Terms and conditions
Please take the time to read this entire agreement ("Agreement") governing your responsibilities (hereinafter, "you", "your" or "user") and use of the PickyWallpapers.com Web site (the "Site"). Failure to adhere to your responsibilities under this Agreement will result in termination of your PickyWallpapers.com account and/or may expose you to liability.
To upload to PickyWallpapers and use PickyWallpapers's services you must agree to and abide by the following terms and conditions of service (the "TOS"). Unless specifically noted, the following statements apply to all PickyWallpapers partners and affiliates who receive free or commission based PickyWallpapers Service (as defined below).
1. Acceptance of terms
IF YOU DO NOT AGREE WITH ANY OF THESE TOS, PLEASE DO NOT USE THIS SITE, BECAUSE BY USING THE SITE YOU WILL BE DEEMED TO HAVE IRREVOCABLY AGREED TO THESE TOS. PickyWallpapers provides its service ("Service") to you, subject to the following TOS. Your use of the Site constitutes your acceptance to these TOS. PickyWallpapers reserves the right, in its sole and absolute discretion, to change, modify, add, or remove any portion of these TOS at any time. Any such changes will be reflected on the Site and your continued use of the Site will constitute your acceptance of these TOS or any revised TOS. PickyWallpapers may also offer other third party services that are governed by different terms of service. You should at all times be aware of and read any other such terms of service. PickyWallpapers hereby specifically disclaims responsibility for your failure to read any third party terms of service.
2. Use of Materials on the Site
All materials in the Site (collectively, 'Materials') shall only be used for personal, non-commercial purposes. You may view Materials for your own use and may download only one copy of any Materials on any single computer for your personal, non-commercial use only, and you must keep all copyright and other proprietary notices attached to downloaded Materials.
Any and all forms of duplication, reproduction, distribution, publication, modification, uploading, posting, copying or transmission of Materials from the Site is strictly prohibited unless you have obtained the prior written consent of PickyWallpapers. The Materials covered by this prohibition include, but are not limited to, any written text, graphics, logos, photographs, audio, or video material on the Site.
You are also strictly prohibited from creating works or materials that are derived or are in any way based on the Materials, including, but not limited to, fonts, icons, link buttons, wallpaper, and unlicensed merchandise.
You agree not to use the Materials in a manner that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, or racially, ethnically or otherwise objectionable. By the terms of these TOS, you have agreed to use the Site in a legal manner. You further agree that PickyWallpapers is not liable for any acts by you that violate this paragraph or the rights of any other party. PickyWallpapers hereby disclaims any liability from the foregoing.
3. Qualifications for Service
In consideration of your use of the Site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to fully comply with these TOS.
You agree that in order to provide you this Service, PickyWallpapers can place advertisements into any interface provided by PickyWallpapers. Such advertisements are under PickyWallpapers's sole and absolute control and may not, under any circumstances, be removed.
5. Termination of Service / Removal Policy
We reserve the right to temporarily deactivate or permanently remove any Materials from the Site at any time, in our sole and absolute discretion, for any reason, including, but without limitation, use inconsistent with these TOS, illegal use, and network or server abuse.
6. Disclaimer of Warranties
YOUR USE OF THE SITE IS AT YOUR OWN RISK. PickyWallpapers.COM AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT IN PickyWallpapers.COM ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PickyWallpapers DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PickyWallpapers DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT PickyWallpapers'S WEB SITES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PickyWallpapers DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT IN PickyWallpapers.COM OR ANY SITES LINKED TO PickyWallpapers.COM IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. PickyWallpapers MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT ON PickyWallpapers.COM WILL NOT INFRINGE THE RIGHTS OF OTHERS AND PickyWallpapers ASSUMES NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT OF PickyWallpapers.COM. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
Furthermore, PickyWallpapers makes no guarantee nor claims responsibility for the timeliness, deletion, mis-delivery or failure to deliver any user communications or Site content. You expressly agree that the entire risk as to the quality and performance of the Site is on you, the user.
7. Limitation of Liability
NEITHER PickyWallpapers NOR ANY OF ITS OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, SUCCESSORS, ASSIGNS, CONTENT PROVIDERS OR SERVICE PROVIDERS WILL BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SITE AND THE MATERIAL CONTAINED THEREIN, OR INABILITY TO GAIN ACCESS TO OR USE THE SITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF PickyWallpapers HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. PickyWallpapers.COM WILL NOT BE LIABLE FOR ANY MATERIAL OF WEBSITES IT LINKS TO OR FOR INFORMATION CONTAINED IN OR PART OF SUCH WEBSITES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF PickyWallpapers, ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, AND CONTENT OR SERVICE PROVIDERS IS LIMITED TO THE GREATEST EXTENT PERMITTED BY SUCH STATE LAW.
8. PickyWallpapers Notice Display Policy / Third Party Advertisements
Any messages posted on the Site and/or any third party advertisers banners and/or links must remain intact and visible on each page in which it appears; it is mandatory that they remain intact and visible. Failure to comply with this provision will also constitute grounds for account deactivation. You further understand that in order to provide you the Service, PickyWallpapers has the right to allow advertisers to cover the costs of this Service and as such has the choice of advertisers and the content of their message is at the discretion of PickyWallpapers. Additionally, PickyWallpapers reserves the right to deliver communications, service announcements and self advertising in order to continue to provide a quality service to you.
9. Server Downtime Policy
While PickyWallpapers attempts to maintain its server up 100% of the time, we reserve the right to schedule routine maintenance on our servers, as well as routine upgrades. Maintenance may affect the availability of Service for short periods of time. We disclaim liability for server downtime as set forth above.
10. PickyWallpapers Intellectual Property
PickyWallpapers.com and all other proprietary rights in the Site are the intellectual property of PickyWallpapers.com. All rights are reserved.
11. Terms Concerning Your Submissions
Please act responsibly when using the Site. You may only use the Site and its contents for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing or transmitting any unlawful material through the Site. You may not collect or store personal information regarding other users. You recognize that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability. You agree that if a third party claims that material you have contributed to the Site is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials publicly posted (other than by PickyWallpapers) or privately transmitted on or through the Site are the sole responsibility of the user, not PickyWallpapers, and that you are responsible for all material you upload, post or otherwise transmit to or through the Site.
You agree to not use the Service to:
- upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site;
- upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
- intentionally or unintentionally violate any applicable local, state, national or international law; or
- "stalk" or otherwise harass another; or collect or store personal data about other users.
You acknowledge that we shall have the right (but not the obligation) in our sole and absolute discretion to refuse or remove any content that is available via the Site. Without limiting the foregoing, we shall have the right to remove any content for any reason whatsoever, whether or not it violates these TOS. You acknowledge that you may not rely on any content contained on the Site.
You acknowledge that we shall have the right to, at our sole and absolute discretion, form partnerships, agreements, or work with affiliates to distribute any media uploaded to the Site for any purpose we see fit, including but not limited to marketing campaigns, downloads, network websites, and widgets (small applications used on a variety of websites, such as blogs or personal websites).
You acknowledge, consent and agree that PickyWallpapers may access, preserve, and disclose your account information and content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these TOS; (c) respond to claims that any content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of PickyWallpapers, users or the public.
Any passwords used for the Site are for individual use only. You shall be responsible for the security of your password (if any). PickyWallpapers shall be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that PickyWallpapers considers insecure, PickyWallpapers will be entitled to require this to be changed and/or terminate your account.
You are prohibited from using any services or facilities provided in connection with the Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g. password guessing programs, cracking tools or network probing tools) are strictly prohibited. If you become involved in any violation of system security, PickyWallpapers reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.
