Screensavers.com

SCREENSAVERS.COM TERMS OF USE

This end user license agreement (the "Terms of Use") is a legal agreement between you, the "user," and Screensavers.com. Use of the Screensavers.com features and services, as described herein, requires that you agree to these Terms of Use. By using the Screensavers.com website or services, and/or by downloading content from Screensavers.com (collectively, the "Screensavers Services") you do hereby agree to be legally bound by these Terms of Use.

Screensavers.com ("Screensavers") may, at its discretion, add, delete, or modify these Terms of Use without notice and it is the responsibility of the user to check these Terms of Use before using new products or services or downloading new content.

If you do not wish to be bound by the Screensavers Terms of Use you may elect to navigate off the Screensavers.com website prior to using or downloading Screensavers Services.

The Installer

Screensavers.com is a website that provides users with free, high quality media content including, but not limited to, screensavers, wallpapers and ringtones. The Screensavers Installer (the "Installer") is the vehicle by which content, including screensavers and wallpapers, is downloaded from Screensavers to the user's computer; it is a necessary component to downloading and correctly installing Screensavers content and will be installed with content the user chooses to download.

The Installer's only purpose is to facilitate installation of Screensavers content that the user actively chooses to download; no advertising is delivered or personal information collected through the Installer.

The Installer takes up very little hard drive space and can be easily uninstalled by going to Control Panel > Add/Remove, then highlighting the "Screensavers Installer" and clicking "Change/Remove."

For detailed uninstallation instructions for the Installer, click here.

By downloading any content from Screensavers you hereby agree to having the Installer downloaded to your computer.

License, Non-Commercial Use

Screensavers grants to you a nonexclusive license to download this copyrighted Installer software for your personal and non-commercial use. Screensavers may, at any time, change, update, modify and/or terminate any part of the Installer or your use of it.

You may not make or distribute copies of the Installer software, or electronically transfer such from one computer to another or over a network. Nor shall you copy, modify, display, license, distribute, transmit, re-post, or download any part of the Installer for commercial use without Screensavers' written consent.

Software Shortcut

If you choose to download content from Screensavers you hereby agree to having one software shortcut placed on your desktop. Should you be interested in and use the shortcut and/or software, Screensavers SHALL NOT BE LIABLE OR RESPONSIBLE FOR YOUR VIEWING, CORRESPONDENCE, TRANSACTIONS, BUSINESS DEALINGS OR FOR ANY PERSONAL INFORMATION YOU MAY CHOOSE TO SHARE WITH ASSOCIATED THIRD PARTIES INCLUDING, WITHOUT LIMITATION, PAYMENT AND DELIVERY OF GOODS OR SERVICES, OR ANY OTHER TERMS, CONDITIONS, WARRANTIES OR REPRESENTATIONS ASSOCIATED WITH SUCH DEALINGS, WHICH ARE SOLELY BETWEEN YOU AND ASSOCIATED THIRD PARTIES. YOU HEREBY UNDERSTAND AND AGREE THAT Screensavers IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF SUCH DEALINGS, OR AS THE RESULT OF THE DELIVERY OR DISPLAY OF THE SOFTWARE SHORTCUT.

Personal Information

Certain offers, products or services of Screensavers may require the user to submit personal information before gaining access to content or other products or services. Certain other products or features may require user information in order to be functional. By providing any such information to Screensavers.com and by continuing to use such Screensavers Services, after having an opportunity to review these Terms of Use, you agree to accept all uses of personal information as outlined herein.

You hereby authorize Screensavers.com to collect, store and use any and all personal information described by the preceding paragraph in order to more effectively display promotional material, information and advertising. Without limiting the foregoing, you additionally authorize Screensavers.com to collect, store and use personal information in accordance with terms of the Screensavers.com Privacy Policy, available here.

Except as otherwise provided for herein, we do not and will not sell, rent, loan or share any personal information we collect with any other third party unless otherwise expressly authorized or requested by you.

In addition, you may choose to share personal information with third parties that link or advertise at or through Screensavers.com. YOU ACKNOWLEDGE AND AGREE THAT SCREENSAVERS.COM SHALL NOT, IN ANY WAY, BE LIABLE OR RESPONSIBLE FOR THE USE OF PERSONAL INFORMATION SHARED BY YOU WITH ANY SUCH THIRD PARTY.

Screensavers.com shall use its best efforts to ensure the security of transfer and storage of any Personal Information it collects.

Privacy

You acknowledge and agree that you have reviewed, understand, and agree to be bound by all of the terms and provisions of the Screensavers.com Privacy Policy. Your use of the Screensavers Services is expressly conditioned upon such acknowledgment and agreement. To view the Screensavers Privacy Policy click here.

Intellectual Property

You acknowledge that Screensavers and/or third party affiliates own all rights, title and interest in all materials provided through the Screensavers Services and to all software portions thereof including, without limitation, all Intellectual Property Rights. "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You agree not to modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any portion of the Screensavers Services or the Installer.

All of the materials provided through the Screensavers Services are protected by the copyright laws of the U. S. and other countries. You are only allowed to use these materials as indicated on the Screensavers.com website; other uses are prohibited by copyright laws. You agree to not remove, obscure, or alter Screensavers' or any third party's copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Screensavers Services.

