Terms of Use
ScreensaversandWallpapersFree.com
This end user license agreement (the "Terms of Use")
is a legal agreement between you, the "user ," and ScreensaversandWallpapersFree.com.
Use of the ScreensaversandWallpapersFree.com features and services,
as described herein, requires that you agree to these Terms of Use.
By using the ScreensaversandWallpapersFree.com website or services,
and/or by downloading content from ScreensaversandWallpapersFree.com
you do hereby agree to be legally bound by these Terms of Use.
ScreensaversandWallpapersFree.com may, at its discretion, add,
delete, or modify these Terms of Use without notice and it is the
responsibility of the user to check these Terms of Use before using
new products or services or downloading new content.
If you do not wish to be bound by the ScreensaversandWallpapersFree.com
Terms of Use you may elect to navigate off the ScreensaversandWallpapersFree.com
website prior to using or downloading Screensavers Services.
The Installer
ScreensaversandWallpapersFree.com is a website that provides users
with free, high quality media content including, but not limited
to, screensavers, wallpapers and ringtones. The ScreensaversandWallpapersFree.com
Installer (the "Installer ") is the vehicle by which content,
including screensavers and wallpapers, is downloaded from ScreensaversandWallpapersFree.com
to the user's computer; it is a necessary component to downloading
and correctly installing Screensavers content and will be installed
with content the user chooses to download.
The Installer's only purpose is to facilitate installation of ScreensaversandWallpapersFree.com
content that the user actively chooses to download; no advertising
is delivered or personal information collected through the Installer.
The Installer takes up very little hard drive space and can be
easily uninstalled by going to Control Panel > Add/Remove, then
highlighting the "Screensavers Installer" and clicking "Change/Remove."
By downloading any content from Screensavers you hereby agree to
having the Installer downloaded to your computer.
License, Non-Commercial Use
Screensavers grants to you a nonexclusive license to download this
copyrighted Installer software for your personal and non-commercial
use. Screensavers may, at any time, change, update, modify and/or
terminate any part of the Installer or your use of it.
You may not make or distribute copies of the Installer software,
or electronically transfer such from one computer to another or
over a network. Nor shall you copy, modify, display, license, distribute,
transmit, re-post, or download any part of the Installer for commercial
use without Screensavers' written consent.
Software Shortcut
If you choose to download content from ScreensaversandWallpapersFree.com
you hereby agree to having one software shortcut placed on your
desktop. Should you be interested in and use the shortcut and/or
software, Screensavers SHALL NOT BE LIABLE OR RESPONSIBLE FOR YOUR
VIEWING, CORRESPONDENCE, TRANSACTIONS, BUSINESS DEALINGS OR FOR
ANY PERSONAL INFORMATION YOU MAY CHOOSE TO SHARE WITH ASSOCIATED
THIRD PARTIES INCLUDING, WITHOUT LIMITATION, PAYMENT AND DELIVERY
OF GOODS OR SERVICES, OR ANY OTHER TERMS, CONDITIONS, WARRANTIES
OR REPRESENTATIONS ASSOCIATED WITH SUCH DEALINGS, WHICH ARE SOLELY
BETWEEN YOU AND ASSOCIATED THIRD PARTIES. YOU HEREBY UNDERSTAND
AND AGREE THAT Screensavers IS NOT RESPONSIBLE OR LIABLE FOR ANY
LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF SUCH DEALINGS,
OR AS THE RESULT OF THE DELIVERY OR DISPLAY OF THE SOFTWARE SHORTCUT.
Personal Information
Certain offers, products or services of Screensavers may require
the user to submit personal information before gaining access to
content or other products or services. Certain other products or
features may require user information in order to be functional.
By providing any such information to ScreensaversandWallpapersFree.com
and by continuing to use such Screensavers Services, after having
an opportunity to review these Terms of Use, you agree to accept
all uses of personal information as outlined herein.
You hereby authorize ScreensaversandWallpapersFree.com to collect,
store and use any and all personal information described by the
preceding paragraph in order to more effectively display promotional
material, information and advertising. Without limiting the foregoing,
you additionally authorize ScreensaversandWallpapersFree.com to
collect, store and use personal information in accordance with terms
of the ScreensaversandWallpapersFree.com Privacy Policy, available
here .
