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The following MyWallpaper Browser Add-on Software License and Terms of Service Agreement ("Terms" or the "Agreement") for the MyWallpaper Software, the MyWallpaper Extension and related services (the “Service”) is a legal contract between you, an individual subscriber ("User") regarding your use of the Services.
PLEASE READ CAREFULLY THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY INSTALLING THE BROWSER ADD-ON, USER ACKNOWLEDGES THAT YOU ARE ACCEPTING A BENEFIT BY USING THE SERVICE, AND THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT INSTALL THE BROWSER ADD-ON.
THE SERVICE IS NOT AVAILABLE TO PERSONS UNDER THE AGE OF 18 OR TO ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE SERVICE BY MyWallPaper. By registering for, accessing or using the Service, User represents that you are at least 18 years of age and have not been previously suspended or removed from the Service by MyWallPaper.
The MyWallpaper Software
1. MyWallpaper Software License. Subject to the terms and conditions set forth in this Agreement, MyWallPaper grants User a limited, nonexclusive, personal, nontransferable license to install and use the provided version of the MyWallpaper Software in object code format and to access the Service for internal and personal purposes only. The MyWallpaper Software is "in use" on a computer when it is loaded into the temporary memory (e.g., RAM) or installed into the permanent memory (e.g., hard disk, CD-ROM or other storage device) of a Device.
2. MyWallpaper Software License Restrictions. USER MAY NOT (AND MAY NOT ALLOW A THIRD PARTY TO) RENT, LEASE, SUBLICENSE, SELL, ASSIGN, LOAN, USE FOR TIMESHARING OR SERVICE BUREAU PURPOSES OR OTHERWISE TRANSFER THE MyWallpaper SOFTWARE OR ANY OF YOUR RIGHTS AND OBLIGATIONS UNDER THIS AGREEMENT. User may not (and may not allow a third party to): (a) reverse engineer, decompile, disassemble or attempt to reconstruct, identify or discover any source code, underlying ideas, underlying user interface techniques or algorithms of the MyWallpaper Software by any means whatsoever, except to the extent the foregoing restrictions are expressly prohibited by applicable law; (b) remove or destroy any copyright notices or other proprietary markings; (c) attempt to circumvent any use restrictions; (d) modify or adapt the MyWallpaper Software, merge the MyWallpaper Software into another program or create derivative works based on the MyWallpaper Software; or (e) use, copy or distribute the MyWallpaper Software without MyWallPaper's written authorization.
3. Content Restrictions. USER MAY NOT (AND MAY NOT ALLOW A THIRD PARTY TO) COPY, REPRODUCE, CAPTURE, STORE, RETRANSMIT, DISTRIBUTE, OR BURN TO CD (OR ANY OTHER FORMAT) ANY COPYRIGHTED CONTENT THAT YOU ACCESS OR RECEIVE WHILE USING THE MyWallpaper SOFTWARE OR SERVICE. USER ASSUMES ALL RISK AND LIABILITY FOR ANY SUCH PROHIBITED USE OF COPYRIGHTED CONTENT.
The Service
1. Availability. MyWallPaper agrees to allow User to use the MyWallpaper Software solely to access the Service. A computer or other equipment enabled to access the Internet ("Device") is required to utilize the Service. User is solely responsible for ensuring that your Device is sufficient and compatible for use with the Service. The speed and quality of the Service may vary and the Service is subject to unavailability, including emergencies, third party service failures, transmission, equipment or network problems or limitations, interference, signal strength, and maintenance and repair, and may be interrupted, refused, limited or curtailed. MyWallPaper is not responsible for any failures to maintain the confidentiality, security, accuracy or quality of your data, messages or pages whether or not related to interruptions or performance issues with the Service.
2. Denial of Access; Third Party Access. MyWallPaper reserves the right to modify or discontinue the Service at anytime without any notice for its convenience. MyWallPaper may deny access to the Service without any prior notice if User is in breach of this Agreement. User shall not allow any third party to access the Service from your Device.
3. Publisher Updates. MyWallPaper reserves the right to make future installs or updates at anytime without any notice for its convenience.
4. Changing Your Internet Browser Settings. As part of the installing of the MyWallpaper Software, this may offer changes to your Internet Browser settings. This change if approved by you can be reconfigured by you at any time from the options dialog available on your Internet Browser. Such changes may include the following:
4.1 The homepage of your Internet Browser
4.2 The default search engine in your Internet Browser's built-in search box
4.3 The page displayed when opening a new tab.
Prohibited Conduct.
BY USING THE MyWallpaper SOFTWARE OR THE SERVICE USER AGREES NOT TO:
1. use the MyWallpaper Software or Service for any fraudulent, harassing or abusive purpose, or so as to damage or cause risk to our business, reputation, employees, subscribers, facilities, or to any person;
2. rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the Service, MyWallpaper Software or any Materials;
3. delete the copyright or other proprietary rights on the MyWallpaper Software or Service;
4. use the MyWallpaper Software or Service for any illegal purpose, or in violation of any local, state, national, or international law;
5. use the Service or MyWallpaper Software for any commercial use, it being understood that the MyWallpaper Software and Service is for personal, non-commercial use only;
6. use the MyWallpaper Software or Service if User is under the age of 18 years old;
7. remove, circumvent, disable, damage or otherwise interfere with security-related features of the MyWallpaper Software or Service, features that prevent or restrict use or copying of the MyWallpaper Software, or features that enforce limitations on the use of the Service;
8. reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Service or MyWallpaper Software or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
9. modify, adapt, translate or create derivative works based upon the MyWallpaper Software or Service or any part thereof, except and only to the extent foregoing restriction is expressly prohibited by applicable law; or
10. intentionally interfere with or damage operation of the Service, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code. Third-Party Transactions.
1. Advertisements. If User is accessing the Service, MyWallPaper may deliver third-party Advertisements in the form of coupons, price-comparisons, display media, affiliate links and other links through means including but not limited to the content of any web page accessed, plug-ins, add-ons, or the browser itself. Advertisements may be injected to overlay the page or inserted directly into the page content. User hereby acknowledges and consents that MyWallPaper may alter the content of any web page accessed for the purpose of displaying Advertisements. MyWallPaper does not endorse and is not responsible for any information, materials, products, or services contained in or accessible through Advertisements. Accordingly, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service are solely between User and such advertiser. ACCESS AND USE OF ADVERTISEMENTS, INCLUDING THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES ON OR AVAILABLE THROUGH ADVERTISEMENTS SITES IS SOLELY AT YOUR OWN RISK.
2. Otherwise. If User chooses to access web sites, services or content, or purchase products from third parties, including without limitation through third-party payment vendors while using the Service, User's personal information may be available to the third-party provider. If User chooses to visit, purchase, or use any third-party products, websites or services, please note that MyWallPaper's policies will not apply to your activities or any information you disclose while using third-party products, websites or services or otherwise interacting with third parties and MyWallPaper will not be responsible for the consequences of User's activities or interaction with third-party products, websites or services even if the third-party product, website or services were found via the MyWallpaper Software. How third parties handle and use your personal information related to their sites and services is governed by their security, privacy and other policies, if any, and not our policies. MyWallPaper has no responsibility for any third party's activities or any third party's policies or any third party's compliance with them.
3. Collection of Anonymous Information. MyWallPaper may collect Anonymous Information about you. MyWallPaper may use such Anonymous Information or disclose it to authorized service providers, to improve the Service, to enhance your experience with the MyWallpaper Extension and the MyWallpaper Software, during the term of this Agreement or anytime thereafter. MyWallPaper may also disclose Anonymous Information (with or without compensation) to third parties, including advertisers and partners, for purposes including, but not limited to, targeted advertisements. Anonymous Information means information which does not enable identification of an individual user, such as aggregated and analytics information about the use of the Service and the MyWallpaper Extension, demographic information, including but not limited to your browser type, operating system type and IP address.
Termination; Terms of Service Violations.
1. MyWallPaper. User agrees that MyWallPaper, in its sole discretion, for any or no reason, and without penalty, may terminate your use of the Service or the MyWallpaper Software at any time. MyWallPaper may also in its sole discretion and at any time discontinue providing access to the Service, or any part thereof, with or without notice. User agrees that any termination of your access to the Service may be effected without prior notice and User agrees that MyWallPaper will not be liable to User or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies MyWallPaper may have at law or in equity.
2. User. Your only remedy with respect to any dissatisfaction with (i) the Service or MyWallpaper Software, (ii) any term of this Agreement, or (iii) any policy or practice of MyWallPaper in operating the Service, is to terminate this Agreement. User may terminate this Agreement at any time by discontinuing use of any and all parts of the Service and certifying in writing to MyWallPaper that all copies of the MyWallpaper Software have been destroyed or deleted from any of your Device or other storage devices.
Ownership; Proprietary Rights.
The MyWallpaper Software and Service are owned and operated by MyWallPaper and its partners. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the Service or MyWallpaper Software provided by MyWallPaper (the "Materials") are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Materials contained on the MyWallpaper Software or Service (excluding any Materials on third-party websites) are the property of MyWallPaper or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to MyWallPaper or its affiliates and/or third-party licensors. Except as expressly authorized by MyWallPaper, User agrees not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. MyWallPaper reserves all rights not expressly granted in this Agreement.
Indemnification.
User agrees to indemnify, save, and hold MyWallPaper, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the MyWallpaper Software or Service, any violation by User of this Agreement, or any breach of the representations, warranties, and covenants made by User herein.
Disclaimers; No Warranties.