PickyWallpapers reserves the unfettered right to investigate suspected violations of these TOS, including without limitation any violation arising from any submission you make. PickyWallpapers may seek to gather information from the user who is suspected of violating these TOS, and from any other user. PickyWallpapers may suspend any user whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If PickyWallpapers believes, in its sole discretion, that a violation of these TOS has occurred, it may edit or modify any submission, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts or take other corrective action it deems appropriate. PickyWallpapers will fully cooperate with any law enforcement authorities or court order requesting or directing PickyWallpapers to disclose the identity of anyone publishing or otherwise making available any materials that are believed to violate these TOS. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS PickyWallpapers FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY PickyWallpapers DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER PickyWallpapers OR LAW ENFORCEMENT AUTHORITIES.
14. Local Regulations
PickyWallpapers makes no representation that materials or other content in the Site are appropriate or available for use outside the United States, its territories, possessions and protectorates. If you choose to access the Site from other locations you do so on your own initiative and at your own risk. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in.
15. PickyWallpapers's Use of Content
PickyWallpapers will consider anything you provide to PickyWallpapers and/or contribute to the Site as available for our use free of any obligations to you. Subject to the provisions of any additional terms, by posting or uploading any content to the Site and/or providing any communication or material to PickyWallpapers ("User Content"), you automatically and irrevocably: (a) grant and assign to PickyWallpapers any and all rights in the User Content throughout the world including without limitation all copyright, together with all consents (if any) necessary to enable its reproduction, distribution, modification, publishing and/or other exploitation by PickyWallpapers and/or by any person authorized by PickyWallpapers, by any means and in all media now known or hereafter devised without payment or other reference to you or any other person, and to advertise and promote such exploitation, for the full period of all such rights (together with any extensions and renewals) and insofar as possible in perpetuity; (b) waive all moral rights in the User Content which may be available to you in any part of the world and confirm that no such rights have been asserted; (c) appoint PickyWallpapers as your agent with full power to enter into any document and/or do any act PickyWallpapers may consider appropriate to confirm the grant and assignment, consent and waiver set out above; (d) warrant that you are the owner of the User Content and entitled to enter into these TOS; (e) confirm that no such User Content will be subject to any obligation, of confidence or otherwise, to you or any other person and that PickyWallpapers shall not be liable for any use or disclosure of such User Content.
16. Third-Party Sites
The Site may link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of PickyWallpapers, and you acknowledge that (whether or not such sites are affiliated in any way with PickyWallpapers) PickyWallpapers is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by PickyWallpapers or any association with its operators.
PickyWallpapers cannot ensure that you will be satisfied with any products or services that you purchase from any third-party site that links to or from PickyWallpapers since other shop channels are owned and operated by independent retailers. PickyWallpapers does not endorse any of the merchandise, nor has PickyWallpapers taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites. PickyWallpapers does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties.
