1. These Terms and Conditions explain your rights and obligations in using the backiee website and application as services (“Services”) of good2create developer team.
2. Please read the Terms and Conditions carefully. By continuing to use the “Services”, you agree that you have read and are bound by these terms. If you do not agree to these terms, you must not use the “Services”.
3. We refer to our “Services” users as users ("Users") as a guest or registered user.
You agree that our sole offer to you in connection with the “Services” are to provide them as-are, or as modified by us in our sole discretion, until such time as we should choose to discontinue the “Services” or any component of the “Services”.
You agree that any Account you may create via the “Services” may be terminated, and/or some or all of the associated Account Information deleted, following a period of inactivity. Such deletion may be done without prior notice.
The “Services” are intended for use by individuals 13 years of age and older. You are not permitted to use the “Services”, establish an Account, or provide Account Information if you are under 13 years of age.
You are fully responsible for how you use our “Services”.
You may not create a user name, upload images to backiee of any kind that are, within the sole discretion of good2create, determined to be commercial, illegal, offensive or potentially harmful to others.
WE'RE NOT RESPONSIBLE FOR ALL CIRCUMSTANCES. You also agree that we are not responsible for anything beyond our control. We assume no responsibility for the user generated content of the “Services”.
6.1 User Content
YOU OWN ALL OF YOUR USER CONTENT, INCLUDING ANY PHOTOS THAT YOU UPLOAD TO THE SITE.
* The Services lets you upload photos, images and other user content. Any content uploaded are belongs to you or your licensors. We will not claim any ownership in your User Content–it is completely, 100%, yours.
* A user can upload up to 100 wallpapers per day.
* You are solely responsible for your content and any consequences that occur because you’ve uploaded to the Services. Each time you upload your content, you represent and warrant to us that: You are the creator and owner of the image or have all necessary rights from other people or companies to use, and permit other users to use, your photo on the Services.
Your content does not and will not infringe or misappropriate any third party right, including copyright and other intellectual property rights, privacy rights, rights of publicity, or moral rights, or slander, defame, or libel anyone. In other words, your content must be your original work and you must have the permission of any third parties that have rights in content before you upload or post the content to the Services.
DISCLAIMER: There is no reasonable way for us to monitor all of the content that gets uploaded to the Services. This means that we are not responsible for any User Content on the Services. That said, we may at any time remove any content from the Services (without notification) for any reason, including if we think the User Content violates these Terms or is otherwise objectionable.
We will terminate the accounts of users that we find are “repeat infringers,” which is a user who has been notified of infringing activity more than three times or has had infringing User Content removed from the Services more than three times.
7. Intellectual property
If you find any of the wallpapers originally belong to you and uploaded without your permission, please Contact us with details to have the relevant images removed.
All images found here are believed to be in the 'public domain'. We do not intend to infringe any legitimate intellectual right, artistic rights or copyright. If you found a violation contact us with details, we'll remove it as soon as possible.
You can download anything from this “Services” are purely for personal use. You do not have any permission to use any wallpapers commercially. If you want to use wallpapers or images for commercial purposes you must take the permission from the original copyright holder of that wallpapers or images.
8. Use of content submitted by Users
You agree that any Content you upload, post, email, transmit or otherwise make available via the Service is non-confidential and that we shall have a perpetual, worldwide, non-exclusive license to use any such Content in connection with the Service and our business (and any successor), including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User a non-exclusive license to access your Content through the “Services”, and to use, reproduce, distribute, prepare derivative works of, display and perform such Content as permitted through the functionality of the “Services” and under these Terms and Conditions. The submission of any materials to us irrevocably waives any and all "moral rights" in such materials, including the rights of paternity and integrity. The foregoing license granted by you terminates once you remove or delete Content from the “Services”.
When you upload images to backiee, you understand and accept complete responsibility for your content, including any and all consequences that may arise.
We state that it's the sole responsibility of the uploader to make sure no copyrights and related rights are violated by contributing images to backiee. Thus, the uploader held responsible in the case of a copyright infringement.
By uploading the wallpaper to backiee, the uploader agreeing that all wallpapers can be used on our website, backiee.com, in our applications, and on our social media channels.
