AS AVAILABLE" WITHOUT ANY KIND OF WARRANTY (EXPRESS OR IMPLIED) (in other words, you use our services as we provide them to you). Wallace EXPRESSLY DISCLAIMS ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE (in other words, there are certain legal warranties beyond the normal course of commerce which we don’t provide). WALLACE DOES NOT GUARANTEE THAT: (I) THE SERVICES PROVIDED HEREUNDER WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL MATERIALS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR EXPECTATIONS. YOU USE THE Wallace PLATFORM SOLELY AT YOUR OWN RISK (in other words, you use our platform at your own risk, and we can’t guarantee that it will always be operable). TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER WALLACE NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, PARTNERS, OR AFFILIATES SHALL BE LIABLE TO YOU FOR ANY LOST PROFITS OR REVENUES, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THESE TERMS AND CONDITIONS (in other words, we won’t be liable to you for speculative damages which are outside of our direct control). IN NO EVENT SHALL WALLACE'S AGGREGATE LIABILITY FOR ANY DAMAGES EXCEED THE AMOUNT YOU PAID Wallace IN FEES IN THE 6 MONTHS PREVIOUS TO ANY ACTION GIVING RISE TO THE LIABILITY (in other words, if we are found liable to you, any damages would be capped at the amount of money from the sale of your work through our platform for the six months prior). CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification

If Wallace is sued or receives a claim, notice, or demand because of something that you did (or failed to do), you agree to defend and indemnify us, meaning that you’ll defend, reimburse, compensate, and hold Wallace (and our employees, officers, directors, agents, subsidiaries, and affiliates) harmless from any allegation, claim, demand, lawsuit, loss, liability, or expense of any kind (including reasonable attorneys’ fees) that arises from or relating to your actions, your use (or misuse) of our Services, your breach of these Terms, items you have purchased through the Wallace platform, and/or your actual or alleged violation of any law or any third party’s rights. We reserve the right to handle our legal defense however we see fit even if you indemnify us, in which case you agree to fully cooperate with us.

Arbitration Agreement and Class Action Waiver

If you are upset with us for any reason, please let us know, and we’ll work together in good faith to attempt to remedy the issue. If for some reason we can’t work it out, however, you and Wallace (including our employees, officers, directors, agents, subsidiaries, and affiliates) agree to submit our disputes exclusively to binding individual arbitration, and we agree that we won’t sue each other in court except in the limited circumstances described below.

This section, also referred to as the “Arbitration Agreement,” applies to the fullest extent allowable by law. Please read this section carefully as it affects your legal rights.

Disputes that will be arbitrated: You and Wallace agree to mandatory individual arbitration for all claims arising from or relating to the Services, these and prior versions of the Terms, any products, data, or content bought, sold, offered, accessed, displayed, transmitted, or listed through the Services, and actions or statements by Wallace or its users, in each case including any disputes which arose before the effective date of these Terms (each, a “Dispute”). There are two types of claims which may be brought in court: (1) any claims which qualify for “small claims” court, so long as those claims remain in small claims court, and (2) injunctive relief for infringement or misuse of Wallace’s intellectual property rights (such as trademarks, copyrights, and patents), which may be sought in court. All other Disputes must be arbitrated, which means that you and Wallace are waiving our rights to sue in court and have a court or jury trial.

Class and Representative Action Waiver: You and Wallace agree that each of us may bring claims against the other only on an individual basis, and not on a class, representative, or collective basis (and we each waive any right we have to bring such claims). We each may only seek or obtain individualized relief, and except as discussed below in the “Batch Arbitration” section, disputes between us cannot be arbitrated or consolidated with those of any other person or entity. If a court (after exhaustion of all appeals) decides that any part of this section is unenforceable as to a particular claim or request for relief, then only that particular claim or request for relief may be severed from the arbitration and litigated in court (but only after the arbitrator issues an award on the arbitrable claims and remedies).

