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Terms and Conditions
By using the SimplytheBest WallZone (the "Site") or other SimplytheBest.net services (the "Service" or "Services"), you agree to be bound by the following terms and conditions (the "Terms"). This document also states the terms of use as well as the Terms at which your submission will be accepted for listing in the Site. By viewing, downloading or submitting a wallpaper (the "Content") you agree to abide by the following terms:

TERMS OF USE (the "Agreement")

You understand and agree to the following: (a) if you choose to register, you must submit a valid e-mail address and select a password and username during the registration process; (b) You are responsible for maintaining the confidentiality of your username and password, and all uses of your account - whether or not you have authorized such use; (c) You agree to notify the Site immediately of any unauthorized use of your account and (d) Membership of the Service is void where prohibited. This Service is intended solely for users who are eighteen (18) years of age or older. Any registration by, use of or access to the Service by anyone under 18, is unauthorized, unlicensed and in violation of these Terms. By using the Service you represent and warrant that you are 18 years or older, and that you agree to and to abide by all of the terms and conditions of the Terms. The Company (the "Company") will not be held liable for any loss or damage for non-compliance. In addition, you understand and agree that the content of all users, including your content, will be collected, aggregated and anonymously integrated into the Service. You understand, and agree that, unless expressly stated, the Company in no way controls, verifies, or endorses any of the information contained on or in the Service, including data, links, events, messages, message boards and content published by members. By agreeing to these Terms, members affirm that they will not use this Service to harass or abuse other members. Individuals who have demonstrably harassed other individuals via message boards, private messages, classified ads, or using other means may be removed from the Service.

Although registration is not required to use the Service or parts thereof, if you decide to register for the Service, you must complete the Site registration screen. As part of the registration process for the Service, you agree to: (a) provide certain limited information about you as prompted to do so by the Services (such information to be current, complete and accurate); and (b) maintain and update this information as required to keep it current, complete and accurate. The information requested upon original sign up shall be referred to as registration data ("Registration Data"). The Company reserves the right to delete accounts created by users who appropriate the name, likeness, email address, or other personally identifiable information of another individual. The Company reserves the right to refuse the Service to any user.

Content linked to by the Site

The web sites displayed as search results or linked to are developed by third parties and though we screen all web sites before including them in the index, a search using the Site may produce search results and links to web sites that some people may find objectionable, inappropriate or offensive. We cannot guarantee that a search will not locate unintended or objectionable content and assume no responsibility for the content of any web site included in any search results. The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because the Company has no control over such sites and resources, you acknowledge and agree that the Company is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that the Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Services. You agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

For personal use only

The Content is made available for personal, non-commercial use only. You may not use the Site's Content to sell a product or service, or to increase traffic to your web site for commercial reasons. You may not take the results from a search, reformat and display them, or mirror the Site's home page or results pages on your Web site. You may also not use the Site's search results for a meta-search without prior written permission. You may not attempt to override or circumvent any of the usage rules embedded into the Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided by the Services, in whole or in part, is strictly prohibited.

Under this license you may not:
  • modify the materials
  • use the materials for any commercial purpose, or for any public display (commercial or non-commercial)
  • attempt to decompile or reverse engineer any wallpaper contained on the Site
  • remove any copyright or other proprietary notations from the materials
Responsibility of Contributors

