WallBase: Terms Of Use

In various places on the WallBase Sites, we collect “Personally Identifiable Information,” such as your name, age, gender, postal address, telephone number, e-mail address, credit card information, or other information that can be used to contact you or identify you as an individual. For example, we collect this information when you register for membership and special services (e.g., the Print Program), sign up for e-mail newsletters and purchase products or services. From time to time in the future we may offer additional features, services, and promotional opportunities that would require you to submit Personally Identifiable Information to participate.

We also collect “Anonymous Information” such as your IP address, the type of browser you use, the pages on our Sites that you have visited, and the advertisements that you have clicked on. Your Personally Identifiable Information is linked to your Anonymous Information.

Like many Internet sites, we also use “cookies” to collect information. A cookie is a small data file that we transfer to your computer and is stored on your hard drive. When you visit our Site(s) the cookie identifies your computer to us so that you do not have to re-register each time you visit. We may also use cookies to measure the traffic to our Sites and the use of different services and features of the Sites. Advertisers that appear on the WallBase Sites may place cookies on your computer and their use of the information stored on those cookies is subject to their own privacy policies. You should visit their sites to learn about their information practices. Advertisers or other companies do not have access to WallBase cookies.

We do not intend that children will use our sites. We do not solicit or knowingly collect information from children under 13 years old, nor will we accept registration from them.

We use Personally Identifiable Information that you provide to communicate with you, to process orders for products and services, to customize advertising and content available on the WallBase Sites, to conduct research for internal purposes and to use such information to improve our services and the WallBase Sites. If you have uploaded Artist Materials pursuant to the Submissions Agreement, you have also authorized WallBase to use your name and biographical materials publicly for advertising and promotional purposes.

If you so choose, we will also use it to send you information about products and services that may be of interest to you. Later on in this Privacy Policy, we provide you with more information on what choices you have.

We use information that is not personally identifiable to determine how people use our web site and its services. For example this data tells us information including how often users click on our advertisements, which files are downloaded most frequently, and which areas of our site are the most popular. Analyzing this data allows us to improve the offerings on and performance of our site(s). Using your IP address, we can also determine the general physical location of a user and may at times use this information to better target advertising to users.

Except as noted below, WallBase does not share your Personally Identifiable Information with third parties unless you give us your permission or we need to share such information in order to provide products or services you have requested. For example, we use third parties to help with some of the products and services available on our site, such as processing payments and fulfilling orders for products through the WallBase Shop. We also engage third parties to assist us by tracking the number of visitors to the Sites that have "clicked-through" from specified promotions on third party sites and those visitors' activities on the WallBase Site. When we supply personally identifiable information to these third parties, we require them to use it only for the function they are helping us with.

When you see parts of our site with a prominent brand of another company, information you supply (or authorize for use) in that part of the site will be shared with the other company that is cooperating in providing the service. Please visit that company’s site to learn more about their information practices.

We aggregate the Anonymous Information that we collect and exchange it with advertisers and others who are interested in our services.

We will disclose Personally Identifiable Information when required by law or under the good-faith belief that such disclosure is necessary in order to conform to applicable law, comply with subpoenas, court orders or legal process served on WallBase, to establish or exercise our legal rights or defend against legal claims, and to protect the property or interests of WallBase its agents and employees, personal safety, or the public. Under such circumstances, WallBase may be prohibited by law, court order or other legal process from providing notice of the disclosure, and WallBase reserves the right to not provide such notice in its sole discretion. If we become part of another organization, including without limitation, by merger, change of control, sale of assets, or other acquisition, the acquiring organization will obtain and have access to the Personally Identifiable Information collected by WallBase and it will assume the rights and obligations regarding your Personally Identifiable Information as described in this Privacy Policy. If we cease operation, your information may be transferred to and used by another company that offers similar or related products or services. While we cannot predict a great deal about such an unlikely event, we would hope this could provide you continuity of service.

