Acceptance Of Terms
Description Of Service
Desktip is a wallpaper streaming Platform which enables anybody to post photographs and images, and display them live on the device’s background of the members of the community that use the Apps. They can inform and promote their work, a brand or an individual (“Services”). Services include, but are not limited to, any service and/or content Desktip makes available to or performs for you, as well as the offering of any materials displayed, transmitted or performed on the Platform or through the Services. Content (“Content”) includes, but is not limited to text, information, data, graphics, news articles, photographs, images, illustrations, and software.
Your access to and use of the Platform may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair of the Platform or any other reason within or outside the control of Desktip. Desktip reserves the right to suspend or discontinue the availability of the Platform and/or any Service and/or remove any Content at any time at its sole discretion and without prior notice. Desktip may also impose limits on certain features and Services or restrict your access to parts of or all of the Platform and the Services without notice or liability. The Platform should not be used or relied upon for storage of your photographs and images and you are directed to retain your own copies of all Content posted on the Platform.
As a condition to using Services, you are required to open an account with Desktip and select a password and username, and to provide registration information. The registration information you provide must be accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your Desktip account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
You are responsible for maintaining the confidentiality of your password and are solely responsible for all activities resulting from the use of your password and conducted through your Desktip account.
Services are available only to individuals who are either (i) at least 18 years old, or (ii) at least 14 years old, and who are authorized to access the Platform by a parent or legal guardian. If you have authorized a minor to use the Platform, you are responsible for the online conduct of such minor, and the consequences of any misuse of the Platform by the minor. Parents and legal guardians are warned that the Platform does display photographs and images containing nudity and violence that may be offensive to some.
The Services are for use by any individuals, companies or other market entities.
All Content posted or otherwise submitted to the Site is the sole responsibility of the account holder from which such Content originates and you acknowledge and agree that you, and not Desktip are entirely responsible for all Content that you post, or otherwise submit to the Site. Desktip does not control user submitted Content and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Platform you may be exposed to Content that is offensive, indecent or objectionable.
As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by Desktip. By way of example, and not as a limitation, you agree not to use the Services:
To abuse, harass, threaten, impersonate or intimidate any person;
To post or transmit, or cause to be posted or transmitted, any Content that is libellous, defamatory, obscene, pornographic, abusive, offensive, profane, or that infringes any copyright or other right of any person;
For any purpose (including posting or viewing Content) that is not permitted under the laws of the jurisdiction where you use the Services;
To post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Desktip user;
To create or transmit unwanted ‘spam’ to any person or any URL
To post copyrighted Content which doesn’t belong to you, with exception of Blogs, where you may post such Content with explicit mention of the author’s name and a link to the source of the Content;
You will not use any robot, spider, scraper or other automated means to access the Platform for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Platform or any activities conducted on the Platform; or (iii) bypass any measures we may use to prevent or restrict access to the Platform;
To artificially inﬂate or alter like counts, or any other Service or for the purpose of giving or receiving money or other compensation in exchange for likes, or for participating in any other organized effort that in any way artificially alters the results of Services;
To advertise to, or solicit, any user to buy or sell any products or services, or to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
To promote or sell Content of another person
To sell or otherwise transfer your profile.
To report a suspected abuse of the Platform, a breach of the Terms or copyright infringement please send written notice to Desktip at email: firstname.lastname@example.org.
Content Submitted Or Made Available For Inclusion On The Service
By submitting content to the site you are granting Desktip a worldwide, Non exclusive license to use the content and are representing and warranting to Desktip That the content is owned or duly licensed by you, and that Desktip is free to publish, Distribute and use the content as hereinafter provided for without obtaining permission Or license from any third party.
In consideration of Desktip’s agreement to allow you to post Content to the Platform and Desktip’s agreement to publish such Content and for other valuable consideration the receipt and sufficiency of which are hereby expressly and irrevocably acknowledged, you agree with Desktip as follows:
You acknowledge that:
By uploading your photographic or graphic works to Desktip you retain full rights to those works that you had prior to uploading.
By posting Content to the Platform you hereby grant to Desktip a non-exclusive, fully paid, worldwide license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content in connection with the Services. This license will exist for the period during which the Content is posted on the Site and will automatically terminate upon the removal of the Content from the Platform;
The license granted to Desktip includes the right to use your Content fully or partially for promotional reasons.
Desktip uses industry recognized software and measures to restrict the ability of users to make high resolution copies of Content. Notwithstanding this, Desktip makes no representation and warranty that Content posted on the Platform will not be unlawfully copied without your consent. Desktip does not restrict the ability of users to make low resolution or ‘thumbnail’ copies of Content posted on the Site and you hereby expressly authorize Desktip to permit users and visitors to the Site to make such low resolution copies of your Content; and
Subject to the terms of the foregoing license, you retain full ownership or other rights in your Content and any intellectual property rights or other proprietary rights associated with your Content.