Except as otherwise provided for herein, we do not and will not
sell, rent, loan or share any personal information we collect with
any other third party unless otherwise expressly authorized or requested
by you.
In addition, you may choose to share personal information with
third parties that link or advertise at or through ScreensaversandWallpapersFree.com.
YOU ACKNOWLEDGE AND AGREE THAT ScreensaversandWallpapersFree.com
SHALL NOT, IN ANY WAY, BE LIABLE OR RESPONSIBLE FOR THE USE OF PERSONAL
INFORMATION SHARED BY YOU WITH ANY SUCH THIRD PARTY.
ScreensaversandWallpapersFree.com shall use its best efforts to
ensure the security of transfer and storage of any Personal Information
it collects.
Privacy
You acknowledge and agree that you have reviewed, understand, and
agree to be bound by all of the terms and provisions of the ScreensaversandWallpapersFree.com
Privacy Policy. Your use of the Screensavers Services is expressly
conditioned upon such acknowledgment and agreement. To view the
Screensavers Privacy Policy click here .
Intellectual Property
You acknowledge that Screensavers and/or third party affiliates
own all rights, title and interest in all materials provided through
the Screensavers Services and to all software portions thereof including,
without limitation, all Intellectual Property Rights. "Intellectual
Property Rights" means any and all rights existing from time
to time under patent law, copyright law, trade secret law, trademark
law, unfair competition law, and any and all other proprietary rights,
and any and all applications, renewals, extensions and restorations
thereof, now or hereafter in force and effect worldwide. You agree
not to modify, adapt, translate, prepare derivative works from,
decompile, reverse engineer, disassemble or otherwise attempt to
derive source code from any portion of the Screensavers Services
or the Installer.
All of the materials provided through the Screensavers Services
are protected by the copyright laws of the U. S. and other countries.
You are only allowed to use these materials as indicated on the
ScreensaversandWallpapersFree.com website; other uses are prohibited
by copyright laws. You agree to not remove, obscure, or alter Screensavers'
or any third party's copyright notice, trademarks, or other proprietary
rights notices affixed to or contained within or accessed in conjunction
with or through the Screensavers Services.
All of the materials provided through the Screensavers Services
may be viewed only in conjunction with the Screensavers Services.
You may not copy, reproduce, retransmit, distribute, publish, commercially
exploit or otherwise transfer any copyrighted material in any format,
electronic or otherwise.
Disclaimer of Warranties
1. YOU AGREE THAT THE USE OF Screensavers Services IS ENTIRELY
AT YOUR OWN RISK. THE Screensavers Services, INCLUDING THE Installer
AND THE ScreensaversandWallpapersFree.com WEBSITE, ARE PROVIDED
FREE OF CHARGE, ON AN "AS IS" BASIS, WITHOUT WARRANTIES
OF ANY KIND. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING,
WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS,
ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.
ALSO, TO THE FULLEST EXTENT PERMITTED BY LAW, Screensavers DISCLAIMS
ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE
OF THE Screensavers Services. TO THE FULLEST EXTENT PERMITTED BY
LAW, Screensavers DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR
GOODS RECEIVED THROUGH OR ADVERTISED ON ScreensaversandWallpapersFree.com
OR THROUGH ANY LINKS PROVIDED BY THE Screensavers Services, AS WELL
AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE Screensavers
Services OR THROUGH ANY LINKS PROVIDED VIA Screensavers Services.
NEITHER Screensavers NOR ANY THIRD-PARTY CONTENT PROVIDER MAKES
ANY WARRANTY WITH RESPECT TO ANY CONTENT, INFORMATION, SERVICES,
OR PRODUCTS PROVIDED THROUGH OR IN CONJUNCTION WITH ScreensaversandWallpapersFree.com
WEBSITE OR THE Screensavers Services.
2. Screensavers MAKES NO IMPLIED OR EXPRESS REPRESENTATIONS
OR WARRANTIES ABOUT THE RELIABILITY, OR ACCESSIBILITY OF THE Screensavers
Services.
3. Screensavers and other providers of licensed content
make no guarantee of the accuracy, correctness, or completeness
of any information provided through the Screensavers Services, including
any provided on the ScreensaversandWallpapersFree.com website, and
are not responsible for:
1. Any errors or omissions arising from the use of
such information;
2. Any failures, delays, or interruptions in the
delivery of any content or services contained within ScreensaversandWallpapersFree.com;
or
3. Losses or damages arising from the use of the
content or services provided by ScreensaversandWallpapersFree.com.