When you register for membership at the WallBase Site, you have the option of checking a box to tell us that you do not want us to send you our email newsletter. You may also opt out of an automatic logging process that associates your Personally Identifiable Information with your recent page views. We will keep track of your decisions in our database.

Even if you choose not to receive information from us, we reserve the right to communicate with you on matters we consider especially important.

You may review the Personally Identifiable Information we have on file by logging in and clicking the Settings & Profile tab on your user page. Once there, there you may modify information that is incorrect and delete certain information from your profile. You can also change your permission for us to send you e-mail newsletters.

To delete your Personally Identifiable Information, you must manually change your data fields to null values. Otherwise, your data is retained indefinitely. Please note that the public comments made by a user in a chat room or a forum cannot be deleted. Data related to transactions for products and services through the WallBase Shop is retained indefinitely. Moreover, since, Anonymous Information is not identifiable as originating with you, it cannot be reviewed or changed by you.

We may change this policy from time to time. While we will usually indicate major changes by notice on our site, please check here from time to time to see if there is a revised policy posted.

If you register as a member of the WallBase Sites and make postings to chat rooms, forums or your user page, please remember that anything you post is publicly available. The user name you have chosen during the registration process is visible to all users of the Site. If you visit another member’s user page, your user name will appear on that page. Your user page will also show certain statistics regarding your use of the Site, such as the date you became a member, how long ago you last visited the Site, the categories of materials you have posted. Your user profile, and the information you choose to include in your profile, will also be available to other users of our chat rooms, forums and to visitors that access your personal user page. WallBase does not control, and is not responsible for, the use of any information or content that you have exposed to the public through your use of the WallBase Sites.

During sessions in which you give us information such as credit card numbers, we encrypt your transmissions using SSL (“Secure Sockets Layer”) technology. We keep the Personally Identifiable Information you provide on servers that are protected by firewalls and other technological means against intrusion or unauthorized access. They are located in a physically secure facility, and only our employees and agents with a need to know the information are given access. While no amount of security can give a perfect guarantee, you can have a high degree of confidence that the personally identifiable information you give us is protected from unauthorized access and use. We rely on you to select passwords that cannot be guessed easily and to safeguard those passwords from disclosure. Please contact us if you have any information regarding unauthorized use of the WallBase sites.

We may update this Privacy Policy from time to time as our services change and expand. If we update this Privacy Policy, we will notify you about significant changes by sending a notice to the email address specified in your account or by posting a notice of such changes on the WallBase Sites. Unless otherwise provided, the revised terms will take effect on the date they are posted. Once such changes become effective, your continued use of the Site will signify your acceptance of the new Privacy Policy. If you do not agree to the terms of this Privacy Policy, or any revised Privacy Policy, your sole and exclusive remedy is to discontinue using the Site.

If you have questions about this Statement or our policies, please contact us: support@wallbase.org

This Service is provided by WallBase on an "AS IS" and "AS AVAILABLE" basis and WallBase reserves the right to modify, suspend or discontinue the Service, in its sole discretion, at any time and without notice. You agree that WallBase is and will not be liable to you for any modification, suspension or discontinuance of the Service.

WallBase has a firm commitment to safeguarding your privacy. Please review WallBase Privacy Policy above. The terms of WallBase privacy policy are incorporated into, and form a part of, these Terms.

All brand, product and service names used in this Service which identify WallBase or third parties and their products and services are proprietary marks of WallBase and/or the relevant third parties. Nothing in this Service shall be deemed to confer on any person any license or right on the part of WallBase or any third party with respect to any such image, logo or name.

WallBase is, unless otherwise stated, the owner of all copyright and data rights in the Service and its contents. Individuals who have posted works to WallBase are either the copyright owners of the component parts of that work or are posting the work under license from a copyright owner or his or her agent or otherwise as permitted by law. You may not reproduce, distribute, publicly display or perform, or prepare derivative works based on any of the Content including any such works without the express, written consent of WallBase or the appropriate owner of copyright in such works. WallBase does not claim ownership rights in your works or other materials posted by you to WallBase (Your Content). You agree not to distribute any part of the Service other than Your Content in any medium other than as permitted in these Terms of Service or by use of functions on the Service provided by us. You agree not to alter or modify any part of the Service unless expressly permitted to do so by us or by use of functions on the Service provided by us.

WallBase respects the intellectual property rights of others and expects users of the Service to do the same. At WallBase, discretion and in appropriate circumstances, WallBase may remove Your Content submitted to the Site, terminate the accounts of users or prevent access to the Site by users who infringe the intellectual property rights of others. If you believe the copyright in your work or in the work for which you act as an agent has been infringed through this Service, please contact WallBase agent for notice of claims of copyright infringement, Kenneth H who can be reached through violations@wallbase.org. You must provide our agent with substantially the following information, which WallBase may then forward to the alleged infringe (see 17 U.S.C. 512 ©(3) for further details):

WallBase may provide links to third-party websites or resources. You acknowledge and agree that WallBase is not responsible or liable for: the availability or accuracy of such websites or resources; or the Content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by WallBase of such websites or resources or the Content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

As a convenience, we may make third-party software available through the Service. To use the third-party software, you must agree to the terms and conditions imposed by the third party provider and the agreement to use such software will be solely between you and the third party provider. By downloading third party software, you acknowledge and agree that the software is provided on an "AS IS" basis without warranty of any kind. In no event shall WallBase be liable for claims or damages of any nature, whether direct or indirect, arising from or related to any third-party software downloaded through the Service.

You agree that you shall not interfere with or disrupt (or attempt to interfere with or disrupt) this Service or servers or networks connected to this Service, or to disobey any requirements, procedures, policies or regulations of networks connected to this Service; or provide any information to WallBase that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose. WallBase does not endorse any content placed on the Service by third parties or any opinions or advice contained in such content. You agree to defend, indemnify, and hold harmless WallBase, its officers, directors, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and expert fees, arising out of or in any way connected with your access to or use of the Services, or your violation of these Terms.

WALLBASE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED AS TO THE OPERATION OF THE SERVICE, OR THE CONTENT OR PRODUCTS, PROVIDED THROUGH THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. WALLBASE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW. WALLBASE MAKES NO WARRANTY AS TO THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SERVICE. YOU SPECIFICALLY ACKNOWLEDGE THAT WALLBASE IS NOT LIABLE FOR YOUR DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT, OR SUCH CONDUCT BY THIRD PARTIES, AND YOU EXPRESSLY ASSUME ALL RISKS AND RESPONSIBILITY FOR DAMAGES AND LOSSES ARISING FROM SUCH CONDUCT. EXCEPT FOR THE EXPRESS, LIMITED REMEDIES PROVIDED HEREIN, AND TO THE FULLEST EXTENT ALLOWED BY LAW, WALLBASE SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF WALLBASE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON CERTAIN WARRANTIES OR DAMAGES. THEREFORE, SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL DEVIANTART'S AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNTS PAID BY YOU TO WALLBASE PURSUANT TO THIS AGREEMENT.

We reserve the right to amend these Terms from time to time in our sole discretion. If you have registered as a member, we shall notify you of any material changes to these Terms (and the effective date of such changes) by sending an email to the address you have provided to WallBase for your account. For all other users, we will post the revised terms on the Site. If you continue to use the Service after the effective date of the revised Terms, you will be deemed to have accepted those changes. If you do not agree to the revised Terms, your sole remedy shall be to discontinue using the Service.

All Files Submitted Here Are Done By An Author With Copyright On The File. (Unless Stated Otherwise)

By Downloading Any File From Our Downloads System, You Are Agreeing To Our Board Guidelines Along With Terms And Conditions Of The File Usage.
The File May Be Used As According To The Author's Permissions And Has Copyright Laws On The File. Any Dispute With Copyright Will Be Taken Up With The Author.