Informal Dispute Resolution: Before filing an arbitration, you and Wallace will try in good faith to resolve any Dispute informally. To start the dispute process, you must send an individualized written notice (“Notice of Dispute”) to Wallace, 70 Washington Street, Suite 4L, Brooklyn, NY 11201 that includes (1) your name, phone number, [username, where applicable,] and email address for your account, and (2) a description of the Dispute and how you’d like it resolved. If Wallace has a Dispute with you, we will send a Notice of Dispute with the same information to the email address for your account. Once a complete Notice of Dispute has been received, the recipient has 60 days to investigate the claims. If either side requests a settlement conference during this period, then you and Wallace must cooperate to schedule that meeting by phone or videoconference. You and Wallace each will personally participate and can each bring counsel, but the conference must be individualized, even if the same firm(s) represent multiple parties. For the claims in the Notice of Dispute, any statute of limitations will be tolled from the date the notice is received until the later of (i) 60 days, or (ii) after a timely requested settlement conference is completed (“Informal Resolution Period”). An arbitration cannot be filed until the Informal Resolution Period has ended, and a court can enjoin the filing or prosecution of an arbitration in breach of this Section.

Arbitration Rules and Procedures: To initiate arbitration, either you or we must file an arbitration demand with the American Arbitration Association (“AAA”). You may serve Wallace with any arbitration demand by mail to: Wallace, 70 Washington Street, Suite 4L, Brooklyn, NY 11201. If Wallace has a dispute with you, we will send an arbitration demand to the email address for your account. If the AAA cannot or will not administer the arbitration in accordance with this section, you and we will select another provider (and if we can’t agree, a court will choose the provider).

The arbitration will be conducted in the English language by a single arbitrator. The arbitration hearing (if any) will be held by videoconference, unless either party requests an in-person hearing and the arbitrator agrees. If an in-person hearing is required, it will be held in the county where you live, or as determined by the arbitrator (in the case of Batch Arbitration).

The arbitration will be decided under AAA’s Consumer Arbitration Rules, as modified by this Agreement. But if you are using the Services as a business and either your or Wallace’s claims exceed $75,000, the AAA’s Commercial Arbitration Rules will apply, as modified by this Agreement. As in court, the arbitrator shall apply governing law, any counsel must comply with Federal Rule of Civil Procedure 11(b), and the arbitrator may impose any sanctions available under the AAA Rules, Rule 11, or other applicable law. The arbitrator also shall enforce statutes of limitations and other time-based defenses, offers of judgment/compromise and fee-shifting rules in the same way as a court would.

The arbitrator will have exclusive authority to resolve all issues, except that a court has exclusive authority to decide issues related to the arbitrability of a dispute, the enforceability of any part of this section (Arbitration and Dispute Resolution Agreement), and either party’s compliance with the Informal Dispute Resolution section. Except as provided in the Batch Arbitration section, the arbitrator can award damages and other relief only in favor of the individual claimant, and only to the extent necessary to provide relief warranted by the claimant’s individual claim(s). The arbitrator will not be bound by decisions reached in other arbitrations. The arbitrator’s award is final and binding on you and Wallace. Judgment on the award may be entered in any court with jurisdiction.

Arbitration Fees: Payment of all filing, case-management, administrative, hearing, and arbitrator fees (“Arbitration Fees”) will be governed by the AAA’s rules and fee schedules, unless otherwise stated in this Arbitration Agreement. If you are a consumer and your share of Arbitration Fees is more than you’d otherwise pay in court, let us know, and Wallace will pay the difference on your behalf.

Batch Arbitration: To ensure efficient resolution, if within a 90-day period, 25 or more claimants submit Notices of Dispute or file arbitrations raising similar claims (i.e., with the same or similar facts or events and legal issues) and are represented by the same or coordinated counsel, the disputes must be arbitrated in batches of up to 50 claimants each (“Batch”). Specifically, upon notice from either side, the AAA shall group the claimants into: (1) a single Batch (if there are 25-50 claimants), or (2) Batches of 50 claimants each, with a smaller, final Batch consisting of any remaining claimants (if there are more than 50 claimants). The AAA shall thereafter provide for the resolution of each Batch as a single consolidated arbitration with a single arbitrator appointed by the AAA, one set of Arbitration Fees, and one hearing (if any) per Batch to be held by videoconference (or in a place decided by the arbitrator). The parties will cooperate in good faith to implement this process and minimize the time and costs of arbitration. Any challenges to administrative determinations by AAA shall be heard by a single process arbitrator. If this section is deemed unenforceable as to a particular claimant or Batch, then it shall be severed as to that claimant or Batch, and those parties shall arbitrate in individual proceedings.

Opt-Out: You have a limited right to opt out of this Arbitration Agreement (excluding the “Choice of Law and Forum” section below). Specifically, iIf you are a new user of our Services, you can opt out of this Arbitration Agreement within 30 days after you first accept the Terms. If you are an existing user of our Services, you can opt out within 30 days after the effective date (listed above). To opt out, you must send a timely email to matt.listro@harbingerstrategy.com with your name, the email address for your account, [and your username, if applicable,] and a request to opt out of arbitration. If you validly opt out, neither Wallace nor you will be required to arbitrate as a result of this (or any prior version of the) Arbitration Agreement, but the Terms (and any other agreements between us) will otherwise apply to you. If we update the Terms after you validly opt out, we will continue to respect your opt-out, but such updates do not provide a new opportunity to opt out of arbitration.

Future Changes to Arbitration Agreement: Wallace will notify you of material changes to this Arbitration Agreement at least 30 days before they become effective. You may reject future changes to the Arbitration Agreement by emailing matt.listro@harbingerstrategy.com within 30 days after you receive notice, including your name, email address associated with your account [and your Wallace username, if applicable]. Otherwise, you’ll be bound by the change, and the modified Arbitration Agreement shall apply to all Disputes between you and Wallace, including those arising before the effective date of the changes, but excluding any claims pending in arbitration (or court, if permitted) as of the effective date. If you reject a change, you’ll be bound by the most recent version of the Arbitration Agreement before the change you rejected.

Choice of Law and Forum: Wallace is based in New York, so if there are claims between you and Wallace that aren’t subject to arbitration, you and Wallace each agree to litigate those claims exclusively in state or federal court in New York County, New York, and to submit to the personal jurisdiction of those courts. If you file a claim in small claims court, you may do so in the county of your residence. Except as prohibited by law, these Terms, and all disputes between us, shall be governed exclusively by New York law, without regard to conflict-of-law rules, and U.S. federal law (including the Federal Arbitration Act). For clarity, this section will continue to apply even if you validly opt out of arbitration as set forth above.

Privacy

Please read our Privacy Policy, as it contains important information about how we process and secure your data.

Other Terms

These are a few other terms that our lawyers told us we really should include: These Terms supersede any other agreement or understanding between you and Wallace related to the Services (in other words, you should think of these Terms as your contract with Wallace). If any part of these Terms is found to be unenforceable, that part will be limited to the minimum extent necessary and is severable so that the remainder of these terms and conditions will remain in full force and effect (in other words, if for some reason a court says that something in these Terms shouldn’t be valid, that doesn’t mean that the rest of the Terms are also invalid). Wallace’s failure to enforce any part of these Terms is not a waiver of our right to enforce any other part of the Terms (in other words, if for some reason we give you a pass on one of these terms, that doesn’t mean we’re releasing you from the entire set of Terms). Wallace may modify these Terms from time to time at its discretion. By continuing to use the Services after we modify them, you indicate that you have accepted our modification(s). Your continued use of the Services following such modification(s) shall be construed as acceptance of the modified Terms. If you do not agree with the modification(s), you unfortunately won’t be able to work with us anymore. Wallace is operated by Harbinger Strategy, LLC.

Contact Us

Please feel free to contact us with questions, at Matt.Listro@harbingerstrategy.com.