You represent and warrant that:
You are the owner of all rights, including all copy rights in and to all Content you submit to the site;
You have the full and complete right to enter into this agreement and to grant to Desktip the rights in the Content herein granted, and that no further permissions are required from, nor payments required to be made to any other person in connection with the use by Desktip of the Content as contemplated herein; and
The Content does not defame any person and does not infringe upon the copyright, moral rights, publicity rights, privacy rights or any other right of any person, or violate any law or judicial or governmental order.
You shall not have any right to terminate the permissions granted herein, nor to seek, obtain, or enforce any injunctive or other equitable relief against Desktip, all of which such rights are hereby expressly and irrevocably waived by you in favour of Desktip.
Removal of Images
At any time you can remove your Images from the Desktip automatically using the settings. In addition, Desktip may remove any Images that it believes to be in breach of the Terms. In all cases copies of your Images used for promotional purposes shall be removed within a reasonable period of time following your removal request, however submitted.
You may terminate your account at any time in your sole discretion. Desktip may terminate your account at any time for any reason or no reason. All Images remaining in your account will be removed by Desktip upon termination of your account.
Desktip respects the intellectual property rights of others. It is our policy to respond promptly any claim that Content posted on the Platform infringes the copyright or other intellectual property infringement (“Infringement”) of any person. Desktip will use reasonable efforts to investigate notices of alleged Infringement and will take appropriate action under applicable intellectual property law and these Terms where it believes an Infringement has taken place, including removing or disabling access to the Content claimed to be infringing and/or terminating accounts and access to the Platform.
To notify Desktip of a possible Infringement you must submit your notice in writing to the attention of “Copyright Infringement” care of info@Desktip.net and include in your notice a detailed description of the alleged Infringement sufficient to enable Desktip to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing your copyright.
If we remove or disable access to Content in response to a notice of Infringement, we will make reasonable attempts to contact the user who posted the affected Content. If you feel that your Content is not infringing, you may provide Desktip with a counter notice in writing to the attention of “Copyright Infringement Counter Notification” at email@example.com. You must include in your counter notice sufficient information to enable Desktip to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorneys’ fees) if you materially misrepresent that your Content is not infringing the copyrights of others.
If you are uncertain whether an activity constitutes Infringement, we recommended seeking advice of an attorney.
The Services may provide, links to other World Wide Web sites or resources. Because Desktip has no control over such sites and resources, you acknowledge and agree that Desktip 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 Desktip 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.
Release And Indemnity
You hereby expressly and irrevocably release and forever discharge Desktip, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Platform and the Services.
You hereby agree to indemnify and hold harmless Desktip, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of (i) a breach of these Terms, (ii) Content posted on the Platform, (iii) the use of the Services, by you or any person using your account or Desktip Username and password, or (v) any violation of any rights of a third party.
Limitation Of Liability
In no event shall Desktip be liable under contract, tort, strict liability, negligence or other Legal theory with respect to the Platform, the Services or any content (i) for any lost profits or Special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, (ii)
Desktip, Desktip.net and other Desktip graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Desktip. Desktip‘s trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Desktip. The images and icons available in the Desktip icon pack may used by partners and third party sites in connection with providing appropriate links to the Desktip Platform.
Desktip may terminate or suspend any and all Services and/or your Desktip account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination of your account, your right to use the Services will immediately cease. You can terminate your Desktip account by using the settings on the Site. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
It is your responsibility to remove all Content from your account prior to termination. Upon termination of your account Desktip will automatically remove all Content posted to your account.
Desktip reserves the right, at its sole discretion, to modify or replace the terms at any time. If the alterations constitute a material change to the terms, Desktip will notify you by posting an announcement on the Site. What constitutes a material change will be determined at Desktip’s sole discretion. You shall be responsible for reviewing and becoming familiar with any such modifications. Using any service or viewing any content following notification of a material change to the terms shall constitute your acceptance of the Terms as modified.
No agency, partnership, joint venture, or employment is created as a result of the Terms and you do not have any authority of any kind to bind Desktip in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Desktip shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Desktip’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. Desktip may transfer, assign or delegate the Terms and its rights and obligations without consent. The Terms shall be governed by and construed in accordance with the United Kingdom legislation, as if made within United Kingdom between two residents thereof, and the parties submit to the exclusive jurisdiction of United Kingdom courts. Both parties agree that the Terms is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.