All of the materials provided through the Screensavers Services may be viewed only in conjunction with the Screensavers Services. You may not copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any copyrighted material in any format, electronic or otherwise.

Disclaimer of Warranties

  1. YOU AGREE THAT THE USE OF Screensavers Services IS ENTIRELY AT YOUR OWN RISK. THE Screensavers Services, INCLUDING THE Installer AND THE SCREENSAVERS.COM WEBSITE, ARE PROVIDED FREE OF CHARGE, ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. ALSO, TO THE FULLEST EXTENT PERMITTED BY LAW, Screensavers DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE Screensavers Services. TO THE FULLEST EXTENT PERMITTED BY LAW, Screensavers DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON SCREENSAVERS.COM OR THROUGH ANY LINKS PROVIDED BY THE Screensavers Services, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE Screensavers Services OR THROUGH ANY LINKS PROVIDED VIA Screensavers Services. NEITHER Screensavers NOR ANY THIRD-PARTY CONTENT PROVIDER MAKES ANY WARRANTY WITH RESPECT TO ANY CONTENT, INFORMATION, SERVICES, OR PRODUCTS PROVIDED THROUGH OR IN CONJUNCTION WITH SCREENSAVERS.COM WEBSITE OR THE Screensavers Services.
  2. Screensavers MAKES NO IMPLIED OR EXPRESS REPRESENTATIONS OR WARRANTIES ABOUT THE RELIABILITY, OR ACCESSIBILITY OF THE Screensavers Services.
  3. Screensavers and other providers of licensed content make no guarantee of the accuracy, correctness, or completeness of any information provided through the Screensavers Services, including any provided on the Screensavers.com website, and are not responsible for:
    1. Any errors or omissions arising from the use of such information;
    2. Any failures, delays, or interruptions in the delivery of any content or services contained within Screensavers.com; or
    3. Losses or damages arising from the use of the content or services provided by Screensavers.com.
  4. Screensavers is not responsible for the delivery of any goods or services sold or advertised through Screensavers.com sponsors, advertisers, link partners, or affiliate program pages.
  5. Screensavers is not responsible for any content displayed on websites operated by Screensavers.com sponsors, advertisers, link partners, or affiliate program pages.

Limitation of Liability

YOU HEREBY AGREE THAT Screensavers AND THE PROVIDERS OF LICENSED CONTENT ASSOCIATED WITH Screensavers ARE NOT LIABLE FOR YOUR CONDUCT IN ASSOCIATION WITH SCREENSAVERS OR THE Screensavers Services.

UNDER NO CIRCUMSTANCES SHALL Screensavers BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF, OR RELIANCE ON, SCREENSAVERS OR THE Screensavers Services, INCLUDING THE Installer AND THE SCREENSAVERS.COM WEBSITE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE AND EXEMPLARY DAMAGES (EVEN IF Screensavers HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF, OR RELIANCE ON, THE Screensavers Services, FROM INABILITY TO USE Screensavers Services, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF SCREENSAVERS OR Screensavers Services (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON SCREENSAVERS.COM OR RECEIVED THROUGH ANY LINKS PROVIDED ON SCREENSAVERS.COM, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON SCREENSAVERS.COM OR RECEIVED THROUGH ANY LINKS PROVIDED ON SCREENSAVERS.COM. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF Screensavers Services OR ANY OTHER PRODUCTS, SERVICES, INFORMATION, OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO Screensavers Services. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnity and Release

You agree to indemnify Screensavers and any providers of licensed content against any and all claims and expenses, including attorneys' fees, arising from your use of Screensavers Services. This includes, without limitation your responsibility for any and all liability arising from the violation or infringement of proprietary rights, copyrights, trademarks, or service-marks.

By using Screensavers Services you hereby agree to release Screensavers and its affiliates, officers, and employees from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or Screensavers products and services. You hereby agree to waive all laws that may limit the efficacy of such releases.

Choice of Law

This Agreement shall be constructed and controlled by the laws of the State of New York, without regard to its conflict of law provisions. Any dispute arising hereunder will be governed by the laws of the State of New York. You agree to personal jurisdiction by the state and federal courts of the State of New York.

Merger Clause

These Terms of Use constitute the entire agreement between the parties with respect to the subject matter contained herein and supersede any other agreement, proposals and communications, written or oral, between you and Screensavers representatives with respect to the subject matter hereof.

Enforceability

If, for any reason, a court of competent jurisdiction finds any provision or portion of these Terms of Use to be unenforceable, the remainder of these Terms of Use will continue in full force and effect.

Waiver

Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by Screensavers.

Questions or Comments

All questions concerning these Terms of Use shall be directed to Screensavers.com at the address below. Additionally, if you have comments about Screensavers.com or other Screensavers Services, or if you have ideas on how to improve them, please contact Customer Support.

Screensavers.com
143 Varick Street
New York, NY 10013
customerservice@screensavers.com.

Please note that by sharing your ideas, you also grant Screensavers and third parties permission to use and/or incorporate your ideas or comments without further compensation.

Updated January 12, 2007
©2007 Screensavers.com. All rights reserved.