Terms and Conditions

Please note:

All desktops featured on Desktoptopia and desktoptopia.com are the property of the submitting artist and are subject to end-user usage restrictions. 

By agreeing to the terms of use for this site, you acknowledge that you are also liable for the usage restrictions and legal obligations applicable to the products and content you purchase, license, or otherwise download from this site. Please read these Terms before using any product or content from desktoptopia.com.

Contribution Agreement:

By submitting desktop(s) to Desktoptopia, artist grant Desktoptopia non-exclusive rights to all and any usages, including but not limited to the right to; bundle, sell, license, sublicense, export, transfer, loan, rent, lease, assign, share, outsource, host, publish, distribute, display, part with possession or make available to any person, the Desktop, or any part thereof.

Your Acceptance of this Legally Binding Agreement

IMPORTANT: BY USING OR ACCESSING THE DESKTOPTOPIA.COM WEB SITE AND THE INFORMATION, MATERIAL, PRODUCTS OR SERVICES PROVIDED THEREIN BY DESKTOPTOPIA YOU AGREE TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.

If you do not agree with the terms and conditions of this Agreement, do not use Desktoptopia or access the desktoptopia.com web site or information, material, products or services provided therein. This Agreement is between you (“You”) and Desktoptopia and is effective as at the date of your first use Desktoptopia or access the desktoptopia.com web site.

You further agree that Desktoptopia may change, alter, amend or replace all or any part of this Agreement at any time, that such changes, alterations, amendments or replacements shall be effective as of the time of posting. Desktoptopia will provide notice on the desktoptopia.com web site of any material changes made to this Agreement and your continued use of the web site after the time of posting of such notice will constitute evidence of your acceptance of the changed, altered, amended or replaced Agreement. You further agree to regularly review this Agreement for such changes, alterations, amendments or replacements. If you do not agree with the changed, altered, amended or replaced Agreement, do not use Desktoptopia or access the desktoptopia.com web site or information, material, products or services provided therein.

Ownership of Content and Intellectual Property Protection

You acknowledge and agree that any and all information, material, products and services, including data, databases, graphics, text, files, software, interfaces, web pages, product names, company names, trademarks, logos and trade names contained on the desktoptopia.com web site (collectively the “Content”), including the manner in which the Content is presented or appears and all information relating thereto, are the property of Desktoptopia, its licensors or third parties, as indicated.

Content found on the desktoptopia.com web site is protected under patent, copyright, trademark, proprietary or other intellectual property laws of Canada, the United States and other applicable jurisdictions, and any unauthorized use of such Content may violate such laws or this Agreement. Except as expressly provided herein, no license under any patents, copyright, trademark, proprietary or other intellectual property right is granted or implied by granting access to the Content.

Content may be provided by a third party (“Third Party Content”). Desktoptopia offers no guarantees and assumes no responsibility or liability of any type with respect to Third Party Content, including any liability resulting from incompatibility between Third Party Content and Content provided by Desktoptopia. You agree that you will not hold Desktoptopia responsible or liable with respect to Third Party Content or seek to do so. 

License to Content

You are provided with a limited, personal, non-transferable, non-exclusive license to access, view, read, download and use one copy of the Content, except for Third Party Content and Content that is indicated for sale or that is indicated for distribution pursuant to a separate license agreement (the “Products”). Except as otherwise provided herein or in another written agreement with Desktoptopia or its Licensors, you may access, view, read, download and print the Content (excluding the Third Party Content and Products) subject to the following conditions:

1.    You may use the Content solely for personal, informational, and internal purposes;
 
2.    You may not bundle, sell, license, sublicense, export, transfer, loan, rent, lease, assign, share, outsource, host, publish, distribute, part with possession or make available to any person, the Content, or any part thereof;
 
3.    You may not copy, edit, modify, adapt, create derivative works, translations, adaptations or arrangements, republish, transmit, merge, reverse engineer, decompile or disassemble the Content, or any part thereof;
 
4.    You may not use the Content, or any part thereof, or output therefrom, for the direct benefit of any third party, nor shall you charge or receive, either by direct or indirect payment, or by trade of service, compensation, or fees from any third party, for the use of the Content or output therefrom;
 
5.    You may not alter, remove, or destroy any proprietary markings, or confidentiality legends, or notices placed on, or contained within, the Content; or
 
6.    You shall not permit, allow or do anything that would infringe or otherwise prejudice the proprietary rights of Desktoptopia or its licensors or allow any third party to access the Content.

Desktoptopia reserves the right to revoke the authorization to access, view, read, download and print the Content available on the web site at any time and for any reason, and any such use shall be discontinued immediately without notice from Desktoptopia. The rights granted to you herein constitute a license and not a transfer of title.

Collection and Use of Information About You

Desktoptopia may from time to time monitor your use of the desktoptopia.com web site and collect, store, use and disclose information about you. See our privacy policy for specific details with respect to our collection, storage, use and disclosure of information about you. You hereby consent to such collection, storage, use and disclosure and waive any right of privacy that you may have. You may, at any time, request access to, correct and delete personal information about you stored by Desktoptopia by contacting Desktoptopia at support@desktoptopia.com

Disclaimer of Warranties

All Content is provided “as is” without any warranties of any kind. You understand and agree that the use of the Content is at your sole risk.

DESKTOPTOPIA MAKES NO REPRESENTATIONS WITH RESPECT TO ANY CONTENT, INCLUDING PRODUCTS, SERVICES AND SOFTWARE AND, TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, GUARANTEES AND CONDITIONS OF ANY KIND, EXPRESS AND IMPLIED, REGARDING THE CONTENT (INCLUDING PRODUCTS, SERVICES AND SOFTWARE), INCLUDING WITHOUT LIMITATION, ALL REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS REGARDING ACCURACY, TIMELINESS, COMPLETENESS, CURRENTNESS, AVAILABILITY, EFFECTIVENESS, NON-INFRINGEMENT, SECURITY, PRIVACY, TITLE, USEFULNESS, SUITABILITY, QUALITY, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. FURTHER, DESKTOPTOPIA MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT (INCLUDING PRODUCTS, SERVICES AND SOFTWARE) WILL BE SATISFACTORY TO YOUR NEEDS, MEET YOUR EXPECTATIONS, OR BE UNINTERRUPTED, TIMELY, ACCURATE, SECURE OR FREE FROM ERRORS.

Limitation of Liability

Desktoptopia assumes no responsibility to you or any third party for the consequences of any inaccuracy, error or omission on the web site, regardless of cause.

DESKTOPTOPIA, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS OR EMPLOYEES, SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGE OR LOSS OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OF, OR THE INABILITY TO USE, THE DESKTOPTOPIA.COM WEB SITE OR ANY CONTENT (INCLUDING PRODUCTS, SERVICES AND SOFTWARE) PROVIDED THEREIN, OR ARISING OUT OF OR RELATING TO THE USE OF ANY WEB SITE LINKED HERETO, INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS, LOST OPPORTUNITIES, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, AGGRAVATED, ECONOMIC OR CONSEQUENTIAL DAMAGE, EVEN IF DESKTOPTOPIA IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS OR OF A CLAIM BY ANOTHER PARTY.

ALTHOUGH DESKTOPTOPIA TAKES PRECAUTIONS TO PROTECT PERSONAL AND CONFIDENTIAL INFORMATION, THERE IS NO GUARANTEE, AND DESKTOPTOPIA MAKES NO REPRESENTATION OR WARRANTY, THAT PERSONAL AND CONFIDENTIAL INFORMATION TRANSMITTED TO OR FROM OR STORED ON THE DESKTOPTOPIA.COM WEB SITE, OR TRANSMITTED OVER THE INTERNET GENERALLY, WILL BE MAINTAINED CONFIDENTIAL AND SECURE. DESKTOPTOPIA ASSUMES NO LIABILITY OR RESPONSIBILITY PERTAINING TO THE RECEIPT, STORAGE, TRANSMISSION OR OTHER USE OF PERSONAL OR CONFIDENTIAL INFORMATION PROVIDED BY YOU TO DESKTOPTOPIA, UNLESS OTHERWISE PROVIDED IN A WRITTEN AGREEMENT BETWEEN YOU AND DESKTOPTOPIA.

IN NO EVENT SHALL DESKTOPTOPIA, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS OR EMPLOYEES, BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGE OR LOSS OF ANY KIND ARISING OUT OF OR RELATING TO EVENTS BEYOND THE REASONABLE CONTROL OF DESKTOPTOPIA, INCLUDING VIRUSES, FAILED OR UNDELIVERED MESSAGES, THE CORRUPTION OF DATA, TRANSMISSION ERRORS, INTERNET SERVICE PROVIDERS, LINKS TO AND THIRD PARTY WEB SITES AND THIRD PARTY CONTENT (INCLUDING PRODUCTS AND SERVICES), EVEN IF DESKTOPTOPIA IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS OR OF A CLAIM BY ANOTHER PARTY.

