Terms of Service

BY USING AND/OR VISITING THIS WEBSITE (collectively, including all Content available through the WallpaperJam.com domain name, the "WallpaperJam.com", or "Website"), YOU SIGNIFY YOUR ASSENT TO THESE TERMS AND CONDITIONS (the "Terms of Service") If you do not agree to any of these terms, then please do not use the WallpaperJam.com Website.

General Terms

These Terms of Service apply to all users of the WallpaperJam.com Website, including users who are also contributors of image content, information, and other materials or services on the Website. WallpaperJam.com Website contain links to third party websites that are not owned or controlled by WallpaperJam.com. WallpaperJam.com has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, WallpaperJam.com will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve WallpaperJam.com from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the WallpaperJam.com website and to read the terms and conditions and privacy policy of each other website that you visit.

The services, including without limitation all content and other subject matter included within the services, are provided on an "as is" and "as available" basis, without warranty of any kind, either express or implied. Without limiting the foregoing, WallpaperJam.com specifically disclaims any and all warranties and conditions of merchantability, fitness for a particular purpose, quiet enjoyment and non-infringement, and any warranties arising out of course of dealing or usage of trade.

WallpaperJam.com takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the Service.

You are solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your AND OTHER USERS' online distribution and publication of your AND THEIR User Content.

You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the services, WallpaperJam.com content, and user content remains with you and you use the services at your own risk. You agree that neither WallpaperJam.com nor any other party involved in creating, producing, or delivering the services will be liable for any incidental, special, exemplary, punitive or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, arising out of or related to these terms or from the services, or from the use of or inability to use the services, user content, WallpaperJam.com content, or from any communications, interactions or meetings with other users of the services or other persons with whom you communicate or interact as a result of your use of the services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not WallpaperJam.com has been informed of the possibility of such damage.

In no event will WallpaperJam.com's aggregate liability, or that of its officers, directors, employees and agents, arising out of or in connection with these terms or from the services, or from the use of or inability to use the services, user content or WallpaperJam.com content exceed one hundred dollars ($100). The limitations of liability set forth above are fundamental elements of the basis of the bargain between WallpaperJam.com and you. Some jurisdictions do not allow the exclusion or certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the above disclaimers and limitations may not apply to you.

You acknowledge that we shall have the right (but not the obligation) in our sole discretion to refuse or remove any User Content that is available via the WallpaperJam.com website. Without limiting the foregoing, we shall have the right to remove any User Content for any reason whatsoever, whether or not it violates the Terms of Service.

Sharing Your Content

WallpaperJam.com allows you to share and post content on the Service, including wallpapers, art, photos, comments, and other materials. Anything that you post, display, or otherwise make available on our Service, including all Intellectual Property Rights (defined below) in such content, is referred to as "User Content". You retain all of your rights in all of the User Content you post to our Service.

How WallpaperJam.com and other users can use your content is subject to any applicable account settings you select. In doing so, you grant us a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, display, reproduce, modify (e.g., re-format), re-arrange, and distribute your User Content on WallpaperJam.com for the purposes of operating and providing the Service(s) to you and to our other Users.

Nothing in these Terms shall restrict WallpaperJam.com' rights under separate licenses to User Content. Please remember that the WallpaperJam.com Service is a public platform, and that other Users may search for, see, and use any User Content that you make publicly available through the Service.

Following termination of or deactivation of your account, or if you remove any User Content from your account' WallpaperJam.com may retain your User Content for a commercially reasonable period of time for backup, archival, or audit purposes.

Furthermore, WallpaperJam.com and other Users may retain and continue to display, reproduce, modify, re-arrange, and distribute any of your User Content that other Users have favorited, rated, or otherwise interacted with or which you have posted to public or semi-public areas of the Service.

To WallpaperJam.com and our community. WallpaperJam.com provides a creative and positive place for you to discover and share things you love, or post your creations. To keep it that way, we ask that you review and agree to abide by our rules. We must also insist that you only use our Service in a manner that is consistent with the WallpaperJam.com's Acceptable Use Policy.