By uploading wallpapers to the Website or Application, your works are released under Creative Commons CC0 free to use for almost any purpose, both commercial and non-commercial.
You are solely responsible for the Content you upload. You warrant that you own all proprietary rights regarding the Content, and you are obliged to obtain a non-exclusive, perpetual, irrevocable, worldwide, and royalty-free Model and/or Property Release, and/or any other permission necessary concerning the use of this work for any purpose, without any conditions, unless such conditions are required by law.
Furthermore, you acknowledge that backiee does not allow the upload of any wallpapers that infringe on any copyright, property right, trademark, or any other applicable right.
You accept that even though we do our best to prevent it from happening, backiee cannot be held responsible for the misuse or abuse of any Content.
We also reserve the right to remove any Content at any time if we believe it's defective, of poor quality, or in violation of these Terms and Conditions.
9. Copyright Violations
If you believe in good faith that any material provided through the “Services” infringes upon your copyright, you may send notice to good2create requesting that the material or access to the material be removed, pursuant to the Digital Millennium Copyright Act ("DMCA"), by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) and http://www.loc.gov/copyright for further details). The notice must include all of the following: An electronic or physical signature of the copyright owner or person authorized to act on behalf of the copyright owner; sufficient identification of the allegedly infringing material; sufficient information as to the location of the allegedly infringing material so that it may be found and identified; the complainant's name, address, telephone number and, if possible, email address; a written statement by the complainant of a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and a statement by the complainant, under the penalty of perjury, that the information in the notification is accurate, and under penalty of perjury, that the complainant is the owner or is authorized to act on behalf of the owner of the copyright that is allegedly infringed.
10. Publisher conduct
You understand that all content posted by publishers are the sole responsibility of the User from which such Content originated. This means that you – the Publisher, and not us – the “Services”, are entirely responsible for all Content that publisher upload or otherwise make available via the “Services”. We do not control the Content posted via the Service and, as such, do not guarantee the accuracy, integrity or quality of such Content.
You understand that by using the “Services”, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
11. Not intended use of any services
Users or publishers who are not intended using of any good2create services are violating good2create's Terms and Conditions. Violating the Terms and Conditions may will result the deletion of the publisher account and/or publisher's wallpapers.
12.1 Pre moderation process
Every uploaded images are moderated manually therefore the images are not displayed immediately. After a successful upload the uploaded image is listed in the “Under moderation” section of the Account page.
The moderation takes approximately 24-48 hours but we retain the right to extend this period.
Approved images are listed in the “Active” section of the account page. Every active images are public and can be seen or downloaded by other Users.
Uploaded images can not be deleted by the publishers. However, the publisher can deactivate images any time.
12.2 Image statuses
Active images can be seen in public lists, can be downloaded and share by other Users.
Deactivated images can not be seen in public lists, but remain accessible from the user generated lists. (Own folders, favorite and history)
12.2.3 Under moderation
The image is not yet approved. It can not be seen in public lists and not accessible for Users.
12.2.4 Content moderation
We retain the right, but not the obligation, to monitor and edit or remove any content that it deems in its sole discretion to be harmful to Users, us or the rights of any third party, or to violate any applicable law. This includes the right, but not the obligation, to remove any text or images uploaded by you that we deem in our sole judgment to be inappropriate or that we believe may subject us to any liability, including without limitation the following:
12.2.5 Adult content
backiee is considered family-safe, which means that publishers aren't permitted to upload images which contain pornography, adult, or mature content.
12.2.6 Copyrighted material
You are not allowed to upload images that are protected by copyright law unless you have the necessary legal rights to upload that content.
12.2.7 Violent content
Our terms and conditions don't allow to upload content that contains graphic or gory images such as bloodshed, fight scenes, and gruesome or freak accidents.
Prohibited and illegal content
You are not allowed to upload images that contains content that is prohibited, illegal, promotes illegal activity, or infringes on the legal rights of others.
13. Third party in-app purchase (Windows only)
backiee Windows application provides the ability to purchase a subscription from 3rd party services.
The following parties are involved in the transaction: