These rules are not inclusive of all impermissible conduct on the site. We reserve the right, at our discretion, to suspend or terminate your right to use the site, if you violate any of the above rules or engage in other conduct which we deem to be offensive in nature.
Whooligan has the right to remove any posted content that it deems to be objectionable or offensive. By agreeing to these terms you consent to this removal and waive any claim against Whooligan for such removal. Whooligan is also not responsible or liable for your failure to store or backup and posted content or other materials that are transmitted through this site. You should take all measure to preserve copies of any data, material, content or other information that you post on this site.
All content posted by a member is the property of the member that posted the content. All other material and content contained on this site, including but not limited to copyrights, trademarks, text, graphics, images, logos, articles, videos, animations, audio and digital clips, photographs, illustrations, icons and the compilation of all content on this site, are the property of Whooligan, and are protected by United States and international laws. No material from this site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without prior written consent of Whooligan and/or the applicable member. Users are not granted a license or any other rights from Whooligan, including the intellectual property rights or other proprietary rights of Whooligan or third parties.
If you believe that material you post on the site constitutes infringement of your copyright or other intellectual property rights, please send an e-mail to email@example.com, and a Whooligan representative will look into your complaint and act accordingly.
The ideas, suggestions, opinions, comments, and observations made by Whooligan users, and any text, data, photographs, video, music, sound, files or other design materials (known as "Submissions") provided to us by users are not endorsed by Whooligan, Inc. and we make no guarantee regarding the reliability, accuracy, or quality of any design submission that is posted on the Website. You acknowledge that you will evaluate and bear any risks related to your use of any Submissions, including any reliance on the accuracy, completeness, or usefulness of such Submissions. All Submissions posted to the Website are the sole responsibility of the person who originally posted the Submission, and your sole recourse for any damage you may suffer as a result of Submissions shall be to such individual.
You shall be solely responsible for your own Submission and the consequences of posting or publishing them. By submitting the Submissions to Whooligan.com, you hereby grant Whooligan, Inc a worldwide, non-exclusive, royalty-free, sub-licensable, and transferable right and license to use, reproduce, distribute, prepare derivative works of, display, and perform the Submissions in connection with the Website and Whooligan Inc's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media now known or hereafter developed.
Whooligan, Inc. expressly disclaims any and all liability in connection with Submissions. Whooligan reserves the right to reject Content and Submissions at its sole discretion and without prior notice.
When submitting designs to Whooligan, Inc for use on future products marketed and sold by Whooligan, Inc. you agree to the following terms and conditions:
If your Design is selected for use by the users of Whooligan.com, you acknowledge that you assign to Whooligan, Inc. and its subsidiaries and affiliates (hereinafter collectively "Whooligan, Inc") the entire right, title, and interest in and to the copyright in your Design including the right to sue for past infringement and the right to further sublicense the Design, for its sole and exclusive use on and in connection with the Items. You also acknowledge that you waive all "moral" rights that you may have in and to your Design.
If your Design is selected, Whooligan, Inc may use your Design in any manner on or in connection with the Items, including but not limited to: reproducing the Design on the Items, selling Items bearing the Design, changing or reworking the Design by making color or size changes, making derivative works of the Design, using the Design on the Whooligan.com website and on promotional material for Whooligan.com, and registering the Design with the US Copyright Office in the name of Whooligan Inc as the Claimant, and you as the Author. You agree to provide Whooligan, Inc. with minimal information as may be required in order to register the copyright in the Design if Whooligan, Inc. so requests, at no cost.
You acknowledge that the Design you are assigning to Whooligan, Inc. is your own original work, has not been previously published, and does not contain any trademarks, logos, copyrighted material, or any other intellectual property belonging to any third party, or any material, which Whooligan, Inc. in its sole discretion, deems to be profane or offensive.
