Aberrant Realities Terms and Conditions

Terms and Conditions 

[Last updated on 3/31/2024]

THE AGREEMENT: The use of this app and services on this app provided by Aberrant Realities (hereinafter referred to as "App") is subject to the following Terms & Conditions, all parts and sub-parts of which are specifically incorporated by reference here. This Agreement shall govern the use of all pages on this app (hereinafter collectively referred to as "App") and any services provided by or on this App ("Services").

DEFINITIONS

“Agreement” denotes these Terms and Conditions and the Privacy Policy and other documents provided to you by the App.

“We,” “us,” and “our” are references to ABERRANT REALITIES.

“User,” “You,” and “your” denote the person who is accessing the app for taking or availing of any service from us. User shall include the company, partnership, sole trader, person, body corporate, or association taking services of this App.

” App” shall mean and include Aberrant Wallpapers and any successor App of the Company or any of its affiliates.

Parties: Collectively, the parties to this Agreement (We and You) will be referred to as Parties.

ASSENT & ACCEPTANCE

PLEASE READ THESE TERMS OF USE, OUR PRIVACY POLICY, AND ALL APPLICABLE SUPPLEMENTAL TERMS (COLLECTIVELY, THE "TERMS") CAREFULLY, AS THEY CONTAIN TERMS AND CONDITIONS THAT IMPACT YOUR RIGHTS, OBLIGATIONS, AND REMEDIES IN CONNECTION WITH YOUR USE OF THE SERVICES AND CONTENT. FOR EXAMPLE, THE TERMS INCLUDE:

YOUR OBLIGATION IS TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS.

LIMITATIONS OF OUR LIABILITY TO YOU; AND

A REQUIREMENT THAT YOU PURSUE CLAIMS OR SEEK RELIEF AGAINST US (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS RATHER THAN AS A PARTICIPANT IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.

YOUR ACCESS TO AND USE OF THE SERVICES ARE CONDITIONED ON YOUR ACCEPTANCE OF AND COMPLIANCE WITH ALL APPLICABLE TERMS. If you do not agree to these Terms or our Privacy Policy, then please cease using the Services immediately. We reserve the right to change these Terms at any time (see “Changes to these Terms” below.) By accessing, browsing, and/or using the Services after updates to these Terms have been posted, you agree to be bound by the updated Terms. THESE TERMS AND OUR PRIVACY POLICY CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND ABERRANT REALITIES.

CONSEQUENCES OF NON-COMPLIANCE

Your failure to comply with the Terms may result in the suspension or termination of your account and/or access to the Services and may subject you to civil and criminal penalties.

ACCURACY OF INFORMATION

Occasionally there may be information on the App that contains typographical errors, inaccuracies, or omissions that may relate to user descriptions, pricing, availability, promotions, and offers. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and conditions at any time and for any reason. We undertake no obligation to update, amend or clarify information on the App, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the App should be taken to indicate that all information on the App or Services has been modified or updated. Please ensure that you check the applicable Terms every time you use our app so that you understand which Terms apply. You will be subject to and will be deemed to have been made aware of and to have accepted the changes in any revised Terms and conditions by your continued use of the app after the date such revised Terms and conditions are posted.

ADVERTISEMENTS

During your use of the App and Services, you may enter correspondence with or participate in promotions of advertisers or sponsors showing their goods or services through the App and Services. Any such activity, and any terms, conditions, warranties, or representations associated with such activity, are solely between you and the applicable third party. We shall have no liability, obligation, or responsibility for any such correspondence, purchase, or promotion between you and any such third party.

USER OBLIGATIONS

As a user of the App or Services, you may be asked to register with us. When you do so, you will choose a user identifier, which may be your email address or another term, as well as a password. You may also provide personal information, including, but not limited to, your name. You are responsible for ensuring the accuracy of this information. This identifying information will enable you to use the App and Services. You must not share such identifying information with any third party, and if you discover that your identifying information has been compromised, you agree to notify us immediately in writing. An email notification will suffice. You are responsible for maintaining the safety and security of your identifying information, as well as keeping us apprised of any changes to your identifying information. Providing false or inaccurate information or using the App or Services to further fraud or unlawful activity is grounds for immediate termination of this Agreement.

SUBSCRIPTION TERMS AND PAYMENT

Subscription and Fees: The App offers both monthly and annual subscription options for accessing premium content, including but not limited to premium wallpapers. The monthly premium subscription fee is $9.99, and the annual premium subscription fee is $19.99. These fees are subject to change at the sole discretion of Aberrant Wallpapers and Aberrant Realities without prior notice to you. By subscribing, you agree to pay the subscription fee at the then-current rate.

Automatic Renewal: Your subscription will automatically renew at the end of each subscription period unless you cancel your subscription before the end of the current subscription period. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the free version of the service.

No Refunds: Payments are nonrefundable, and there are no refunds or credits for partially used periods, except as required by applicable law.

RIGHTS OF THE SERVICE PROVIDER

Modification of Subscription Fees and Services: Aberrant Wallpapers and Aberrant Realities reserves the right, at its sole discretion, to modify or discontinue the subscription fee and any services offered on the App at any time without prior notice.

Termination of Service: Aberrant Wallpapers reserves the right to terminate or suspend your subscription at any time, including but not limited to, in cases of your breach of the Terms and Conditions, without notice and without liability. In the event of termination, you will not be entitled to any refunds.

No Guarantee of Service: Aberrant Wallpapers and Aberrant Realities does not guarantee that the subscription services will be available at all times, uninterrupted, or error-free. We may experience hardware, software, or other problems or need to perform maintenance related to the App, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use our services during any downtime or discontinuance of service.

IFRAMES

Without prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our application.

ACCEPTABLE USE

You agree not to use the App or Services for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the App or Services in any way that could damage the App, Services, or general business of Aberrant Realities.

You further agree not to use the App or Services:

To harass, abuse, or threaten others or otherwise violate any person's legal rights.

To violate any of our intellectual property rights or any third party.

To upload or otherwise disseminate any computer viruses or other software that may damage the property of another.

To perpetrate any fraud.

To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme.

To publish or distribute any obscene or defamatory material.

To publish or distribute any material that incites violence, hate, or discrimination towards any group.

To unlawfully gather information about others.

INTELLECTUAL PROPERTY

You agree that the App and all Services provided by us are the property of Aberrant Realities, including all copyrights, trademarks, trade secrets, patents, and other intellectual property ("Our IP"). You agree that we own all rights, title, and interest in and to Our IP and that you will not use Our IP for any unlawful or infringing purpose. You agree not to reproduce or distribute Our IP in any way, including electronically or via registration of any new trademarks, trade names, service marks, or Uniform Resource Locators (URLs), without express written permission from us.

INTELLECTUAL PROPERTY RIGHTS AND USER CONDUCT

All images featured on this app are generated using AI image generators, such as Midjourney, DALL-E, Stable Diffusion, and others. The images are created and uploaded by Jordan Dillon Garner and Aberrant Realities for the purpose of providing entertainment and phone wallpapers for users. Users acknowledge that all intellectual property rights, including copyrights, in the images belong to Jordan Dillon Garner and Aberrant Realities. Every image featured within Aberrant Wallpapers is released under the Creative Commons License located here: https://creativecommons.org/licenses/by-nc-nd/4.0/.

Users are permitted to download the images for personal use as phone wallpapers. However, users are strictly prohibited from uploading these images elsewhere for profit, claiming them as their own, or using them for any commercial purposes without the express written consent of Jordan Dillon Garner and Aberrant Realities. Any unauthorized use, reproduction, distribution, or modification of the images constitutes copyright infringement and may result in legal action if not following the rules included in the Creative Commons License located here: https://creativecommons.org/licenses/by-nc-nd/4.0/.

Users acknowledge that the individuals depicted in the images are not real people, do not exist in real life, and no waivers or signatures were required from any individuals to generate these images. The app and its content are provided for entertainment purposes only.

By using this app, users agree to comply with these terms and conditions. If a user is found to be in violation of these terms, their access to the app may be terminated, and legal action may be taken to protect the intellectual property rights of Jordan Dillon Garner and Aberrant Realities.

COPYRIGHT

All content included in or made available through any Aberrant Realities, such as text, graphics, logos, button icons, images, digital downloads, data compilations, and is the property of Aberrant Realities or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Aberrant Realities is the exclusive property of Aberrant Realities and protected by Us. and international copyright laws.

COPYRIGHT INFRINGEMENT

We do not allow any content that infringes copyright. The use of copyrighted content of others without proper authorization or legally valid reason may lead to a violation of policies of Aberrant Realities.

At the same time, not all unauthorized uses of copyrighted content constitute an infringement. Exceptions to copyright infringement, such as the fair use doctrine or other applicable laws, allow use of copyrighted work under certain circumstances.

CREATIVE COMMONS LICENSE

All content contained in the Aberrant Wallpapers app and used on this website and within any portion of the Aberrant Wallpapers mobile app is released under the CC BY-NC-ND 4.0 license and may not be used by anyone for the intent of profit or commercial use. Please visit https://creativecommons.org/licenses/by-nc-nd/4.0/ for more detailed information.

REMOVAL OF CONTENT; SUSPENSION OR TERMINATION OF ACCOUNT

Any user content that infringes another person’s copyright may be removed. The account may be suspended or terminated for multiple copyright violations in connection with the use of the Aberrant Realities app, or other violations of the Terms of Service and Community Guidelines. We reserve the right to refuse any account holder whose account was used for improper activities from opening a new account on Aberrant Realities app, or otherwise hosted by Aberrant Realities.

COPYRIGHT INFRINGEMENT NOTIFICATION

Contacting the user directly may resolve your complaint more quickly and in a way that is more beneficial to you, the user, and our community. You may also file a Copyright Infringement Report.

All complaints should contain the information requested in our online Copyright Infringement Report form. Failure to include necessary information may limit our ability to investigate your claims and may result in your complaint being denied.

We may provide the account holder with your contact information, including the email address and the name of the copyright owner, and/or details of the complaint.

Before submitting a notification, please be aware that intentionally submitting a misleading or fraudulent report may lead to liability for damages under section 512(f) of the United States Digital Millennium Copyright Act (DMCA) or similar laws as may be applicable in other countries.

COPYRIGHT INFRINGEMENT COUNTER-NOTIFICATION

If you receive a copyright infringement notification that you believe to be in error or believe that you are authorized to use the content, you can reach out to the copyright owner directly to request a retraction.

You may also provide us with a counter-notification via our Counter Notification Form. All counter-notification should contain the information requested in the Counter Notification Form. Failure to include necessary information may limit our ability to investigate your claims and may result in your counter-notification being denied.

The counter-notification process will take time to complete, please be patient. During this time, the copyright claimant may file an action seeking a court order to keep the content down pursuant to the United States Digital Millennium Copyright Act (DMCA) or similar laws in other countries. Please note that we will forward the entire counter-notification to the original reporter, including any contact information you provide, in accordance with our Terms of Services and Privacy Policy. The claimant may use this information to file a lawsuit against you.

If we do not receive notice that the original reporter is seeking a court order to prevent further infringement of the material at issue, we may replace or cease disabling access to the material that was removed if the material does not infringe on third-party copyright. The decision to re-post any material is at Aberrant Realities sole discretion.

INDEMNIFICATION

To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless Aberrant Realities and its affiliates and/or related entities, whether direct or indirect, current, former or future, and its and their respective current, former, or future officers, directors, employees, agents, successors and assigns and related third parties (each an “Indemnified Party”), for any claims, causes of action, debts, damages, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any third-party claim that (a) your use of or inability to use the Services, (b) any user postings made by you, (c) your violation of any terms of this Agreement or your violation of any rights of a third party, or (d) your violation of any applicable laws, rules or regulations, except to the extent caused by any unlawful or negligent act or omission by Aberrant Realities. Aberrant Realities reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Aberrant Realities in asserting any available defenses. An Indemnified Party may participate in the defense by counsel of its own choosing, at its own cost and expense. You shall not settle any claim that adversely affects an Indemnified Party or imposes any obligation or liability on an Indemnified Party without the Indemnified Party’s prior written consent.

BINDING ARBITRATION

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved through binding arbitration. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by either party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. The arbitration will take place in United States. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.      

If for any reason, the Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in United States, and the Parties hereby consent to and waive all defenses of lack of personal jurisdiction and forum non convenient with respect to venue and jurisdiction in such state and federal courts.

In no event shall any Dispute brought by either party related in any way to the app be commenced more than one (1) year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

EXCLUSION OF LIABILITY

You understand and agree that we (A) do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us or any third parties, and (B) shall not be responsible for any materials posted by us or any third party. You shall use your judgment, caution, and common sense in evaluating any prospective methods or offers and any information provided by us or any third party.

Further, we shall not be liable for direct, indirect consequential, or any other form of loss or damage that may be suffered by a user using the Aberrant Realities App, including loss of data or information or any kind of financial or physical loss or damage.

In no event shall Aberrant Realities, nor its Owner, directors, employees, partners, agents, suppliers, or affiliates, be accountable for any indirect, incidental, special, eventful, or exemplary costs, including without limitation, loss of proceeds, figures, usage, goodwill, or other intangible losses, consequential from (i) your use or access of or failure to access or use the service; (ii) any conduct or content of any third party on the service; (iii) any content attained from the service; and (iv) unlawful access, use or alteration of your transmissions or content, whether or not based on guarantee, agreement, domestic wrong (including carelessness) or any other lawful concept, whether or not we've been aware of the possibility of such damage, and even if a cure set forth herein is originated to have futile of its important purpose.

MODIFICATION & VARIATION

We may, from time to time and at any time without notice to you, modify this Agreement. You agree that we have the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the App and that modifications or variations will replace any prior version of this Agreement unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.

NO WARRANTIES

You agree that your use of the App and Services is at your sole and exclusive risk and that any Services provided by us are on an "As Is" basis. We hereby expressly disclaim any express or implied warranties of any kind, including but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. We make no warranties that the App or Services will meet your needs or that the App or Services will be uninterrupted, error-free, or secure. We also make no warranties as to the reliability or accuracy of any information on the App or obtained through the Services. You agree that any damage that may occur to you through your computer system or because of the loss of your data from your use of the App or Services is your sole responsibility and that we are not liable for any such damage or loss.

LIMITATION ON LIABILITY

We are not liable for any damages that may occur to you because of your use of the App or Services to the fullest extent permitted by law. This section applies to any claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.

GOVERNING LAW AND JURISDICTION

This app originates from the United States. The laws of United States. Without regard to its conflict of law, principles will govern these terms to the contrary. You hereby agree that all disputes arising out of or in connection with these terms shall be submitted to the exclusive jurisdiction of the United States. By using this app, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding, or claim arising under or by reason of these terms. You hereby waive any right to trial by jury arising out of these terms.

SEVERABILITY

If any provision of these Terms and conditions is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.

CONTACTING US

If you would like to contact us to understand more about terms or wish to contact us concerning another matter, you may do so via the email at aberrantwallpapers@protonmail.com.