Please be a good citizen on WallpaperJam.com, and always respect our Service and its Users. We reserve the right, but are not obligated, to remove User Content from the Service for any reason, including User Content that we believe violates these Terms or the WallpaperJam.com Acceptable Use Policy.

It is important that you understand that you are in the best position to know if the materials you post are legally allowed. We therefore ask that you please be careful when deciding whether to make User Content available on our Service.

To third parties: WallpaperJam.com values and respects the rights of third party creators and content owners, and expects you to do the same. You therefore agree that any User Content that you post to the Service does not and will not violate any law or infringe the rights of any third party, including without limitation any Intellectual Property Rights (defined below), publicity rights or rights of privacy.

When we refer to "Intellectual Property Rights" in these Terms, we mean all patent rights; copyright rights; moral rights; rights of publicity; trademark, trade dress and service mark rights (and associated goodwill); trade secret rights; and all other intellectual property and proprietary rights as may now exist or hereafter come into existence, and all applications for any of these rights and registrations, renewals and extensions of any of these rights, in each case under the laws of any state, country, territory or other jurisdiction.

Feedback you provide: We value hearing from our Users, and are always interested in learning about ways we can make WallpaperJam.com more awesome. You may choose to or we may invite you to submit comments, ideas or feedback about the Service, including, without limitation, about how to improve the Service or our products ("Feedback").

By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction; your disclosure will not place WallpaperJam.com under any fiduciary or other obligation; and we are free to use, disclose and otherwise exploit the Feedback without any restriction and without additional compensation to you.

By acceptance of your submission, WallpaperJam.com does not waive any rights to use similar or related Feedback previously known to WallpaperJam.com, or developed by its employees, or obtained from sources other than you.

WallpaperJam.com Content

Except for User Content, the Service itself, all content and other subject matter included on or within the Service, and all Intellectual Property Rights in or related to the Service or any such content or other subject matter ("WallpaperJam.com Content") are the property of WallpaperJam.com and its licensors.
Except as expressly provided in these Terms, you agree not to use, modify, reproduce, distribute, sell, license, or otherwise exploit the WallpaperJam.com Content without our permission.

• Subject to the terms and conditions of these Terms and our Acceptable Usage Policy, we grant you a license to use the Service, including accessing and viewing WallpaperJam.com Content, for your personal, noncommercial use to allow you to express yourself, discuss public issues, report on issues of public concern, engage in parody and as expressly permitted by the features of the Service.
• WallpaperJam.com may terminate this license at any time for any reason or no reason. Except for the rights and licenses expressly granted, WallpaperJam.com reserves all other rights and no other rights are granted by implication or otherwise.

Using WallpaperJam.com

• You may use the Service only if you can form a binding contract with WallpaperJam.com, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
• Any use or access to the Service by anyone under the age of 13 is strictly prohibited.
• Because we respect the WallpaperJam.com community, the Service is not available to any Users previously removed from the Service by WallpaperJam.com.

• Creating an account with WallpaperJam.com gives you access to the Services in our sole discretion.
• We may maintain different types of accounts for different types of Users.
• If you open an account on behalf of a company, organization, or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity's behalf.
• By connecting to WallpaperJam.com with a third-party service (e.g., Facebook or Twitter), you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.
• For more information on the types of information we collect from these third-party services, please read our Privacy Policy.
• You agree not to use user names that are offensive, obscene, or harassing to others.
• We reserve the right to require you to change your user name at any time and for any reason in our sole discretion.

• You may close your account at any time by contacting us.
• We may permanently or temporarily terminate or suspend your User account or access to the Service for any reason, without notice or liability to you, including if in our sole determination you violate any provision of our Acceptable Use Policy or these Terms, or for no reason.
• Upon termination of your use of the Service, you continue to be bound by:
  • Section "How WallpaperJam.com and other users can use your content",
  • Section "How long we keep your content",
  • Section "Feedback you provide",
  • Section "Definition of Intellectual Property Rights",
  • Section "WallpaperJam.com Content",
  • Section "Copyright Policy",
  • Section "Terminating your account",
  • Section "Your interactions with other Users".