If you post material to the Site, make comments on submissions, post links on the Site, or otherwise make (or allow any third party to make) material available by means of the Site (any such material, "Content"), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, or computer software. By making Content available, you represent and warrant that:
  • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party
  • if your employer has rights to intellectual property you create, you have either: i.received permission from your employer to post or make available the Content, including but not limited to any software, or ii.secured from your employer a waiver as to all rights in or to the Content
  • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms
  • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content
  • the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing)
  • the Content is not libelous or defamatory (more info on what that means), does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;g.your submissions are not written in a manner that misleads readers into thinking that you are another person or company. For example, you do not claim to be a person other than yourself or company other than your own
Content that is illegal or prohibited, includes, but is not limited to, material, text, graphics, video or audio that:
  • is unlawful, harassing, libelous, abusive, threatening, harmful, bigoted, racially offensive, obscene or otherwise objectionable
  • displays sexually explicit material of any kind in an area that is not categorized for Mature Content
  • is intended or designed to disrupt an ongoing conversation via flaming (a message in which the writer publicly attacks another participant in overly harsh, or personal terms) or trolling (deliberately posting derogatory or inflammatory comments in order to bait other users into responding)
  • encourages conduct that could constitute a criminal offense, gives rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation
  • transmits or posts any unsolicited or unauthorized advertising, spam, junk mail, chain letters pyramid schemes, etc.
  • transmits or posts any content that infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights
  • transmits or posts any viruses or material designed to disrupt, limit or destroy any functionality of any computer software or hardware of users, members or the Service
  • collects, stores or solicits information about other users or members for commercial or unlawful purposes or engage in commercial activity such as contests, sweepstakes, etc. without the Company's prior consent
  • contains personally identifiable information about another member that is published without their express consent
  • contains material originally posted by another member that is re-posted without permission or attribution
  • advertises any illegal services or the sale of any items prohibited or restricted by applicable law
  • has misleading email addresses or other manipulated identifiers to disguise its origin
The Company considers the following content to be mature:
  • explicitly sexual content - visual depictions or written descriptions
  • intense depictions or descriptions of violence or gore
  • obscene gestures
  • profanity that is sexual in nature or that is directed at another member
  • discussions or information about illicit substances
Hate speech is not acceptable and will not be tolerated on the Site or the Service. As defined by the Company, hate speech may consist of symbols or images, as well as text. The Company defines sexually oriented content as any material that depicts, in actual or simulated form, or explicitly describes, in a predominantly sexual context, human genitalia, any act of sexual intercourse, any act of sadism or masochism, or any other erotic subject directly related to the foregoing. You are solely responsible for your interactions with other users of the Site or Service. We reserve the right, but have no obligation, to monitor disputes between you and other users.

By submitting Content to the Site, you grant the Company a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt, and publish the Content solely for the purpose of displaying, distributing, and promoting the Site. If you delete Content, the Company will use reasonable efforts to remove it from the Site, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

Without limiting any of those representations or warranties, the Company has the right (though not the obligation) to, in the Company's sole discretion to:
  • refuse or remove any content that, in the Company's reasonable opinion, violates any Company policy or is in any way harmful or objectionable
  • terminate or deny access to and use of the Site to any individual or entity for any reason, in the Company's sole discretion.
  • The Company reserves the right to change any and all content, software and other items used or contained in the Site and any Services and Applications offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by the Company.
Proprietary rights

You acknowledge and agree that the Services and any necessary software used in connection with the Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the Services or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by the Company or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services, in whole or in part.

Intellectual property

As the Company asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by the Service violates your copyright, you are encouraged to notify the Company in accordance with our policy. The Company will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of the Site or others, the Company may, in its discretion, terminate or deny access to and use of the Services.

I) Notification of Alleged Copyright Infringement

If you believe that your own copyrighted work is accessible on the Service in violation of your copyright, you may provide our Designated Agent with a written communication as set forth in the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. ? 512(c)(3) that substantially contains the following information:
  • Identify in sufficient detail the copyrighted work or intellectual property that you claim has been infringed so that we can locate the material on the Service. You must provide us with reasonably sufficient information to locate the alleged infringing material.
  • Provide the electronic or physical signature of the owner of the copyright or a person authorized to act on the owner's behalf.
  • Include a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  • Include a statement by you that the information contained in your Notice is accurate and that you attest under the penalty of perjury that you are the copyright owner or that you are authorized to act on the copyright owner's behalf.
  • Include your name, mailing address, telephone number and email address.
  • Submit your Notification of Alleged Copyright Infringement using our Contact form.
You may be liable for damages, including court costs and attorneys fees, if you materially misrepresent that content on the Site and/or Services is copyright infringing. Filing a false claim constitutes perjury.

Upon receiving a proper Notification of Alleged Copyright Infringement, we will remove or disable access to the allegedly infringing material and promptly notify the alleged infringer of your claim. We also will advise the alleged infringer of the DMCA statutory Counter Notification procedure described below by which the alleged infringer may respond to your claim and request that we restore this material.

II) Counter Notification

If you believe your own copyrighted material has been removed from the Site and/or Service as a result of mistake or misidentification, you may submit a written Counter Notification to our Designated Agent pursuant to 17 U.S.C. ? 512(g)(2) and (3). To be an effective Counter Notification under the DMCA, your Counter Notification must substantially include the following:

  • Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled.
  • A statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which the service provider may be found.
  • A statement that you will accept service of process from the party that filed the Notification of Alleged Copyright Infringement or the party's agent.
  • Your name, mailing address, telephone number and email address.
  • A statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
  • Your physical or electronic signature.
  • Submit your Counter Notification using the Contact form.
If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material after 10 business days but no later than 14 business days from the date we receive your Counter Notification, unless our Designated Agent first receives notice from the party filing the original Notification of Alleged Copyright Infringement informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question. If you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorneys fees. Filing a false claim constitutes perjury.

Disclaimer of warranties

The Company disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the Site's search results. The Company disclaims any responsibility for the deletion, failure to store, misdelivery or untimely delivery of any information or material. The Company disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the Services.

THE SERVICES, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. THE COMPANY AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. THE COMPANY AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICES. THE COMPANY AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SERVICES. THE COMPANY AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICES. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, BUT YOU AGREE THAT BY USING THE SERVICES THE ABOVE EXCLUSIONS DO APPLY TO YOU.

Limitation of liability

UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE SERVICES. ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF THE COMPANY OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICES, FROM INABILITY TO USE THE SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICES. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, BUT YOU AGREE THAT BY USING THE SERVICE THE ABOVE LIMITATIONS AND EXCLUSIONS DO APPLY TO YOU.

Indemnity

YOU HEREBY AGREE, AT YOUR EXPENSE, TO INDEMNIFY, DEFEND AND HOLD THE COMPANY HARMLESS FROM AND AGAINST ANY LOSS, COST, DAMAGES, LIABILITY, AND/OR EXPENSE ARISING OUT OF OR RELATING TO (A) THIRD PARTY CLAIMS, ACTIONS OR ALLEGATIONS OF INFRINGEMENT BASED ON INFORMATION, DATA OR CONTENT YOU SUBMITTED IN CONNECTION WITH THE SITE OR THE SERVICE, (B) ANY FRAUD OR MANIPULATION, OR OTHER BREACH OF THIS AGREEMENT, BY YOU, OR (C) THIRD PARTY CLAIMS, ACTIONS OR ALLEGATIONS BROUGHT AGAINST THE COMPANY ARISING OUT OF YOUR USE OF THE SITE OR THE SERVICE.

Without limiting the foregoing, under no circumstances shall the Company or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light or air conditioning.

Changes in terms and conditions

We may modify or terminate our services from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services. We reserve the right to modify these terms of service without any notice. By using the Site you are agreeing to be bound by the then current version of the Terms.

Termination

The Company may terminate your access to all or any part of the Site at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Site's account (if you have one), you may simply discontinue using the Site. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Miscellaneous provisions

To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SITE OR THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to the Site and/or the Service (including your visit to or use of the Site and/or the Service) be instituted more than three (3) years after the cause of action arose.

These Terms will be governed by and construed in accordance with the laws of the Seychelles, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remainder of the Terms will continue in full force and effect. The parties specifically exclude from application to the Agreement the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act. These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms will be effective only if in writing and signed by the Company. We reserve the right to refuse any inclusion request or page submission for any reason.

Use the contact form if you need to contact us.

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