Terms and Conditions

1. Acceptance The Use Of Wallpaper Wizard Terms and Conditions

Welcome to Wallpaper Wizard. By using our website, or the services provided through this website, you hereby agree to the Terms and Conditions of Use below. We may, at our own discretion, add, delete, or modify the Terms and Conditions of Use without notice. According to the Service Standards at Wallpaper Wizard, we provide users with a paid product version to access high quality online wallpapers for computer desktops.

Wallpaper Wizard (hereinafter referred to as "Wallpaper Wizard", "we"' or "us" ) does not distribute or sell these images but provide random viewing of these images in specified categorized sets. If you do not agree to all of the terms and conditions contained in the Terms and Conditions of Use, do not access or use this Site.

2. Paid services

Wallpaper Wizard Services require payment of a fee. You must have an Account and pay the product license or other fees to participate in these activities. For information about fees for particular services visit http://wallwiz.com/

A. Payment Options. You may pay fees using the methods available for the particular Wallpaper Wizard Service (such as credit card, Paypal, wire and you agree to the terms and conditions applicable to each payment method you choose. When you provide credit card or other payment information to Wallpaper Wizard, you represent to Wallpaper Wizard that you are the authorized user of the credit card or other payment method. As the Account holder, you are responsible for all charges incurred, including applicable taxes, and all purchases made by you or anyone that uses your Account, including your family or friends.

B. Trial product version. Wallpaper Wizard offers a free trial product version with a limited access to the database and limited application features. You are always responsible for any Internet service provider, telephone, wireless and other connection fees that you may incur when using Wallpaper Wizard Services, even when we offer a free trial product version. Trial product versions are not transferable.

C. Fees Charged By Third-Party Sites and Vendors. We may provide links to other web sites. Some of these web sites may charge separate fees, which are not included in fees that you may pay to Wallpaper Wizard. Any separate charges or obligations that you incur in your dealings with third parties are your responsibility.

3. Your account and uploads

All Content posted or otherwise submitted to the Wallpaper Wizard and its servers is the sole responsibility of the account holder from which such Content originates and you acknowledge and agree that you, and not Wallpaper Wizard, are entirely responsible for all Content that you post, or otherwise submit to the Wallpaper Wizard and its servers. Wallpaper Wizard 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 Site you may be exposed to Content that is offensive, indecent or objectionable.

As a condition of use, you promise not to use your account and uploads for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by Wallpaper Wizard. By way of example, and not as a limitation, you agree not to use Wallpaper Wizard:

  • A.To abuse, harass, threaten, impersonate or intimidate any person;
  • B.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;
  • C.For any purpose (including posting or viewing Content) that is not permitted under the laws of the jurisdiction where you use the Services;
  • D.To post copyrighted Content which doesn’t belong to you;
  • E.To sell or otherwise transfer your profile.

4. Termination of Wallpaper Wizard Services and Accounts

Wallpaper Wizard may terminate its Service at any time by giving you notice of such termination within the time period specified when you joined the particular Wallpaper Wizard Service, or if no time period for notice of termination was specified, then within thirty (30) days of the date such notice is posted on the applicable Wallpaper Wizard Service.

Wallpaper Wizard may also terminate your Account(s) (and access to all related entitlements) for violation of this Terms of Service, illegal or improper use of your Account, or illegal or improper use of Wallpaper Wizard Services, products, or Wallpaper Wizard's Intellectual Property. You may lose your user names and personas as a result of Account termination. Wallpaper Wizard may issue you a warning, or Wallpaper Wizard may immediately terminate any and all Accounts that you have established. You acknowledge that Wallpaper Wizard is not required to provide you notice before terminating your Account(s). If Wallpaper Wizard terminates your Account, you may not participate in a Wallpaper Wizard Service again without Wallpaper Wizard's express permission. To participate in a Wallpaper Wizard Service, contact macsupport@wallwiz.com. Wallpaper Wizard reserves the right to refuse to keep Accounts for, and provide Wallpaper Wizard Services to, any individual. You may not allow individuals whose Accounts have been terminated by Wallpaper Wizard to use your Account.

5. Cancellation of your Account

You have the right to cancel your Account at any time. If you do not agree to the terms in this Terms of Service, your sole remedy is to not use Wallpaper Wizard Services and to cancel your Account. You understand and agree that the cancellation of your Account is your sole right and remedy with respect to any dispute with Wallpaper Wizard, including any dispute related to, or arising out of:

  • A.any term of this Terms of Service or Wallpaper Wizard's enforcement or application of this Terms of Service;
  • B.the Content available through Wallpaper Wizard Services or any change in Content provided through Wallpaper Wizard Services;
  • C.your ability to access and/or use Wallpaper Wizard Services;
  • D.the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods for Wallpaper Wizard Services.

