Terms of Use

Date of Last Revision: 10/23/15

Hi, welcome to Backdrops! Let's get started.


Backdrops ("Backdrops" or "we" or "us" or "our") showcases original wallpapers designed just for you. We also let our community of users actively upload and share their own wallpapers, creations and/or photos. Because of this, we need Terms of Use in place.


By using the Backdrops application (“app" or collectively, the “Services"), you agree to be bound by both our Terms of Use (“Terms") and our Privacy Policy. This is a legal agreement between you and us. If you do not agree with any of these Terms, then do not use the Backdrops app. Each time you use or access the Backdrops app, you are responsible for being familiar with any changes or modifications to these Terms of Use, which could happen at any time.


Fees and Charges.


The Backdrops app contains In-App-Purchases (“IAPs") to unlock more features and content. Please be aware that IAPs are non-refundable. Make sure you require authentication for all purchases through the Play Store settings to avoid accidental purchases.


The Backdrops app consists of high quality wallpapers. Regular usage can use a lot of data. Please be aware that your Internet Service Provider or mobile carrier's normal rates and fees may apply to your use of Backdrops. You are solely responsible for such charges and fees.


Sharing Our Exclusive Content is Prohibited.


The Backdrops team designs all walls (“exclusive content”) in the Explore tab (including our Premium & Pro collections) within the Backdrops app. Sharing these walls outside of the Backdrops app is strictly forbidden. You CAN NOT share any of the exclusive content even if you are a Pro member. Saving the walls in the Explore tab (including our Premium and Pro collections) to your device is for personal use only (for example, editing and cropping to your liking). We have the right to hold you responsible and pursue legal action if you share our exclusive content without our permission.


Prohibited Content.


We let let our community of users actively upload and share their own wallpapers, creations and/or photos to our Social section. However, there are limitations in place.


The following types of content are not allowed on the Services (“Prohibited Content"):


  1. Nudity.
  2. Content protected by Copyright.
  3. Stolen work.
  4. Explicit content.

This is the simplified version of prohibited content for easy and quick readability.


We have the right, but not the obligation, to remove or modify any uploaded content for any reason at any time, including user content that we believe constitutes Prohibited Content, or violates these Terms of Use. If you post Prohibited Content, as decided in our sole discretion, we may ban you and report you to the authorities in appropriate circumstances.


Encouraged Content.


The following types of content are encouraged for uploading to the Backdrops app:


  1. Original work.
  2. Your own photography.
  3. Public domain content.
  4. Content that you have permission from the original creator to upload & share.

If your uploaded content complies with our Terms of Use, then it may be approved to be shown within the Social tab in the Backdrops app. We still hold the right to delete, remove, or modify any uploaded content for any reason at any time, even if it doesn't contain any prohibited content. For example, if the quality of the uploaded content isn't high enough, in terms of design and/or resolution.


Claims of Copyright Infringement.


We try to monitor and approve uploaded content to the best of our knowledge. If you see anything on the Backdrops app that you believe infringes your copyright rights, please contact us at support@backdrops.io with the following information so we can easily remove it:


  1. Identification of the copyrighted work(s) claimed to have been infringed (for example, a copy of or link to your original work);

  2. Identification of the material on our servers and information sufficient to allow us to locate and remove the material (for example, the name given to the allegedly infringing content on the Backdrops app);

  3. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you as copyright owner, or by your agent, or by law (e.g., the use is not allowed by Section 107 of the U.S. Copyright Act);

  4. A statement that the information in your notice is accurate, and under penalty of perjury, that you are the owner (or authorized to act on behalf of the owner) of the exclusive copyright right that is allegedly being infringed.

  5. Your physical or electronic signature, or of someone authorized to act on your behalf;

  6. Instructions on how we may contact you: including email, address, and phone number.

We respond to notices of claimed copyright infringement in accordance with the Digital Millennium Copyright Act (“DMCA"). It is our policy to terminate the account of any user we determine, in our sole discretion, to be a repeat infringer of copyrights.


Termination.


We will terminate your account if we determine you to be a repeat infringer of copyrights. We may also terminate your account without prior notice under appropriate circumstances if you violate these Terms, or for any other reason, in our sole discretion. Backdrops shall not be liable to you or any third party for any termination of your access to the Services. You agree that upon termination of your account, we may delete all uploaded content and information related to your account, if any, without any obligation to return/transmit to you any such uploaded content and/or information.


Limitation of Liability.


TO THE MAXIMUM EXTENT PERMITTED BY LAW, BACKDROPS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.


Terms of Use Changes.


We reserve the right, at our sole discretion, to change or modify portions of these Terms at any time. If we do this in a way that changes your rights, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We may require you to provide consent to the updated Terms before further use of the Services is permitted. Otherwise, your continued use of the Services after the date any such changes become effective constitutes your acceptance of the new Terms. If you do not agree to the amended Terms, you must stop using the Services. However, any dispute that arose before the changes shall be governed by the Terms that were in place when the dispute arose.


In the event of any dispute, we ask that you contact us first and attempt to resolve any dispute you have with us informally by contacting us at support@backdrops.io