Terms and Conditions
PLEASE READ THE TERMS OF USE ("TERMS") CAREFULLY BEFORE USING 88Wallpapers PRODUCTS (WEBSITE AND EXTENSIONS). THE TERMS CONSTITUTE AN AGREEMENT BETWEEN NEXTAD MEDIA GROUP AND YOU GOVERNING YOUR ACCESS TO AND USE OF OUR 88Wallpapers PRODUCTS. BY ACCESSING OR USING OUR PRODUCTS, YOU ("YOU" OR "YOUR") AGREE TO BE BOUND BY THESE TERMS. WE MAY MODIFY THESE TERMS AT ANY TIME WITHOUT NOTICE TO YOU BY POSTING REVISED TERMS ON OUR SITES. CONTINUED USE OF OUR SITE CONSTITUTES YOUR BINDING ACCEPTANCE OF ANY MODIFICATIONS HERETO. IN THE CASE OF OUR SOFTWARE PRODUCTS, ONCE INSTALLED, OUR SOFTWARE WILL AUTOMATICALLY LAUNCH EVERY TIME YOU EXECUTE YOUR COMPUTER'S INTERNET BROWSER PROGRAM.
SERVICES
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CONTENT AND SOFTWARE OWNERSHIP AND PROPRIETARY RIGHTS
Our Products and contents ("Content") are protected by copyright and other intellectual property laws and may not be copied or imitated in whole or in part. All trademarks, service marks, trade dress and other intellectual property rights associated with our products and the Content are the sole property of 88Wallpapers or its affiliates or partners. The Content may also be protected as a collective work or compilation under U.S. copyright and other laws and treaties. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in our products. 88Wallpapers does not convey, through allowing access to our products, any ownership rights in the Site or in any Content. You may not copy, modify, translate, transmit, distribute, adapt, reproduce, decompile, reverse engineer or disassemble any part of our products or the Content.
UNINSTALL
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PERSONAL IDENTIFIABLE INFORMATION (PII)
Our products collect the users' IP addresses with the sole purpose of geographic localization. The weather feature in our products use the IP to give you information of the weather in the particular location of the user. The information is in no way disclosed, sold, or in any other way given to third parties. No other personal information is collected. Aggregate and non-personally identifiable information on user activity based on views of merchant web sites, click-throughs of offer links, and conversions of offers may be shared with unaffiliated third parties: (1) for the purpose of documenting site activity; (2) to help advertisers and publishers serve and manage ads across the web and on our products and third party apps; (3) to better understand consumers, audiences, and market trends through predictive modelling and analytics.
SHOULD YOU FAIL TO COMPLY WITH ANY OF THE ABOVE, YOUR RIGHT TO USE OUR PRODUCTS WILL BE AUTOMATICALLY TERMINATED. THIS TERMINATION WILL BE IN ADDITION TO ANY CRIMINAL, CIVIL OR OTHER REMEDIES WHICH VISICOM MAY SEEK. THE USER MAY CANCEL HIS LICENSE TO USE OUR PRODUCTS BY UNINSTALLING AND DESTROYING OR ERASING ALL COPIES OF OUR PRODUCTS UNDER THEIR CONTROL.
DISCLAIMER OF WARRANTY
OUR PRODUCTS AND THE CONTENT AND THE APPLICATIONS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. 88Wallpapers, ITS AFFILIATES, LICENSORS, PARTNERS AND SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS AND YOUR ABILITY OR INABILITY TO USE SITE, ITS CONTENT AND THE APPLICATIONS. 88Wallpapers AND ITS AFFILIATES, LICENSORS, PARTNERS AND SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, SECURITY OR TIMELINESS OF THE CONTENT, THE APPLICATIONS, RESULTS OBTAINED, INFORMATION OR SERVICES PROVIDED ON OR THROUGH THE USE OF THE SITE. NO INFORMATION OBTAINED BY YOU FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED BY 88Wallpapers IN THE TERMS. 88Wallpapers DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. USE OF THE SITE, ITS CONTENT AND THE APPLICATIONS IS AT YOUR OWN RISK.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTY, SO THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. IF YOU ARE DEALING AS A CONSUMER, YOUR STATUTORY RIGHTS THAT CANNOT BE WAIVED, IF ANY, ARE NOT AFFECTED BY THESE PROVISIONS. YOU AGREE AND ACKNOWLEDGE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND WARRANTY PROVIDED IN THESE TERMS OF USE ARE FAIR AND REASONABLE.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL 88Wallpapers, ITS AFFILIATES, ITS LICENSORS, ITS PARTNERS OR ITS SUPPLIERS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OF OR INABILITY TO USE THE SITE, THE CONTENT, RESULTS OBTAINED, INFORMATION OR SERVICES WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT 88Wallpapers HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY LAW, THE REMEDIES STATED FOR YOU IN THESE TERMS OF USE ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS OF USE.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our sites or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
INDEMNITY
You agree to defend, indemnify and hold harmless 88Wallpapers, its affiliates, licensors, partners and suppliers, and their respective officers, directors, employees, agents and representatives from any and all claims, including, but not limited to, claims for defamation, violation of rights of publicity and/or privacy, copyright infringement, or trademark infringement arising from Your use of our Products or violation of these Terms.
We reserve the right, at our own expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defence of these claims.
LINK TO OTHER SITES
From time to time, 88Wallpapers may provide links in our products that will allow You to visit the websites of third parties. Neither these websites nor the companies sponsoring these websites are controlled by 88Wallpapers. 88Wallpapers makes no representations concerning the information provided nor does 88Wallpapers endorse the products or services offered by these websites. Your use of these websites or their products or services is at your own risk. 88Wallpapers expressly disclaims all liabilities associated with these third party websites and product or services.