4. Screensavers is not responsible for the delivery
of any goods or services sold or advertised through ScreensaversandWallpapersFree.com
sponsors, advertisers, link partners, or affiliate program pages.
5. Screensavers is not responsible for any content
displayed on websites operated by ScreensaversandWallpapersFree.com
sponsors, advertisers, link partners, or affiliate program pages.
Limitation of Liability
YOU HEREBY AGREE THAT Screensavers AND THE PROVIDERS OF LICENSED
CONTENT ASSOCIATED WITH Screensavers ARE NOT LIABLE FOR YOUR CONDUCT
IN ASSOCIATION WITH SCREENSAVERS OR THE Screensavers Services.
UNDER NO CIRCUMSTANCES SHALL Screensavers BE LIABLE TO ANY USER
ON ACCOUNT OF THAT USER'S USE OR MISUSE OF, OR RELIANCE ON, SCREENSAVERS
OR THE Screensavers Services, INCLUDING THE Installer AND THE ScreensaversandWallpapersFree.com
WEBSITE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY
OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE
AND EXEMPLARY DAMAGES (EVEN IF Screensavers HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL
APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF, OR RELIANCE
ON, THE Screensavers Services, FROM INABILITY TO USE Screensavers
Services, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF
SCREENSAVERS OR Screensavers Services (INCLUDING SUCH DAMAGES INCURRED
BY THIRD PARTIES). SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT
TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED
THROUGH OR ADVERTISED ON ScreensaversandWallpapersFree.com OR RECEIVED
THROUGH ANY LINKS PROVIDED ON ScreensaversandWallpapersFree.com,
AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH
OR ADVERTISED ON ScreensaversandWallpapersFree.com OR RECEIVED THROUGH
ANY LINKS PROVIDED ON ScreensaversandWallpapersFree.com. SUCH LIMITATION
SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF
SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION
SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF
Screensavers Services OR ANY OTHER PRODUCTS, SERVICES, INFORMATION,
OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY
TO Screensavers Services. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING
ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATIONS
SHALL APPLY 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,
SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnity and Release
You agree to indemnify Screensavers and any providers of licensed
content against any and all claims and expenses, including attorneys'
fees, arising from your use of Screensavers Services. This includes,
without limitation your responsibility for any and all liability
arising from the violation or infringement of proprietary rights,
copyrights, trademarks, or service-marks.
By using Screensavers Services you hereby agree to release Screensavers
and its affiliates, officers, and employees from any and all claims,
demands, debts, obligations, damages (actual or consequential),
costs, and expenses of any kind or nature whatsoever, whether known
or unknown, suspected or unsuspected, disclosed or undisclosed,
that you may have against them arising out of or in any way related
to such disputes and/or Screensavers products and services. You
hereby agree to waive all laws that may limit the efficacy of such
releases.
Choice of Law
This Agreement shall be constructed and controlled by the laws
of the State of New York, without regard to its conflict of law
provisions. Any dispute arising hereunder will be governed by the
laws of the State of New York. You agree to personal jurisdiction
by the state and federal courts of the State of New York.
Merger Clause
These Terms of Use constitute the entire agreement between the
parties with respect to the subject matter contained herein and
supersede any other agreement, proposals and communications, written
or oral, between you and Screensavers representatives with respect
to the subject matter hereof.
Enforceability
If, for any reason, a court of competent jurisdiction finds any
provision or portion of these Terms of Use to be unenforceable,
the remainder of these Terms of Use will continue in full force
and effect.
Waver
Any waiver of any provision of these Terms of Use will be effective
only if in writing and signed by Screensavers.
Questions or Comments
All questions concerning these Terms of Use shall be directed to
ScreensaversandWallpapersFree.com at the address below. Additionally,
if you have comments about ScreensaversandWallpapersFree.com or
other Screensavers Services, or if you have ideas on how to improve
them, please contact Customer Support.
ScreensaversandWallpapersFree.com
150 South Pine Island Rd., Suite 520
Plantation, FL 33324
questions@ScreensaversandWallpapersFree.com
Please note that by sharing your ideas, you also grant Screensavers
and third parties permission to use and/or incorporate your ideas
or comments without further compensation.