Contact Wallpaper Wizard's Customer Service Department at macsupport@wallwiz.com to cancel your Account. Wallpaper Wizard reserves the right to collect fees, surcharges or costs incurred before you cancel your Account or use of Wallpaper Wizard Services. You are also responsible for any amounts owed to third-party vendors or content providers before your cancellation. Any delinquent or unpaid fees and other unresolved issues with Wallpaper Wizard Services must be settled before you establish a new Wallpaper Wizard Account.

6. Change of Use

Wallpaper Wizard reserves the right to:

  • A.change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that Wallpaper Wizard shall not be liable to you for any such change or removal;
  • B.change these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.

7. Disclaimer of Warranties

ALL THE CONTENT ON THIS WEB SITE ARE PROVIDED "AS IS," "WITH ALL FAULTS" AND WITHOUT WARRANTIES OF ANY KIND. Wallpaper Wizard DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. TO THE EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL Wallpaper Wizard BE LIABLE FOR DAMAGES OF ANY KIND TO YOUR HARDWARE, PERIPHERALS OR SOFTWARE PROGRAMS AS A RESULT OF YOUR DOWNLOAD OR USE OF OUR CONTENT. WE DO NOT WARRANT ANY PART OF THE CONTENT NOR DO WE REPRESENT THAT THE CONTENT WILL MEET YOUR NEEDS OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE CONTENT IS WITH YOU. NO MATERIALS FROM THIS WEB SITE MAY BE COPIED, REPRODUCED, MODIFIED, REPUBLISHED, UPLOADED, POSTED, TRANSMITTED, BROADCAST OR DISTRIBUTED IN ANY WAY WITHOUT THE EXPRESS WRITTEN CONSENT OF Wallpaper Wizard.

8. Exclusive Remedy

IF YOU ARE DISSATISFIED WITH THE SITES, THE CONTENT OR THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES AND CONTENT.

9. Limitations of Liability

WE ARE NOT LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, EQUIPMENT DOWNTIME, LOSS OF DATA, OR LOST PROFITS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT OUR AGGREGATE LIABILITY, HOWSOEVER ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF. BY INSTALLING OR USING THE CONTENT, YOU ACCEPT SOLE RESPONSIBILITY FOR ALL CONSEQUENCES ARISING THEREFROM AND ACKNOWLEDGES THAT NO CLAIM WHATSOEVER WILL BE MADE AGAINST US OR OUR LICENSORS, DISTRIBUTORS, AGENTS, EMPLOYEES OR AFFILIATES.

10. Third-Party Advertisers

We make no representations or warranties concerning third-party or Partner Offers, you agree that we are not responsible or liable for any loss or damage of any sort incurred, or as the result of the delivery or display of the Offers. WE ARE NOT RESPONSIBLE FOR THE TERMS AND CONDITIONS OF ANY THIRD-PARTY OR PARTNER WEBSITE OR OFFERS REGARDLESS OF WHETHER THE OFFER IS HOSTED BY US. WE MAKE AN EFFORT TO SCREEN ALL OFFERS TO ENSURE THE BEST POSSIBLE EXPERIENCE FOR OUR USERS. HOWEVER, WE ARE NOT RESPONSIBLE FOR DEALINGS BETWEEN YOU AND A PARTNER. YOU ARE HOWEVER RESPONSIBLE FOR AND MUST CAREFULLY REVIEW EACH PARTNER OFFER AND READ THEIR TERMS AND CONDITIONS, AND THEIR PRIVACY POLICY.

11. Waiver of Claims and Indemnification

By accessing or using our Sites or downloading Content, you forever waive any and all claims you have or may have in the future against us. You shall indemnify and hold us, our subsidiaries, officers, directors, attorneys employees and licensors, harmless against any losses, claims, damages, liabilities, penalties, actions, proceedings or judgments (collectively, "Losses") to which an Indemnified Party may become subject that arise out of, or relate to:

  • A.your use or inability to use the Content;
  • B.any violation of this Agreement or the license agreement or privacy policy governing any Third Party Software;
  • C.your infringement or misappropriation or alleged infringement or misappropriation of any copyright, trademark, patent, trade secret or other personal or proprietary right;
  • D.any gross negligence or willful misconduct.

You shall reimburse us for all legal and other expenses, including without limitation attorneys' fees incurred in connection with investigating, defending or settling any claim or loss.

12. Copyright Policy

Wallpaper Wizard respects the rights of copyright holders. It is Wallpaper Wizard policy to respond expeditiously to claims of copyright and other intellectual property infringement. Notifications of claimed copyright infringement should be immediately sent to: macsupport@wallwiz.com and all copyright material shall be taken off the Wallpaper Wizard site. We do not distribute or sell images but provide random viewing of images in specified categorized sets.

13. Severance

If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.

14. Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the law of USA and you hereby submit to the exclusive jurisdiction of the USA courts.

For any further information please email macsupport@wallwiz.com