• When you create your WallpaperJam.com account, you must provide us with accurate and complete information. Please be sure to provide us with up to date contact information for you so we know how to reach you.
• We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account.
• You are solely responsible for the activity that occurs on your account, and you agree to keep your account login and password secure.
• You must immediately notify WallpaperJam.com of any compromise of your credentials you become aware of and any unauthorized use of your account.

Here at WallpaperJam.com, we're always innovating and finding ways to provide our Users with new and innovative features and services. Therefore, we may, without prior notice, change the Service; add features, stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service.

• Please keep in mind that you are solely responsible for your interactions with other Users.
• We reserve the right, but have no obligation, to monitor disputes between you and other Users.
• WallpaperJam.com will have no liability for your interactions with other Users, or for any User's action or inaction.
• Please help to make WallpaperJam.com a positive and respectful community.

Acceptable Use Policy

• Creates a risk of harm, loss, damage, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to yourself, to any other person, or to any animal;
• Seeks to harm or exploit children by exposing them to inappropriate content;
• Asking for personally identifiable details or otherwise;
• Violates or encourages any conduct that violates applicable laws or regulations;
• Contains any information or content we deem to be:
  • hateful,
  • violent,
  • harmful,
  • abusive,
  • harassing,
  • threatening,
  • profane,
  • racially or ethnically offensive.
• Contains any information or content we deem to be:
  • invasive of personal privacy or publicity rights,
  • humiliating to other people (publicly or otherwise),
  • infringing,
  • defamatory,
  • libelous,
  • otherwise objectionable.
• Contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets);
• Infringes any third party's Intellectual Property Rights, privacy rights, publicity rights, or other personal or proprietary rights;
• Contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
• Is fraudulent, false, misleading, or deceptive.

• Use, display, mirror or frame the Service, any individual element within the Service, the WallpaperJam.com's name, trademark, logo or other proprietary information, or the layout and design of any page, without our express written consent;
• Access, tamper with, or use non-public areas of the Service, our computer systems, or the technical delivery systems of our providers;
• Attempt to probe, scan, or test the vulnerability of any WallpaperJam.com's system or network or breach any security or authentication measures;
• Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by WallpaperJam.com or any of our providers or any other third party (including another user) to protect the Services or WallpaperJam.com Content;
• Attempt to access or search the Services, User Content or WallpaperJam.com Content through the use of any engine, software, tool, agent, device or mechanism (including automated scripts, spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by WallpaperJam.com or other generally available third party web browsers;
• Attempt to scrape or download User Content or WallpaperJam.com Content from the Services, or otherwise use, upload content to, or create new links, reposts, or referrals in the Service through the stated methods above;
• Send any unsolicited or unauthorized spam and spam comments on posts, advertising messages, promotional materials, email, junk mail, chain letters or other form of solicitation;
• Use any meta tags or other hidden text or metadata utilizing a WallpaperJam.com or WallpaperJam.com trademark, logo, URL, or product name without WallpaperJam.com's express written consent;
• Use the Service for any commercial purpose or the benefit of any third party, except as otherwise explicitly permitted for you by WallpaperJam.com or in any manner not permitted by the Terms of Service;
• Use WallpaperJam.com user information to forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
• Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
• Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
• Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
• Impersonate or misrepresent your affiliation with any person or entity;
• Violate any applicable law or regulation;
• Encourage or enable any other individual to do any of the activities prohibited in this Acceptable Use Policy.

Indemnity

You agree to indemnify and hold harmless WallpaperJam.com and its officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), arising out of or in any way related to (i) your access to or use of the Services or WallpaperJam.com Content, (ii) your User Content, or (iii) your breach of any of these Terms.

WallpaperJam.com reserves the right to make changes and improvements to this Terms of Service, at any time and without notice. Please check this page from time to time to ensure that you accept any changes.

Last update: July 28, 2013