DESKTOPTOPIA, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, AND THEIR RESPECTIVE DIRECTORS AND EMPLOYEES CUMULATIVE TOTAL LIABILITY FOR ANY DAMAGE OR LOSS THAT YOU MAY SUFFER FROM ANY CAUSE WHATSOEVER (INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, TORT, NEGLIGENCE, GROSS NEGLIGENCE, OR OTHERWISE) SHALL BE LIMITED TO THE AMOUNT, IF ANY, PAID BY YOU TO DESKTOPTOPIA IMMEDIATELY PRECEDING THE TIME THAT THE DAMAGES OR LOSS FIRST OCCURRED. YOU ACKNOWLEDGE THAT DESKTOPTOPIA’S PRICING REFLECTS THIS ALLOCATION OF RISK AND THE LIMITATION OF LIABILITY SPECIFIED IN THIS AGREEMENT.

Indemnification

You agree to indemnify, defend, and hold Desktoptopia Incorporated, its affiliates, agents, licensors, suppliers, or their respective directors or employees, harmless against any and all actions, claims, costs, damages, demands, liabilities, proceedings, expenses or loss of any kind (including legal and other fees and disbursements) sustained, incurred or paid by Desktoptopia arising out of the access to or use of the desktoptopia.com web site or any Content (including Products and services and Third party Content) contained in or on the web site.

User Acknowledgements

You acknowledge and agree that inherent in the procurement, compiling, collecting, interpreting, reporting, communicating, delivering and inputting digitally of the Content, there will be a degree of error which cannot be avoided even with standards of quality control which exceed industry standards. You further acknowledge that Third Party Content is provided by third parties and that Desktoptopia cannot control such content. 

Your Account

You acknowledge and agree that the account provided by Desktoptopia to you so that you may access, utilize or otherwise enjoy the web site, and the password selected by and used by you in conjunction with the account to access, utilize or otherwise enjoy the web site, are to be kept secret and confidential. You shall not disclose your account information, including your account number, account name, or password to any other party without the express written permission of Desktoptopia. You further acknowledge and agree that you will be responsible for each and every access, use or enjoyment of the Content that occurs in conjunction with the account and password given to you by Desktoptopia, and that Desktoptopia is authorized to accept the account information and password as conclusive evidence that you have accessed, utilized, or otherwise enjoyed the Content.

You acknowledge and agree that you are fully responsible for maintaining the confidentiality of your account information, including your account number, account name, and/or password, if applicable. You acknowledge and agree that you are responsible for damages and repercussions resulting from all uses of your account, whether actually or expressly authorized by you. If you suspect you are being impersonated, contact support@desktoptopia.com immediately. Desktoptopia reserves the right to disclose any information, including registration data, in order to comply with any applicable laws and/or government requests for the protection of Desktoptopia and its members.

Restricted Access

You agree that you will not attempt to enter restricted areas of Desktoptopia’s computer system or perform functions that you are not authorized to perform pursuant to this Agreement. Desktoptopia may, without notice, temporarily or permanently suspend your access to the web site and the Content by deactivating your account or password if Desktoptopia reasonably suspects that you are using the account or password to obtain unauthorized access to Desktoptopia’s other systems or information, or are using the account or password in any other inappropriate manner. These suspensions will be for a period of time necessary to permit the thorough investigation of such suspended activity. Desktoptopia may terminate this Agreement immediately without notice if it is determined that you have undertaken such unauthorized activity or if such unusual activity cannot be reasonably explained.

Amendments to the Web Site

You agree and acknowledge that Desktoptopia may modify any or all of the desktoptopia.com web site at any time and that the web site, including without limitation any sites associated thereto, may periodically be unavailable to you in order to allow for maintenance and updates.

Termination of this Agreement

This Agreement is effective until terminated by Desktoptopia, in its sole and absolute discretion. Desktoptopia may terminate this Agreement without notice to you and will do so if you use or attempt to use the web site or the Content therein in any manner contrary to the terms of this Agreement. Any such termination by Desktoptopia shall be in addition to and without prejudice to such rights and remedies as may be available to Desktoptopia, including the suspension or termination of your account or password and injunctive relief enjoining such acts or attempts, it being acknowledged by you that other legal remedies are inadequate.

The Ownership of Content and Intellectual Property Protection, Collection and Use of Information About You, Disclaimer of Warranties, Limitation of Liability, Indemnification, and Termination provisions of this Agreement shall survive the termination or expiry of this Agreement.

Trademark Information

The trademarks and logos (“Marks”) displayed on the desktoptopia.com web site are the property of Desktoptopia or other third parties. You are not permitted to use the Marks without the prior written consent of Desktoptopia or such third party that may own the Marks. Words used in type samples are for illustrative purposes only and do not imply endorsement or ownership. If actual names, companies, bands, and song titles are used, it’s in a spirit of tribute and free advertising.

