WallpaperWars.com Content Submission Terms and Conditions

IMPORTANT LEGAL NOTICE - TERMS AND CONDITIONS FOR SUBMITTING CONTENT TO WALLPAPERWARS.COM

ATTENTION: These terms and conditions ("the Terms and Conditions") apply to the website under the domain name wallpaperwars.com ("the Website") and to any correspondence by e-mail between us and you. Please read the Terms and Conditions carefully before submitting content to this Website. Submitting content, including but not limited to any artistic, literary or dramatic works ("Works"), to this Website indicates that you accept these terms. If you do not accept these Terms and Conditions, do not submit Works to this Website. This notice is issued by WallpaperWars.com ("the Company").

BY UPLOADING, POSTING, SENDING OR SUBMITTING PHOTOGRAPHS, PICTURES, IMAGES OR ANY OTHER CONTENT INCLUDING WITHOUT LIMITATION, GRAPHICS, VIDEO, DATA, TEXT, FILES, LINKS, SOFTWARE, MUSIC, SOUND, ("CONTENT") TO THE COMPANY YOU ARE CONSENTING TO BE BOUND BY THE COMPANY PHOTO SUBMISSION TERMS OF USE AND BY THE APPLICABLE PROVISIONS OF THE COMPANY TERMS OF SERVICE INCLUDING BUT NOT LIMITED TO THE COMPANY END-USER LICENSE AGREEMENT, PRIVACY POLICY AND USAGE NOTICES AND ANY OTHER DOCUMENTS AVAILABLE ON OR THROUGH http://www.wallpaperwars.com (COLLECTIVELY AND SEPARATELY REFERRED TO AS THE "THE COMPANY TERMS OF SERVICE") . IF YOU DO NOT AGREE, DO NOT UPLOAD, POST, SEND OR SUBMIT ANY CONTENT TO THE COMPANY.

1. INTRODUCTION

1.1 You may only submit Works to this Website by expressly acknowledging acceptance of these Terms and Conditions.

1.2 The Company may revise these Terms and Conditions at any time by updating this posting. You should check this Website from time to time to review the current Terms and Conditions, because it is binding on you. Certain provisions of these Terms and Conditions may be superseded by expressly designated Terms and Conditions or terms located on particular pages at this Website.

1.4 You agree that you will not upload, post, submit or send any Content to the Company in order to distribute, facilitate distribution, or directly link to any content that: (1)is offensive, vulgar, sexually explicit, racial, hateful, discriminating, unlawful, invasive of another's privacy, exploitation of a minor, identifiable information of a minor, information or instructions concerning illegal activities, information that is harmful, violent, threatening, abusive, harassing, defamatory, libelous, tortuous, obscene, or otherwise objectionable; (2) harasses, threatens, abuses, defames, degrades, embarrasses or causes distress or discomfort upon another; (3) solicits for exchange, sale or purchase of sexually explicit images, and/or material harmful to minors; including, but not limited to, any submission, photograph, film, video, or picture or computer generated image or picture (actual or simulated). (4) you don't have a right to transmit under any law, including but not limited to Content that infringes patent, trademark, trade secret, copyright or other proprietary right or violates any right of privacy or publicity; (5) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (6) disrupts the normal flow of information available on or through the Company Web site or the Company Service or otherwise, interferes with or disrupts the functionality of the Company Web site , the Company Service, servers or networks, directories, databases and listings; (7) is unsolicited advertising, promotional materials, or any other forms of solicitation; (8) intentionally or unintentionally violates any applicable local, state, national or international law or regulation; (9) impersonates in any way any person, entity, leader, the Company official, operator or host; (10) collects or stores personal data about other users in any way or form or solicit or harvest passwords or screen names; (11 ) links to or refers to content not allowed under these the Company Image Submission Terms of Use; (12) otherwise uses the service in a manner deemed inappropriate by the Company.

2. INTELLECTUAL PROPERTY RIGHTS

2.1 You hereby grant the Company, its affiliates, subsidiaries, assignees, licensees, and legal representatives ("the Company") the irrevocable, perpetual, worldwide license to use, reproduce, edit, market, store, distribute, have distributed, publicly and privately display, communicate, publicly and privately perform, transmit, have transmitted, create derivative works based upon, and promote the Content (as such may be edited and modified by the Company in its discretion) through the Company Web site, the Company Software and such other products or services as the Company may designate in any medium now known or hereafter devised, for editorial, commercial, promotional and all other purposes.

While you retain ownership of all right, title, and interest in the Content itself, you agree that the Company owns all right, title, and interest in any compilation, collective work or other derivative work created by the Company using or incorporating the Content. You represent and warrant that (i) the Content does not and shall not infringe on any copyright or any other third party right nor violate any applicable law or regulation, (ii) you have the right to grant any and all necessary rights and licenses provided herein, including without limitation, all necessary copyright and other related rights to the Content, free and clear of all claims and encumbrances without violating the rights of any person or entity, including any right to privacy or publicity. You acknowledge that you (and not the Company) are solely liable for any damage resulting from infringement of copyrights, proprietary rights or any other intellectual property rights, or any other harm or damage arising from your submission and the Company's display of any Content. You hereby hold the Company harmless from and against any third party claim arising from use of the Content. You further understand, and thereby authorize, that your submission and any other Content may be accessed, viewed, stored or reproduced by the Company and viewed by any of the Company's members or other visitors to the Company Web site. You waive any right to privacy. You waive any right to inspect or approve uses of the submission or Content or to be compensated for any such uses.

2.3 Any rights not expressly granted in these terms are reserved.

3. VISITOR'S SUBMISSION OF WORKS

3.1 In consideration for your Works appearing on the Website, you grant the Company a perpetual royalty free non-exclusive licence to use, reproduce, modify, translate, transmit, distribute and sub-licence any Works you supply or communicate to the Website in any medium, now in existence or hereafter developed, for any purposes, including commercial use.

3.2 Other than personally identifiable information, which is covered under the Privacy Policy, any material you transmit or post to this Website shall be considered non-confidential and non-proprietary. The Company shall have no obligations with respect to such material.

3.3 You are prohibited from posting or transmitting to or from this Website any Works for which you have not obtained all necessary licences and/or approvals.

3.4 The Company respects the intellectual property rights of others, and we ask our users do the same.

3.5 If you believe your work has been copied and is accessible on the Website, or that it contains links or references to another online location that contains Works that infringes your copyright, please contact the Company.

4. INDEMNITY

4.1 You agree to indemnify the Company and its affiliates, employees, agents, its designees and licensees and to hold them harmless from any and all claims and liabilities ( including legal fees) that may arise from your submissions of Works to the Website, from your breach of these Terms and Conditions, or from any such acts arising from your use of the Website.

5. LIABILIITY

5.1 The Company, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of the Company�s group companies and the officers, directors, employees, shareholders, or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in any way or in connection with submitting Works to this Website.

5.2 Nothing in this Terms and Conditions shall exclude or limit the Company�s liability for: (a) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); or (b) fraud; or (c) misrepresentation as to a fundamental matter; or (d) any liability which cannot be excluded or limited under applicable law.

5.3 If the submission of Works to this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.

6. PRIVACY POLICY

The information that you provide about yourself to the Company will only be used by the Company in accordance with its Privacy Policy. The Privacy Policy does not apply to third party sites.

7. GOVERNING LAW AND JURISDICTION

These Terms and Conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the English courts.

8. MISCELLANEOUS

The Company reserves the right and the sole discretion to refrain from publishing on the Company Web site and delete or remove from the Company Web site, any photograph or any other Content posted, uploaded, submitted, sent, provided for display or transmitted by any user or any part thereof;

The Company may change from time to time, the Company Terms of Service including these Company Image Submission Terms of Use. You agree that by continuing to post, upload, submit or send Content to the Company or by not removing any such Content you have previously posted, uploaded, submitted or sent to the Company, beyond a period of 30 days after a notice of such change has been provided on the Company network or Web site for the first time, shall constitute your consent to the new or revised the Company Terms of Service.

In case of contradiction between any provision of the Company End User License Agreement ("the Company EULA") and any provision of this document, the provision of the Company EULA shall prevail, unless the provision of this document reflects narrower responsibility on behalf of the Company Inc. than the relevant provision of the Company EULA. In case of contradiction between any provision of this document and any provision of the Company Help File, or the Usage Notices the provision of this document shall prevail, unless the provision of the Company Help File or Usage Notices reflect narrower responsibility on behalf of the Company Inc. than the relevant provision of this document.

Any reference made in this document to the Company shall be deemed to have been made to the Company, its subsidiaries, successors, assignees, affiliates as well as any company that controls the Company Inc., directly or indirectly, and any other subsidiary of that controlling company.

Issue Date: Wednesday November 20, 10:47pm