BEST HD WALLPAPER License Agreement(s)

This translation is for informational purposes only and is not a legally binding document.
Please refer to the original English provisions.

Dear Best HD Wallpaper Customer:

The following Terms of Service ("TOS") is a legal agreement between you or the employer or other entity on whose behalf you are entering into this agreement ("you" or "Customer") and Best HD Wallpaper (as such term is defined in Part V Section 24 below) and sets forth the rights and obligations with respect to any Content licensed by you.

Please revisit this TOS when you purchase any Content licenses. Best HD Wallpaper reserves the right to modify the TOS at any time in its sole discretion. Prior to such changes becoming effective, Best HD Wallpaper will use reasonable efforts to notify you of any such change. Such notice may be made by email to the email address on file in your Best HD Wallpaper account, an announcement on this page, your login page, and/or by other means. Modifications to this TOS will only apply to prospective purchases (including any automated renewals). By licensing Content following any such modifications, you agree to be bound to the TOS as modified.

THIS IS A SINGLE SEAT LICENSE AUTHORIZING ONE NATURAL PERSON TO LICENSE, DOWNLOAD AND USE CONTENT.

IF YOU ARE PURCHASING A SUBSCRIPTION TO A BEST HD WALLPAPER SERVICE, SUCH SERVICE IS SUBJECT TO THE SOFTWARE-AS-A-SERVICE TERMS AVAILABLE "HERE"

If you require access and usage rights for more than one natural person, please contact Customer Service (Email: Customer Support). For clarity, if a user is acting in an employment capacity, the employer will be deemed the licensee for the purposes of the license.

• "Content" means all content available for license from the Best HD Wallpaper website, including Images (as defined herein.)
• "Image(s)" means still photographs, vectors, drawings, graphics, and the like.

PART I – VISUAL CONTENT LICENSES

1. Best HD Wallpaper hereby grants you a non-exclusive, non-transferable right to use, modify (except as expressly prohibited herein) and reproduce Visual Content worldwide, in perpetuity, as expressly permitted by the applicable license and subject to the limitations set forth herein:

   1. IMAGE LICENSES

      1. A PREMIUM IMAGE LICENSE grants you the right to use Images:

         1. To be used on your own mobile phone, tablet or computer;
         2. For your own personal, non-commercial use (not for resale, download, distribution, or any commercial use of any kind)

      2. AN CC0 IMAGE LICENSE grants you the right to use Images :

         1. BestHDWallpaper.com is a community supported website with most of the published content uploaded by our user community or collected from a wide variety of sources including free image repositories and websites. Although the published content is authorized for sharing and personal use as desktop wallpaper by the uploader/author or Public Domain/Free Culture licensed content, unless otherwise stated in the wallpaper description, all images on this website belong to their respective authors. Therefore, if you wish to use these images for any other use, you must obtain permission from their respective authors. Best HD Wallpaper has no obligation to share publishers who upload with CC0 license.
         2. If the PREMUM or CC0 Image licenses do not grant the rights you require please contact Customer Service. (Email: Customer Support)

2. RESTRICTIONS ON USE OF VISUAL CONTENT

   YOU MAY NOT:

   1. Use Visual Content other than as expressly provided by the license you purchased with respect to such Visual Content.
   2. Portray any person depicted in Visual Content (a "Model") in a way that a reasonable person would find offensive, including but not limited to depicting a Model: a) in connection with pornography, "adult videos", adult entertainment venues, escort services, dating services, or the like; b) in connection with the advertisement or promotion of tobacco products; c) in a political context, such as the promotion, advertisement or endorsement of any party, candidate, or elected official, or in connection with any political policy or viewpoint; d) as suffering from, or medicating for, a physical or mental ailment; or e) engaging in immoral or criminal activities.
   3. Use any Visual Content in a pornographic, defamatory, or deceptive context, or in a manner that could be considered libelous, obscene, or illegal.
   4. Modify Visual Content designated "Editorial Use Only" in a manner that changes the context of what is depicted.
   5. Use Visual Content designated "Editorial Use Only" (including, but not limited to, Editorial content) for commercial purposes, including for reference, in any advertising, merchandise or other non-editorial contexts.
   6. Resell, redistribute, provide access to, share or transfer any Visual Content except as specifically provided herein. For example and not by way of limitation, the foregoing prohibits displaying Content as, or as part of, a "gallery" of content through which third parties may search and select from such content.
   7. Use Visual Content in a manner that infringes upon any third party's trademark or other intellectual property, or would give rise to a claim of deceptive advertising or unfair competition.
   8. Use any Visual Content (in whole or in part) as a trademark, service mark, logo, or other indication of origin, or as part thereof.
   9. Falsely represent, expressly or by way of reasonable implication, that any Visual Content was created by you or a person other than the copyright holder(s) of that Visual Content.

3. CREDIT AND COPYRIGHT NOTICES

   1. The use of Images in connection with news reporting, commentary, publishing, or any other "editorial" context, shall be accompanied by an adjacent credit to the Best HD Wallpaper contributor and to Best HD Wallpaper in substantially the following form:
      
      "Name of Artist/BestHDWallpaper.com"
   2. Editorial credits shall take the following form:
      
      "Name of Artist / Agency / BestHDWallpaper"
   3. If and where commercially reasonable, the use of Images in Merchandise or an audio-visual production shall be accompanied by a credit to Best HD Wallpaper in substantially the following form:
      
      "Image(s), used under license from BestHDWallpaper.com"
   4. Credit attributions are not required in connection with any other use Images unless another stock content provided is afforded credit in connection with the same use. For clarity, attribution is always required for Editorial content.
   5. In all cases the credit and attribution shall be of such size, color and prominence so as to be clearly and easily readable by the unaided eye.

PART III - WARRANTIES AND REPRESENTATIONS

1. Best HD Wallpaper warrants and represents that:

   1. Best HD Wallpaper's contributors have granted Best HD Wallpaper all necessary rights in and to the Content to grant the rights set forth in Part I or Part II as applicable.
   2. Images in its original unaltered form and used in full compliance with this TOS and applicable law, will not: i) infringe any copyright, trademark or other intellectual property right; ii) violate any third parties' rights of privacy or publicity; iii) violate any Republic of Turkiye law, statute, ordinance, or regulation; or iv) be defamatory, libelous, pornographic or obscene.

   3. BEST HD WALLPAPER MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER OTHER THAN THOSE EXPRESSLY MADE IN THIS "WARRANTIES AND REPRESENTATIONS" SECTION.

PART IV - INDEMNIFICATION AND LIABILITY

1. Subject to the terms hereof, and provided that you have not breached the terms of this or any other agreement with Best HD Wallpaper, Best HD Wallpaper will defend, indemnify, and hold you harmless up to the applicable "Limit of Liability" set forth below. Such indemnification is solely limited to Customer’s direct damages arising from a third-party claim directly attributable to Best HD Wallpaper’s breach of the express warranties and representations made in Part III hereof, together with associated expenses (including reasonable attorneys’ fees). Indemnification is conditioned upon you notifying Best HD Wallpaper, in writing, of any such claim or threatened claim, no later than five (5) business days from the date you know or reasonably should have known of the claim or threatened claim. Such notification must include all details of the claim then known to you (e.g., the use of Content at issue, the name and contact information of the person and/or entity making the claim, copies of any correspondence received and/or sent in connection with the claim). The notification must be emailed to Best HD Wallpaper at legal-notices@BestHDWallpaper.com, with a hard copy to Best HD Wallpaper, Kazım Karabekir mah. Varinlioglu cad. Cilem Ap. No : 39A / 7 Melikgazi / Kayseri / TURKIYE, Attention: General Counsel, via certified mail, return receipt requested; or ii) overnight courier, recipient’s signature required. Best HD Wallpaper shall have the right to assume the handling, settlement or defense of any claim or litigation to which this indemnification applies. You agree to cooperate with Best HD Wallpaper in the defense of any such claim and shall have the right to participate in any litigation at your own expense. You agree that Best HD Wallpaper is not liable for any legal fees and/or other costs incurred by you or on your behalf prior to Best HD Wallpaper having a reasonable opportunity to analyze such claim’s validity.
2. Best HD Wallpaper shall not be liable for any damages, costs or losses arising as a result of modifications made to the Content or due to the context in which you use the Content.