1. No Warranties. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MyWallPaper, AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM MyWallPaper OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. USER EXPRESSLY ACKNOWLEDGES THAT AS USED IN THIS SECTION 9 THE TERM MyWallPaper INCLUDES MyWallPaper OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS.
2. "As is" and "As available" and "With All Faults". USER EXPRESSLY AGREES THAT USE OF THE SERVICE AND MyWallpaper SOFTWARE IS AT USER'S SOLE RISK. THE SERVICE, MyWallpaper SOFTWARE AND ANY DATA, INFORMATION, THIRD-PARTY MyWallpaper SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE", "WITH ALL FAULTS" BASIS AND WITH NO ASSURANCES THAT THE MyWallpaper SOFTWARE OR SERVICE WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, BUGS, DISABLEMENTS OR OTHER CIRCUMVENTION. MyWallPaper, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
3. Harm to Your Computer. USER UNDERSTANDS AND AGREES THAT USER'S USES, ACCESSES, AND DOWNLOADS THE MyWallpaper SOFTWARE AND OTHERWISE OBTAINS OR TRANSMITS MATERIALS, DATA, OR OTHER CONTENT WHILE USING THE SERVICE SOLELY AT USER'S OWN DISCRETION AND RISK.
Limitation of Liability and Damages.
1. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL MyWallPaper OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES, OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THAT RESULT FROM YOUR USE OF OR YOUR INABILITY TO USE THE SERVICE OR MyWallpaper SOFTWARE, OR ANY OTHER INTERACTIONS WITH MyWallPaper, EVEN IF MyWallPaper OR A MyWallPaper AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, MyWallPaper'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
2. Limitation of Damages. IN NO EVENT WILL THE TOTAL LIABILITY OF MyWallPaper OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TO USER FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR USE OF THE SERVICE OR MyWallpaper SOFTWARE (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY USER, IF ANY, FOR ACCESSING THE MyWallpaper SOFTWARE AND SERVICE DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.
3. Limitations by Applicable Law. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO USER. USER MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
4. Consumer End Users (Outside of the USA). This Section 4 applies only if User resides and utilizes the Service and MyWallpaper Software outside of the United States.
(A) Warranties. The limitations or exclusions of warranties and liability contained in this Agreement do not affect or prejudice the statutory rights of a consumer.
(B) Data Transfer. If User is accessing the Service from any region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please be advised that through your continued use of the MyWallpaper Software and Service, which are governed by U.S. law and this Agreement, you may be transferring your personal information to the United States and you consent to that transfer.
Miscellaneous.
1. Disclosure of Information. MyWallPaper may disclose any information you submitted via the use of the MyWallpaper Software or Service if MyWallPaper has a good faith belief that disclosure of such information is helpful or reasonably necessary to (i) comply with any applicable law, regulation, legal process or governmental request, (ii) detect, prevent, or otherwise address fraud or security issues, or (iii) protect against harm to the rights, property or safety of MyWallPaper, their users, yourself or the public. In the event that MyWallPaper are acquired by or merged with a third party entity, MyWallPaper reserves the right to transfer or assign the information MyWallPaper has collected from you as part of such merger, acquisition, sale, or other change of control. In the unlikely event of MyWallpaper’s bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, MyWallPaper may not be able to control how your information is treated, transferred, or used. In any of the circumstances described in this paragraph, the information will be subject to the privacy policy of the purchaser or assignee.
2. Notice. MyWallPaper may provide User with notices, including those regarding changes to this Agreement, by posting the notice on the MyWallPaper website. Notice will be deemed given twenty-four hours after posting.
3. Waiver. The failure of MyWallPaper to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by MyWallPaper.
4. Governing Law. This Agreement will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. If User is accessing the Service from any region with laws or regulations governing personal data collection, use, and disclosure, that differ from laws of California, please be advised that through your installation and use of the MyWallpaper Software and Service, which are governed by the laws of California and this Agreement, User consents and agrees that use of your personal data by MyWallPaper will be governed by the laws of the State of California.
5. Jurisdiction. User agrees that any action at law or in equity arising out of or relating to this Agreement or MyWallPaper will be filed only in the state or federal courts in and for Los Angeles County, California, and User hereby consents and submits to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.
6. Severability. If any provision of this Agreement is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
7. Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by User, but may be assigned by MyWallPaper without restriction. Any assignment attempted to be made in violation of this Agreement shall be void.
8. Entire Agreement. This Agreement constitutes the entire agreement between User and MyWallPaper relating to the subject matter herein. MyWallPaper reserves the right to modify this agreement without notice to User. By installing and accessing the Services, you also agree that you will be considered to have been given notice of any modifications to this agreement once we post them to terms and that your continued use of the Service after such notice shall be deemed an acceptance of any changes. It is your responsibility to check to determine if there have been changes to this Agreement and to review such changes.
9. Claims. USER AND MyWallPaper AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE OR SOFTWARE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
10. Disclosures. The Service and MyWallpaper Software set forth hereunder are offered by MyWallPaper