Third Party Web Sites

This site links users to sites not maintained by Desktoptopia. You are advised that any use of a linked web site and any use of or reliance upon Third Party Content (including products and services) available at such sites is solely at your own risk. In providing links to the other sites, Desktoptopia is in no way acting as a publisher or disseminator of the material contained on those other sites and does not seek to monitor or control such sites. Desktoptopia cannot and does not make any representations or warranties with respect to any Third Party Content (including products and services) available through these links and disclaims all liability relating to your use of or reliance upon any Third Party Content (including products and services) available at or through such sites and disclaims any opinions expressed on such web sites. Links to other web sites or references to Third Party Content (including products and services) or publications other than those of Desktoptopia do not imply the endorsement or approval of such web sites, Third Party Content (including products and services) or publications by Desktoptopia.

General Legal Terms and Conditions

No delay or failure by Desktoptopia to exercise any right hereunder, and no partial or single exercise thereof, shall be deemed to constitute a waiver of such right, or any other rights hereunder. Any consent by Desktoptopia to or any waiver of, a breach of any express or implied term of this Agreement, shall not constitute a consent to, waiver of, or excuse of any subsequent or other breach of any express or implied term of this Agreement. No waiver, alteration, or modification by Desktoptopia of any of the provisions of this Agreement shall be binding unless in writing signed by a duly authorized representative of Desktoptopia against which enforcement of such waiver, alteration, or modification is sought. If any term, covenant, or condition of this Agreement, or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term, covenant, or condition to persons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby, and each term, covenant, or condition of this Agreement shall be valid, and be enforced to the fullest extent permitted by law.

This Agreement shall be interpreted and enforced in accordance with the laws of Alberta, Canada, without regard to the conflict of law principles applicable therein. Any claims or disputes whatsoever arising hereunder shall be submitted to the exclusive jurisdiction of the Federal Court of Canada and/or the courts of Alberta. The application of the UN Convention on Contracts for the International Sale of Goods, as amended, replaced or re-enacted from time to time, is expressly excluded.

International Users

The desktoptopia.com web site can be accessed from countries around the world and may contain references to Content, including products and services, that are not available in your country. These references do not imply that Desktoptopia intends to market, promote, or distribute such Content, including products and services, in your country.

The desktoptopia.com web site is controlled, operated, and administered by Desktoptopia from its offices within the United States of America and Canada. Desktoptopia makes no representation that the web site, or the Content available therein, are appropriate or available for use at other locations outside the United States and Canada, and access to the web site from countries or territories where the web site or any of its Contents are illegal is prohibited. If you access the web site from a location outside the United States or Canada, you are responsible for compliance with all local laws.

Contact Us

You may contact Desktoptopia, by e-mail at support@desktoptopia.com

Copyright Notice

Copyright © 2002-2006 Desktoptopia Incorporated. All rights reserved. No part of this work may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of Desktoptopia Incorporated.

Desktoptopia Privacy Policy

Desktoptopia provides this Privacy Policy to inform users of our policies and procedures regarding the collection, use and disclosure of personally identifiable information received from users of this website, located at www.desktoptopia.com ("Site" ) or collected through our social networking service, including via SMS, WAP and Instant Messaging ("Service" ). This Privacy Policy may be updated from time to time for any reason; each version will apply to information collected while it was in place. We will notify you of any material changes to our Privacy Policy by posting the new Privacy Policy on our Site. You are advised to consult this Privacy Policy regularly for any changes.

By using our Site you are consenting to our processing of your information as set forth in this Privacy Policy now and as amended by us. "Processing" means using cookies on a computer or using or touching information in any way, including, but not limited to, collecting, storing, deleting, using, combining and disclosing information, all of which activities will take place in the United States. If you reside outside the U.S. your personally identifiable information will be transferred to the U.S., and processed and stored there under U.S. privacy standards. By visiting our Site and providing information to us, you consent to such transfer to, and processing in, the US.

If you have any questions or comments about this Privacy Policy or our use of your personally identifiable information, please contact us at contact at desktoptopia dot com.

Information Collection and Use
Our primary goals in collecting personally identifiable information are to provide you with the product and services made available through the Site, including, but not limited, to the Service, to communicate with you, and to manage your registered user account, if you have one.

Information Collected Upon Registration. If you desire to have access to certain restricted sections of the Site, you will be required to become a registered user, and to submit certain personally identifiable information to Desktoptopia. This happens in a number of instances, such as when you sign up for the Service, or if you desire to receive marketing materials and information. Personally identifiable information that we may collect in such instances may include your IP address, full user name, password, email address, city, time zone, telephone number, and other information that you decide to provide us with, or that you decide to include in your public profile.

Additional Information Your full user name and your photo, if you decide to upload one, are displayed to people in the Desktoptopia network to enable you to connect with people on Desktoptopia, as specified in your privacy settings. Once a member, you may provide additional information in the profile section, including but not limited to your bio, your location, as well as your personal web site, if you have one. Providing additional information beyond what is required at registration is entirely optional, but enables you to better identify yourself and find new friends and opportunities in the Desktoptopia system. If you activate the mobile phone or Instant Messaging options per the Terms of Service at www.desktoptopia.com/tos, we will collect your cellular phone number and IM account information. You will receive notifications on your cellular phone or your IM account in a number of cases, such as when a Desktoptopia member adds you as a friend or sends you a message. If you contact us by email through the Site, we may keep a record of your contact information and correspondence, and may use your email address, and any information that you provide to us in your message, to respond to you.

Use of Contact Information In addition, we may use your contact information to market to you, and provide you with information about, our products and services, including but not limited to our Service. If you decide at any time that you no longer wish to receive such information or communications from us, please follow the unsubscribe instructions provided in any of the communications.

Log Data When you visit the Site, our servers automatically record information that your browser sends whenever you visit a website ("Log Data" ). This Log Data may include information such as your IP address, browser type or the domain from which you are visiting, the web-pages you visit, the search terms you use, and any advertisements on which you click. For most users accessing the Internet from an Internet service provider the IP address will be different every time you log on. We use Log Data to monitor the use of the Site and of our Service, and for the Site"™s technical administration. We do not associate your IP address with any other personally identifiable information to identify you personally, except in case of violation of the Terms of Service.

Cookies
Like many websites, we also use "cookie" technology to collect additional website usage data and to improve the Site and our service. A cookie is a small data file that we transfer to your computer"™s hard disk. We do not use cookies to collect personally identifiable information. Desktoptopia may use both session cookies and persistent cookies to better understand how you interact with the Site and our Service, to monitor aggregate usage by our users and web traffic routing on the Site, and to improve the Site and our services. A session cookie enables certain features of the Site and our service and is deleted from your computer when you disconnect from or leave the Site. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to the Site. Persistent cookies can be removed by following your web browser help file directions. Most Internet browsers automatically accept cookies. You can instruct your browser, by editing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit.

Information Sharing and Disclosure
Service Providers We engage certain trusted third parties to perform functions and provide services to us, including, without limitation, hosting and maintenance, customer relationship, database storage and management, and direct marketing campaigns. We will share your personally identifiable information with these third parties, but only to the extent necessary to perform these functions and provide such services, and only pursuant to binding contractual obligations requiring such third parties to maintain the privacy and security of your data.

Compliance with Laws and Law Enforcement Desktoptopia cooperates with government and law enforcement officials or private parties to enforce and comply with the law. We may disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims, legal process (including subpoenas), to protect the property and rights of Desktoptopia or a third party, the safety of the public or any person, to prevent or stop any illegal, unethical, or legally actionable activity, or to comply with the law.

Business Transfers Desktoptopia may sell, transfer or otherwise share some or all of its assets, including your personally identifiable information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy. You will have the opportunity to opt out of any such transfer if the new entity's planned processing of your information differs materially from that set forth in this Privacy Policy.

Changing or Deleting Information
If you are a registered user of the Site, you may access and update or correct the information you provided to us by e-mailing us at privacy at desktoptopia dot com.

Security
Desktoptopia is very concerned about safeguarding the confidentiality of your personally identifiable information. We employ administrative, physical and electronic measures designed to protect your information from unauthorized access.
We will make any legally-required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored personal data to you via email or conspicuous posting on this Site in the most expedient time possible and without unreasonable delay, consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.

Links to Other Websites
Our Site contains links to other websites. The fact that we link to a website is not an endorsement, authorization or representation of our affiliation with that third party. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit personally identifiable information from you. Other sites follow different rules regarding the use or disclosure of the personally identifiable information you submit to them. We encourage you to read the privacy policies or statements of the other websites you visit.

Our Policy Towards Children
The Site is not directed to persons under 18. If a parent or guardian becomes aware that his or her child has provided us with personally identifiable information without their consent, he or she should contact us at privacy at desktoptopia dot com. We do not knowingly collect personally identifiable information from children under 13. If we become aware that a child under 13 has provided us with personal identifiable Information, we will delete such information from our files.

 

Web Site User Agreement
 January 10, 2007