3. Limits of Liability: Best HD Wallpaper’s total maximum aggregate obligation and liability (the "Limit of Liability") arising out of each of Customer’s:

   • Premium Image Licenses shall be USD $1,000.

   If you have questions about the foregoing, please contact Customer Service. ( Email: Customer Support)

4. You will indemnify and hold Best HD Wallpaper, its officers, employees, shareholders, directors, managers, members and suppliers, harmless against any damages or liability of any kind arising from any use of the Visual Content other than the uses expressly permitted by this TOS. You further agree to indemnify Best HD Wallpaper for all costs and expenses that Best HD Wallpaper incurs in the event that you breach any of the terms of this or any other agreement with Best HD Wallpaper.

PART V - ADDITIONAL TERMS

1. Except when required by law, Best HD Wallpaper shall be under no obligation to issue refunds under any circumstances. All fees are non-refundable, even if your subscription is terminated before its expiration. If you cancel before the end of the 12 month term, you will be charged 50% of your remaining contract obligation, unless local law requires otherwise. You authorize Best HD Wallpaper to charge you all subscription fees for the duration of the term agreed to at the time of purchase. In the event that Best HD Wallpaper determines that you are entitled to a refund of all or part of the fees you paid, such refund shall be made using the payment method originally used by you to make your purchase. If you reside in the European Union and you cancel your account within fourteen (14) days of making payment to Best HD Wallpaper, provided that you have not yet downloaded or licensed any Visual Content, Best HD Wallpaper, will refund the payment made by you in connection with such cancelled account. To cancel your account, please contact Customer Service. (Email: Customer Support).
2. Following the expiration of your subscription plan, such plan will automatically renew on the same terms as your original plan purchase. You can disable automatic renewal at any time prior to renewal using your account settings. You expressly grant Best HD Wallpaper the right to charge you for each automatic renewal until you timely disable automatic renewal.
3. The fees charged by Best HD Wallpaper are exclusive of taxes, and all such taxes, direct or indirect, shall be in addition to any fees related to the products you are buying. If Best HD Wallpaper is required to collect indirect and/or transactional taxes (such as sales tax, value-added tax, goods and services tax, et al) under the laws of your state or country of residence, you shall be liable for payment of any such indirect tax. Where Best HD Wallpaper or you are required to collect or remit direct or indirect taxes, you may be required to self-assess said tax under the applicable laws of your country of residence.
4. "Non-transferable" as used herein means that except as specifically provided in this TOS, you may not sell, rent, load, give, sublicense, or otherwise transfer to anyone, Content or the right to use Content. You may however, make a one-time transfer of Content to a third party for the sole purpose of causing such third party to print and/or manufacture your goods incorporating Content subject to the terms and conditions herein. If you become aware that any social media website uses any Content in a manner that exceeds your license hereunder, you agree to remove all derivative works incorporating Content from such Social Media Site, and to promptly notify Best HD Wallpaper of each such social media website's use. You agree to take all commercially reasonable steps to prevent third parties from duplicating any Content. If you become aware of any unauthorized duplication of any Content please contact Customer Service. (Email: Customer Support).
5. Upon notice from Best HD Wallpaper or if you learn that any Content is subject to a threatened or actual claim of infringement, violation of another right, or any other claim for which Best HD Wallpaper may be liable, or if Best HD Wallpaper removes any Content due to perceived business risk as determined in Best HD Wallpaper's reasonable discretion and gives you notice of such removal, you will remove the Content from your computer systems and storage devices (electronic or physical) and, if possible, cease any future use of the removed Content at your own expense. Best HD Wallpaper shall provide you with comparable Content (which comparability will be determined by Best HD Wallpaper in its reasonable commercial judgment) free of charge, but subject to the terms and conditions of this TOS.
6. If you use any Content as part of work product created for or delivered to a client or customer, you will disclose the identities of such clients or customers to Best HD Wallpaper, upon Best HD Wallpaper’s reasonable request.

7. Arbitration.

   1. Any controversy or claim arising out of or relating to this TOS, or the breach thereof, shall be settled by binding individual (not class) arbitration administered under the Commercial Arbitration Rules of the Turkish Arbitration Association or of the International Centre for Dispute Resolution in effect on the date of the commencement of arbitration, rather than in court, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets. The place of arbitration shall be the city of Kayseri and county of TURKIYE. The language of the arbitration shall be Turkish. There shall be one arbitrator to be mutually agreed by the parties. Each party shall bear its own costs in the arbitration. Both parties agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack) (iii) any claim arising solely from Customer’s alleged failure to pay fees due to Best HD Wallpaper. This arbitration provision will survive termination of this TOS.
   2. YOU AND BEST HD WALLPAPER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and Best HD Wallpaper agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. You and Best HD Wallpaper acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable disputes under this TOS.
   3. If a court decides that applicable law precludes enforcement of any of the limitations in this Part V, Section 7 as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
8. Neither party may assign this agreement, without the prior written approval of the other party, except that Best HD Wallpaper may assign this agreement to a subsidiary, an affiliated company within the Best HD Wallpaper group, the entity that results from a merger or other corporate reorganization involving Best HD Wallpaper, or an entity that acquires all or substantially all of Best HD Wallpaper’s assets or capital stock.
9. This TOS shall be construed neither against nor in favor of any party, but rather in accordance with the fair meaning of the language hereof. This TOS is governed by and shall be construed in accordance with the laws of the applicable jurisdiction set forth in Section 5.24, without respect to its conflict of laws principles.
10. If you are entering into this TOS on behalf of your employer or other entity, you warrant and represent that you have the full right and authority to do so. In the event that you do not have such authority, you agree that you will be personally liable to Best HD Wallpaper for any breaches of the terms of this TOS. You hereby grant Best HD Wallpaper a worldwide, non-exclusive, limited license to use your trademarks in Best HD Wallpaper's promotional materials, including a public customer list. Best HD Wallpaper's use of your trademarks shall at all times conform to your then-current trademark use policies as made available to Best HD Wallpaper and shall at all times inure to your benefit. Best HD Wallpaper further agrees that it will use commercially reasonable efforts to terminate any particular use of your trademark no later than thirty (30) days from the date of receipt by Best HD Wallpaper of your email request to legal-notices@BestHDWallpaper.com.
11. The number of Content downloads available to you is determined by the product you purchase. For the purposes of this TOS, a day is defined as the twenty four (24) hour period beginning at the time your product is purchased. A month is defined as a calendar month beginning on and including the date that you purchase your product and ending on that date which is the earlier of (i) the same date as your purchase in the following month or (ii) the last day of the following month. By way of example, if you purchase a monthly subscription on March 5, it will renew on April 5. If you purchase a monthly subscription on August 31, your subscription will renew on September 30.
12. Unless otherwise specified in the coupon, any coupon or discount code applied to a purchase hereunder shall apply only to the first payment made in connection with such purchase.
13. If any individual term of this TOS is found to be invalid or unenforceable by any legal or regulatory body of competent jurisdiction, such finding will be limited solely to such invalid or unenforceable part, without affecting the remaining parts of such individual term, or any other part of this TOS, so that this TOS shall otherwise remain in full force and effect.
14. You expressly agree that any feedback provided to you by Best HD Wallpaper or its representatives regarding any questions you may have about this TOS or your use of Content licensed hereunder, is solely for the purpose of interpreting this TOS and is not legal advice. Best HD Wallpaper cannot render legal advice to you and expressly disclaims any liability of any kind related to any feedback provided by Best HD Wallpaper or its representatives.
15. It is expressly understood and agreed that this TOS is entered into solely for the mutual benefit of the parties herein and that no benefits, rights, duties, or obligations are intended by this TOS as to third parties.
16. In the event that you breach any of the terms of this or any other agreement with Best HD Wallpaper, Best HD Wallpaper shall have the right to terminate your account without further notice, in addition to Best HD Wallpaper's other rights at law and/or equity. Best HD Wallpaper shall be under no obligation to refund any fees paid by you in the event that your account is terminated by reason of a breach.
17. Except as expressly set forth in the applicable license and warranties sections herein, Best HD Wallpaper grants no rights and makes no further warranties. Best HD Wallpaper only has model or property releases where expressly indicated on the Best HD Wallpaper website.
18. Best HD Wallpaper's liability under any individual license purchased hereunder shall not exceed the "Limit of Liability" applicable to the license in effect at the time you know or should have known of the claim, and is without regard to the number of times the subject Content is licensed or used by you.
19. Except as specifically provided in Part IV hereof, in no event, will Best HD Wallpaper's total aggregate liability to you or any third party claiming through you, arising out of or in connection with your use of or inability to use the Best HD Wallpaper websites and/or Content contained thereon (whether in contract, tort or otherwise) exceed the monetary amount actually received by Best HD Wallpaper from you for the applicable Content license.
20. Neither Best HD Wallpaper nor any of its officers, employees, managers, members, shareholders, directors or suppliers shall be liable to you or to any other person or entity for any general, punitive, special, indirect, consequential or incidental damages, or lost profits or any other damages, costs or losses arising out of your use of the Content, Best HD Wallpaper's breach of this agreement, or otherwise, unless expressly provided for herein, even if Best HD Wallpaper has been advised of the possibility of such damages, costs or losses.
21. Except as expressly set forth in Part III, all Content is provided "as is" without warranty of any kind, either express or implied, including, but not limited to the implied warranties of non-infringement, merchantability, or fitness for a particular purpose. Some Content may contain elements that require additional clearance if the Content is modified or used in a particular context. If you make such modification or use Content in such context, you are solely responsible for obtaining any additional clearances thereby required.
22. Best HD Wallpaper does not warrant that the Content, Best HD Wallpaper websites, or other materials will meet your requirements or that use will be uninterrupted or error free. The entire risk as to the quality, performance and use of the Content is solely with you.
23. In the event that you use fraudulent credit card information to open an account or otherwise engage in any criminal activity affecting Best HD Wallpaper, est HD Wallpaper will file a criminal complaint with the Internet Crime Complaint Center, a partnership between Turkish Police Stations and the Cyber Crime Unit, via www.egm.gov.tr.
24. Best HD Wallpaper contracting party and choice of law. Subscriptions and purchases initiated before October 15, 2024 are contracted with Best HD Wallpaper , including all subsequent installment payments and automatic renewals until cancelled. Subscriptions from October 15, 2041 but before October 17, 2024, are contracted with the Best HD Wallpaper entity identified in the TOS in effect at the time of your initial purchase, including all subsequent installment payments and automatic renewals until cancelled. For new subscriptions and purchases initiated from May 17, 2024, your country of residence is the same as your billing address, as same is provided by you to Best HD Wallpaper in connection with your account.
25. For [packs], an [order] refill will also be triggered by a licensee's use of all assets in the pack (e.g., licensee's download of any premium wallppaer assets). To cancel, please visit the Plans page. Your Country of Residence Best HD Wallpaper contracting party and “Best HD Wallpaper” hereunder Choice of Law Arbitration Location