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Terms of Service |
Please take the time to read this entire agreement ("Agreement") governing your responsibilities (hereinafter, "you", "your" or "user") and use of the WallpaperPimper site ("Site"). Failure to adhere to your responsibilities under this Agreement will result in termination of your WallpaperPimper account and/or may expose you to liability. WallpaperPimper is owned by Joe Black (collectively with Site, "WallpaperPimper", "us" or "we").
To upload to WallpaperPimper and use WallpaperPimper'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 WallpaperPimper partners and affiliates who receive free or commission based WallpaperPimper Service.
1. Acceptance of terms
WallpaperPimper provides its service ("Service") to you, subject to the following TOS. Your use of the Site constitutes your acceptance to these TOS. WallpaperPimper reserves the right, in its sole and absolute discretion, to change, modify, add, or remove portion of this 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. WallpaperPimper 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. WallpaperPimper hereby specifically disclaims responsibility for your failure to read any third party terms of service.
2. Our Services
The WallpaperPimper Services are free services which allow you to choose from various categories of layouts designed to enhance the appearance of your MySpace profile, Teen Chill, Xanga or Friendster profiles. You can also use our layouts for your personal blog.
3. Prohibited Use
You agree not to use our layouts in a manner that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable.
4. 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.
5. Advertisements
You agree that in order to provide you this service WallpaperPimper can place advertisements into any interface provided by WallpaperPimper. Such advertisements are under WallpaperPimper's sole and absolute control and may not, under any circumstances, be removed.
6. Limitation of Liabilty
By the terms of this TOS, you have agreed to use the Site in a legal manner. You further agree that WallpaperPimper is not liable for any acts by you that violate paragraph 3 herein or the rights of any other party. WallpaperPimper hereby disclaims any liability from the foregoing.
7. Termination of Service / Removal Policy
We reserve the right to temporarily deactivate or permanently remove any WallpaperPimper layout at any time, in our sole and absolute discretion, for any reason, including, but without limitation, the following: use inconsistent with these TOS, illegal use, and network or server abuse.
8. Disclaimer of Warranties
WallpaperPimper attempts to ensure that service and the Site are available at all times. However, service is provided "as-is" and "as available".
Neither WallpaperPimper nor any provider of third party content, nor any of their respective agents:
(i) warrants that the service will be uninterrupted or error free;
(ii) makes any warranty as to the results to be obtained from the use of our services or the Site
(iii) makes any warranties of any kind, either express or implied, including but without limitation, warranties of title, any implied warranties of merchantability or fitness for a particular purpose or for any indirect special or consequential damages associated with WallpaperPimper service or Site; or
(iv) warrants that any files available for downloading through the Site will be free of viruses or similar contamination or destructive features.
Furthermore, WallpaperPimper 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.
9. WallpaperPimper Notice Display Policy / Third Party Advertisements
Any messages posted on the WallpaperPimper page 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, WallpaperPimper 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 WallpaperPimper. Additionally WallpaperPimper reserves the right to deliver communications, service announcements and self advertising in order to continue to provide a quality service to you.
10. Server Downtime Policy
While WallpaperPimper attempts to maintain it 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.
11. WallpaperPimper Intellectual Property
WallpaperPimper.com, and all other proprietary rights in the WallpaperPimper.com website are the intellectual property of Joe Black. All rights are reserved.
12. Indemnification
YOU AGREE, AT YOUR OWN EXPENSE, TO INDEMNIFY, DEFEND, AND HOLD HARMLESS WallpaperPimper.COM, ITS EMPLOYEES, AGENTS, AND REPRESENTATIVES AGAINST CLAIM, SUIT, ACTION, OR ADMINISTRATIVE PROCEEDING BROUGHT AGAINST WallpaperPimper.COM, 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 THIS 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.
13. Governing Law / Miscellaneous
This TOS shall be construed in accordance with the laws of the State of California, and you will agree to submit to jurisdiction to any action to enforce the terms herein in the federal or state courts of Los Angeles County, California. The rights and obligations herein may not be assigned or delegated. If any inconsistency exists between the terms of this TOS and any additional terms and conditions posted on the Site, such terms shall be interpreted as to eliminate any inconsistency, if possible, otherwise, this TOS shall control.
14. Entire Agreement
The TOS constitutes the entire and only Agreement between you and WallpaperPimper with respect to use of the Site, and supersedes any prior agreements, oral or written, between you and WallpaperPimper. 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 WallpaperPimper.
15. Modifications to the Terms of Service
WallpaperPimper may change these TOS at any time and in its sole 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 WallpaperPimper. If you do not agree with the modified Terms of Service, your only remedy is to discontinue using the WallpaperPimper Site
16. No Third Party Beneficiaries
You agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this agreement.
17. Statute of Limitiations
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.
18. Section Titles
The section titles in the TOS are for convenience only and have no legal or contractual effect.
19. Violations
Please report any violations of this TOS to the following address: violations(at)WallpaperPimper.com
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