By downloading any file on wallbase.org you are doing so on your own free will. You assume all responsibilities and problems that could occur by doing so.

WallBase.org will not be held liable for any damages as a result of a file you downloaded. This includes, but is not limited to unsupported files, non-functional files, deceptive files, virus's or spyware that could be included in files.
WallBase.org does it's best to ensure the safety of our members. We also strive to make sure that no files on our server contain any virus's or spyware and are in good working order.
However, as with all things on the net you are taking a risk by downloading anything. Download all files at your own risk.

To register as a member of the Service or purchase products, you must be 18 years or lawfully permitted to enter into and form contracts under applicable law. In no event may minors submit Content to the Service. You agree that the information that you provide to us upon registration, at the time of purchase, and at all other times will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. This is especially important with respect to your email address, since that is the primary way in which we will communicate with you about your account and your orders.

When you register as a member you will be asked to provide a password. You are responsible for safeguarding the password and you agree not to disclose your password to any third party. You agree that you shall be solely responsible for any activities or actions under your password, whether or not you have authorized such activities or actions. You shall immediately notify WallBase of any unauthorized use of your password.

• Chat Rooms and Forums - As a registered member of the Service, you will be granted the privilege of participating in chat rooms and forums on the deviantART website as part of the Service, which means you may post Your Content in the form of text for display in these areas of the WallBase website, subject to your compliance with the Terms.

• Artist Materials - As a registered member of the Service, you will also be granted the privilege of submitting certain types of Your Content, known as "Artist Materials," for display on your user page. Prior to submitting Artist Materials, you must accept the additional terms and conditions of the Submission Policy Below, which is incorporated into, and forms a part of, the Terms.

WallBase does not claim ownership rights in Your Content. For the sole purpose of enabling us to make your Content available through the Service, you grant to WallBase a non-exclusive, royalty-free license to reproduce, distribute, re-format, store, prepare derivative works based on, and publicly display and perform Your Content. Please note that when you upload Content, third parties will be able to copy, distribute and display your Content using readily available tools on their computers for this purpose although other than by linking to your Content on WallBase any use by a third party of your Content could violate paragraph 4 of these Terms and Conditions unless the third party receives permission from you by license.

WallBase has no ability to control the Content you may upload, post or otherwise transmit using the Service and does not have any obligation to monitor such Content for any purpose. You acknowledge that you are solely responsible for all Content and material you upload, post or otherwise transmit using the Service.

At this time, WallBase provides free online storage of Your Content to registered members of the Service. However, you acknowledge and agree that WallBase may, at its option, establish limits concerning your use of the Service, including without limitation the maximum number of days that Your Content will be retained by the Service, the maximum size of any Content files that may be stored on the Service, the maximum disk space that will be allotted to you for the storage of Content on WallBase servers. Furthermore, you acknowledge that WallBase reserves the right to terminate or suspend accounts that are inactive, in WallBase sole discretion, for an extended period of time (thus deleting or suspending access to your Content). Without limiting the generality of Section 9, WallBase shall have no responsibility or liability for the deletion or failure to store any Content maintained on the Service and you are solely responsible for creating back-ups of Your Content. You further acknowledge that WallBase reserves the right to modify its storage policies from time to time, with or without notice to you.

You are responsible for all of Your Content you upload, download, and otherwise copy, distribute and display using the Service. You must have the legal right to copy, distribute and display all parts of any content that you upload, download and otherwise copy, distribute and display. Content provided to you by others, or made available through websites, magazines, books and other sources, are protected by copyright and should not be uploaded, downloaded, or otherwise copied, distributed or displayed without the consent of the copyright owner or as otherwise permitted by law.

You agree not to use the Service:

You agree that WallBase may at any time, and without notice, suspend or terminate any part of the Service, or refuse to fulfill any order, or any part of any order or terminate your membership and delete any Content stored on the WallBase Site, in WallBase sole discretion, if you fail to comply with the Terms or applicable law.