You acknowledge that Whooligan, Inc. reserves the right to decline to select a Design for consideration for any reason, which are subject to change at any time. If your Design is selected by the members of the Whooligan.com community for use in future products, via vote or other means, you will receive 1 free t-shirt with the submitted design printed on it, including the cost of the t-shirt and any base rate lowest cost domestic or international shipping fees that may be incurred. Whooligan, Inc. will make a good faith attempt at contacting you via e-mail to confirm shipping details and sizing within 90 days of the design winning the vote (or other means of selection by the community or Whooligan Inc staff). If Whooligan, Inc. does not receive a response within 10 days of the e-mail, you will forfeit your right to the free t-shirt. Whooligan, Inc. reserves the right to change these terms at any time, by posting them on the Whooligan.com website, and changes will be effective upon posting. The compensation (whether material or monetary) will be based on the terms in effect when your Design is selected. You will be responsible for any taxes, or import duties that could be imposed from shipment from the U.S. and/or European Union. If the winning design that you submit is not deemed suitable for print as determined by Whooligan Inc's third party product manufacturer(s), Whooligan, Inc. will notify you of the reason(s) for its determination by email and will make a good-faith effort to assist you in presenting a suitable format so that the design can be printed.
Participants, who in the opinion of Whooligan, Inc., do not comply with these Design Submission Legal Terms and Conditions, or for any other reason at Whooligan Inc"s sole discretion, can at any time be excluded from consideration without notice.
The decisions of Whooligan, Inc. are final and binding.
As part of your use of the site, you may upload, post, distribute or disseminate content and material, including but not limited to, photographs, videos, captions and comments. You also warrant that if you are not the holder of any such rights, the holder of such rights has completely and effectively waived all such rights and validly and irrevocably granted you the right to grant the license stated above. You acknowledge and agree that you are solely responsible for the form, content and accuracy of any Posted Content. You agree that you will not post any false, inaccurate material or delete or revise any material that was not posted by you. You are responsible for your own postings and are responsible for the consequences of your postings.
You hereby grant Whooligan a right (including any moral rights) and license to use the posted content on the site and to promote and advertise the site in any way. If, at some point, we would like to use any content or material that you have posted, or any variation of the content or material posted, for express commercial purposes either within the bounds of the site or outside of the bounds of the site on a third party outsourced store (including but not limited to merchandise, apparel, videos, posters, etc), we are not obligated to notify you of such. We also reserve the right to contact any members of the site about future opportunities with Whooligan, acting as paid or otherwise compensated representatives of the company in commercial enterprises, joint ventures, or outside business interests.
You are responsible for any use of or action taken under your user name and password on the site. You are solely responsible for maintaining the confidentiality and security of your password, and you hereby agree not to disclose your password to any third party, unless you have authorized them to have access to your account. You accept full responsibility for all transactions and other activity placed or conducted through your account and agree to and hereby release Whooligan from any and all liability concerning such transactions or activity.
You agree to notify Whooligan immediately of any actual or suspected loss, theft or unauthorized use of your account or password, via "firstname.lastname@example.org". Whooligan has no obligation to inquire as to the authority or propriety of any use of or action taken under your password and will not be responsible for any loss to you arising from any such use or action or from your failure to comply with the above.
Users may gain access to third party internet sites through use of the Whooligan site via hypertext or other computer links. Any third party sites are not within the supervision or control of Whooligan and we do not make any representations or warranties whatsoever about any third party site that is linked to this site. A link to a third party site from this site does not constitute an endorsement of the products or services offered on the third party site.
Use of this site is at your own risk. This site and its inherent content are provided to you on an "as is" basis. Whooligan makes no warranties that use of the site will be error-free, or use of any third party site accessed via the site will be available or error free. Users of the site are bound by the laws or regulations that govern their place of use of the site. Whooligan Inc, a Delaware company, is held under the laws of the state of Delaware, and the United States of America. Whooligan makes no claim that the site may be lawfully viewed or that content may be downloaded outside of the United States. Access to the content may not be legal by certain persons or in certain countries. If you access the site from outside the United States, you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction.By agreeing to these terms you acknowledge and agree to the following: