EULA 

This End-User License Agreement ("EULA") is a legal agreement between you and WallArt

Please read the End-User License Agreement ("EULA") carefully before using WallArt. By accessing, browsing and/or using this Service, you (the end user of the Service referred to herein below as “User” or “you”) acknowledge that you have read, understood, and agree to be bound by all the terms, conditions. If you do not agree to the Terms and the applicable guidelines, then you are obliged to cease using the Service immediately.

If you register for a free trial of the WallArt software, this EULA agreement will also govern that trial.

Intellectual Property and Ownership

All Intellectual Property Rights related to the Service including but not limited to logo, software, copyrights and related rights, design, trade secrets and know-how belong to WallArt, and/or its suppliers, affiliates, or licensors. WallArt or its licensors own and reserve all right, title and interest in and to the Service and all Intellectual Property Rights, other than the rights WallArt expressly grant to you by way of a limited non-transferable and non-sublicensable right, to use the Service. 

No title to or ownership of any Intellectual Property Rights related to the Service is transferred to you pursuant to these Terms. If you provide comments, suggestions and recommendations to WallArt about a Service, you are automatically assigning this Feedback to WallArt. 

WallArt hereby grants you a personal, non-transferable, non-exclusive licence to use the WallArt software on your devices in accordance with the terms of this EULA agreement.

You are permitted to load the WallArt software (for example a PC, laptop, mobile or tablet) under your control. You are responsible for ensuring your device meets the minimum requirements of the WallArt software.

Do’s 

• You can view and set as wallpapers;

• You can use wallpapers for commercial and non-commercial purposes within the limitations of the Don’ts below.
  
  

Dont’s 

• Edit, alter, modify, adapt, translate or otherwise change the whole or any part of the Software nor permit the whole or any part of the Software to be combined with or become incorporated in any other software, nor decompile, disassemble or reverse engineer the Software or attempt to do any such things;

• Reproduce, copy, distribute, resell or otherwise use the Software for any commercial purpose;

• Allow any third party to use the Software on behalf of or for the benefit of any third party;

• Use the Software in any way which breaches any applicable local, national or international law;

• use the Software for any purpose that WallArt considers is a breach of this EULA agreement.
  
  

Users confirm that: As a provider of network storage space services, WallArt is not responsible for prior copyright review obligations for the content uploaded by the user, any user should ensure that the content of the material uploaded, published material content for their own original or has obtained the authorisation of the corresponding right holders. If any right holder makes a claim to the WallArt, WallArt will verify the claim, and the uploading user is obliged to assist WallArt in providing proof of creation or authorisation, or any other document proving ownership. If the uploading user is unable to provide the corresponding documents, WallArt will block or block the infringing content in accordance with the law and this Agreement.

For copyright holders/ authors : WallArt respects the legislation, authors' rights and third party rights of any content and requires this not only from ourselves but also from our users. If you believe that certain content posted by our users infringes your copyright or the rights of a copyright holder, you can report this in two ways:

1) by filling notification form with "report" button in the Application (exclamation sign in the triangle button on the same screen with the image)

2) Send the completed form to wallart@imyfone.com

Third Party Beneficiaries

These Terms are concluded between WallArt and the User.  Nonetheless, any third party entities with which WallArt has a contractual relationship in furtherance to the provision of the Service are deemed as third party beneficiaries of these Terms in the sense that they will have the right to enforce their own terms of service, where applicable, against the User as the end user of the Service.

The User must agree and abide by all applicable third party terms of service and terms and conditions when using the Service.

Subscription Requirement 

We may at our sole discretion offer you free trials for selected features of the Service. WallArt reserves the right to determine if you are eligible for a free trial and to discontinue at any time and without prior notification any free trial related to this service.

In order to access certain functionalities of the Service, you may be required to pay premium membership fees which will grant you a subscription to the Service (the “Subscription”). WallArt reserves the right to unilaterally increase premium membership fees, any associated taxes, or to institute new fees at any time upon reasonable advance notice.

When you make a purchase for any Paid Services, you authorize WallArt or its third party payment processors to charge the credit card provided by you (which you represent and warrant that you are authorized to use) all applicable fees for your purchase, inclusive of all applicable taxes, and you agree that our payment provider can retain your credit card information. If WallArt does not receive payment from your credit card provider, you agree to pay all amounts due upon request and WallArt may suspend your access to the Services until full payment is received. If you choose an automatic recurring payment and later decide to end your subscription, canceling the payment is your responsibility. WallArt does not refund automatic payments not canceled in time.

You may terminate your Subscription at any time and you will not be obliged to pay any additional fees for upcoming Subscription renewal periods. However, any Subscription fees you have paid in advance will not be refunded unless there have been 30 days or less since the payment.

Your Account 

In order to use certain features of the Service, you may have to register and create an account with WallArt. By creating an account, and making use of the WallArt Service, you claim and confirm that you are of legal age in accordance to applicable law, that you are legally authorized to enter into agreements according to applicable law, and that you are permitted by applicable law to create an account and make use of the WallArt Service.

You acknowledge and agree that you are responsible for maintaining the confidentiality of any account information and credentials including passwords associated with any account you use to access or use the Service, and that you will be solely responsible for all activities that occur under your account. In the event you become aware of any unauthorized use of your password or your account, you shall notify WallArt immediately.

WallArt reserves the right to suspend or terminate your account at any time and for any reason and shall incur no liability whatsoever for such suspension or termination.

Limitation of Liability 

In no event shall WallArt, nor any of its officers, directors, developers and employees, be liable to you for anything arising out of or in any way connected with your use of WallArt Service, whether such liability is under contract, tort, delict, or otherwise, and WallArt, including its officers, directors, developers, consultants and employees shall not be liable for any liability whatsoever, whether direct, indirect, consequential or special, including loss of income, moral or otherwise, arising out of or in any way related to your use of WallArt Service. Should any mishap or damage occur to you during your use of the Service provided, you are hereby waiving all your legal rights and remedies that may be used against WallArt, or any of its officers, directors, developers and employees, and you hereby declare that you are solely responsible, and hold WallArt harmless and indemnified, for any mishap, damage or loss which occurred or might have occurred to you during your use of WallArt Service. 

WallArt does not guarantee the truthfulness, accuracy, or completeness of any information obtained by users from WallArt, such as content posted by others or commercial promotions. Any user shall exercise caution in determining the authenticity and prudent risk prevention before performing any act through the above information. We shall not be liable for any direct, indirect, incidental or consequential losses and liabilities for any transaction and/or conduct not directly occurring with us, for whatever reason.

Termination 

This EULA agreement is effective from the date you first use the Software and shall continue until terminated.

It will also terminate immediately if you fail to comply with any term of this EULA agreement. Upon such termination, the licenses granted by this EULA agreement will immediately terminate and you agree to stop all access and use of the Software. The provisions that by their nature continue and survive will survive any termination of this EULA agreement. 

Governing Law 

These Terms of Service and any separate agreements whereby we provide you shall be governed by and construed in accordance with the local laws.