YOU AGREE, AT YOUR OWN EXPENSE, TO INDEMNIFY, DEFEND, AND HOLD HARMLESS PickyWallpapers, ITS EMPLOYEES, AGENTS, AND REPRESENTATIVES AGAINST CLAIM, SUIT, ACTION, OR ADMINISTRATIVE PROCEEDING BROUGHT AGAINST PickyWallpapers, ITS EMPLOYEES, AGENTS, AND REPRESENTATIVES TO THE EXTENT SAID CLAIM, SUIT, ACTION, OR ADMINISTRATIVE PROCEEDING ARISES OUT OF, OR IS RELATED TO YOUR CONTENT, YOUR USE OF OR CONNECTION TO THE SERVICE, YOUR VIOLATION OF THESE TOS, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER. WITHOUT LIMITATION TO THE FOREGOING, THE INDEMNIFICATION AGREEMENT HEREUNDER EXTENDS TO, AMONG OTHER THINGS, ANY CLAIM, SUIT, ACTION, OR ADMINISTRATIVE PROCEEDING ARISING OUT OF: (A) YOUR ACCESS OR USE OF THE SERVICE; (B) ACCESS OR USE OF THE SERVICE BY SOMEONE ELSE USING YOUR COMPUTER OR ACCOUNT; (C) A VIOLATION OF THE TOS BY YOU OR ANYONE USING YOUR COMPUTER OR MEMBER ID. THIS INDEMNIFICATION AGREEMENT APPLIES TO ANY CLAIM, SUIT, ACTION, OR ADMINISTRATIVE PROCEEDING THAT IS DIRECTLY OR INDIRECTLY RELATED TO THE SERVICE, INCLUDING BY WAY OF ILLUSTRATION A CLAIM, SUIT, ACTION, OR ADMINISTRATIVE PROCEEDING THAT YOUR USE OR ACCESS OR ANOTHER PERSON'S USE OR ACCESS OF YOUR COMPUTER OR MEMBER ID INFRINGES ANY COPYRIGHT, TRADEMARK, SERVICE MARK, PATENT, TRADE SECRET, RIGHT OF PUBLICITY, OR OTHER PROPRIETARY RIGHT UNDER ANY U.S., INTERNATIONAL, FOREIGN, OR STATE LAW. AS ANOTHER EXAMPLE, WHICH IS NOT TO BE CONSTRUED AS LIMITING THE SCOPE OF THE INDEMNIFICATION PROVISION, THIS INDEMNIFICATION AGREEMENT APPLIES TO ANY CLAIM, SUIT, OR ACTION WHERE YOUR USE OR ACCESS TO THE SERVICE IS IN ANY WAY DEFAMATORY, SLANDEROUS, LIBELOUS, OR OTHERWISE INJURIOUS TO A THIRD PARTY. YOU AGREE TO PAY ANY AND ALL COSTS, DAMAGES AND EXPENSES, INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEY'S FEES AND COSTS AWARDED OR INCURRED BY OR IN CONNECTION WITH ANY SUCH CLAIM, SUIT, ACTION, OR ADMINISTRATIVE PROCEEDING.
18. Governing Law / Miscellaneous
These TOS shall be construed in accordance with the laws of the State of California, and you agree to submit to jurisdiction in any action to enforce the terms herein in the federal or state courts of Orange County, California. The rights and obligations herein may not be assigned or delegated. If any inconsistency exists between the terms of these TOS and any additional terms and conditions posted on the Site, such terms shall be interpreted as to eliminate any inconsistency, if possible; otherwise, these TOS shall control. If any provision of these TOS shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable for this agreement and shall not affect the validity and enforceability of any remaining provisions. You agree that our failure to exercise or enforce any right or provision of this Agreement will not operate as a waiver of our right to enforce such terms. These TOS constitute the entire and only agreement between you and PickyWallpapers with respect to use of the Site, and supersedes any prior agreements, oral or written, between you and PickyWallpapers. Any and all other collateral representations, promises, and conditions; and any representation, warranty, promise or condition not incorporated herein or made as provided for in this TOS shall not be binding on PickyWallpapers. You agree that, except as otherwise expressly provided in these TOS, there shall be no third party beneficiaries to this Agreement. The section titles in these TOS are for convenience only and have no legal or contractual effect.
19. Modifications to the Terms of Service
PickyWallpapers may change these TOS at any time and in its sole and absolute discretion. The modified TOS will be effective immediately upon posting and you agree to the new posted Terms of Service by continuing your use of PickyWallpapers. If you dogree with the modified TOS, your only remedy is to discontinue using the PickyWallpapers Site.
20. Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Please report any violations of these TOS to the following address: PickyWallpapers@yahoo.com.
22. Online Privacy Notice
23. Copyright Claims
Pursuant to the Digital Millennium Copyright Act ('DMCA'), PickyWallpapers has designated an agent to receive notifications of alleged copyright infringement on the Site. Click Herefor our DMCA policy, which forms part of these TOS.
24. How To Contact Us
Please forward any comments or questions to email@example.com.