- Introduction
1.1 These Terms and Conditions (“Terms”) govern your access and use of the website at www.desktopbackgrounds.net and all related services provided by Desktop Backgrounds (“the Service”). By accessing or using the Service, you agree to be legally bound by these Terms. Please read these Terms carefully before using the Service.
- Acceptance of Terms
2.1 By accessing or using the Service, you acknowledge that you have read, understood, and accepted these Terms in their entirety. These Terms constitute a legally binding agreement between you and Desktop Backgrounds.
2.2 If you do not agree to these Terms, you must immediately stop using the Service and refrain from accessing any part of it.
- Use of the Service
3.1 You must be at least 18 years old or the age of majority in your jurisdiction to use the Service. By using the Service, you represent and warrant that you are legally capable of entering into a binding contract.
3.2 You are solely responsible for all activities conducted through your account on the Service. You agree to keep your account information, including your username and password, confidential and not to disclose it to any third party.
3.3 Desktop Backgrounds reserves the right to suspend or terminate your account and access to the Service if it suspects any unauthorized use or breach of these Terms.
- Intellectual Property Rights
4.1 The Service and all its content, including but not limited to images, graphics, logos, text, and software, are the intellectual property of Desktop Backgrounds or its licensors and are protected by copyright, trademark, and other intellectual property laws.
4.2 Subject to these Terms, Desktop Backgrounds grants you a limited, non-exclusive, revocable, and non-transferable license to access and use the Service for personal and non-commercial purposes.
4.3 You may not reproduce, modify, distribute, display, perform, or create derivative works of the content on the Service without prior written consent from Desktop Backgrounds or the respective copyright owner.
- User-Generated Content
5.1 The Service may allow you to upload or submit user-generated content, including images, graphics, and text. By uploading or submitting such content, you grant Desktop Backgrounds a worldwide, non-exclusive, royalty-free, and sublicensable license to use, reproduce, modify, adapt, publish, distribute, and display the content in connection with the Service.
5.2 You represent and warrant that you own or have the necessary rights, licenses, and permissions to upload or submit the user-generated content and that its use by Desktop Backgrounds does not violate any third-party rights.
5.3 Desktop Backgrounds reserves the right to remove or refuse to publish any user-generated content that it deems inappropriate, offensive, or in violation of these Terms.
- Prohibited Conduct
6.1 You agree not to use the Service for any unlawful, harmful, or abusive purpose, or in any way that violates these Terms.
6.2 Prohibited conduct includes, but is not limited to: a) Uploading, posting, or transmitting any content that infringes on any third party’s copyrights, trademarks, or other intellectual property rights. b) Uploading, posting, or transmitting any content that is defamatory, libelous, obscene, or otherwise offensive or harmful. c) Impersonating any person or entity, or falsely representing your affiliation with any person or entity. d) Using the Service for any spamming, data mining, or automated data collection purposes. e) Attempting to gain unauthorized access to the Service or its related systems or networks.
- Payment and Pricing
7.1 If the Service offers products for sale, you agree to pay the applicable fees and charges as displayed on the Service. All payments are processed through secure third-party payment processors, and Desktop Backgrounds does not store any payment information.
7.2 Desktop Backgrounds reserves the right to change the pricing of its products at any time without prior notice.
- Disclaimer of Warranty
8.1 The Service is provided “as is” and without warranties of any kind, whether express or implied. Desktop Backgrounds makes no representations or warranties regarding the accuracy, reliability, or availability of the Service.
8.2 Desktop Backgrounds does not guarantee that the Service will be uninterrupted, error-free, or free from viruses or other harmful components.
- Limitation of Liability
9.1 To the maximum extent permitted by law, Desktop Backgrounds and its affiliates shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in any way related to the use of the Service.
9.2 In no event shall Desktop Backgrounds’ total liability exceed the amount paid by you, if any, for accessing or using the Service.
- Indemnification
10.1 You agree to indemnify and hold harmless Desktop Backgrounds and its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses arising out of or in connection with your use of the Service or any breach of these Terms.
- Termination
11.1 Desktop Backgrounds reserves the right to suspend or terminate your access to the Service at any time, with or without cause and without prior notice.
11.2 Upon termination, all provisions of these Terms which by their nature should survive termination shall continue in full force and effect.
- Governing Law and Jurisdiction
12.1 These Terms shall be governed by and construed in accordance with the laws of [Jurisdiction], without regard to its conflict of laws principles.
12.2 Any dispute arising out of or in connection with these Terms shall be submitted to the exclusive jurisdiction of the courts of [Jurisdiction].
- Changes to the Terms
13.1 Desktop Backgrounds reserves the right to modify or update these Terms at any time. Changes to the Terms will be effective immediately upon posting on the Service.
13.2 It is your responsibility to review these Terms regularly to stay informed of any updates. Continued use of the Service after any changes to the Terms constitutes acceptance of the modified Terms.
- Entire Agreement
14.1 These Terms constitute the entire agreement between you and Desktop Backgrounds regarding your use of the Service and supersede all prior agreements and understandings, whether oral or written.
14.2 No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision.