WALLPAPERZ T&CS

1. INFORMATION ABOUT ZONEofTECH

1.1. Who we are. We are ZONEOFTECH LTD (trading as ZONEofTECH) (“ZONEofTECH” / “we” / “us” / “our”) a company incorporated in England, with company number 09832631 and a registered office address at Lantern House, 39 Duke Street, Chester, United Kingdom, CH1 1RP.

1.2. What we do. We own, operate and manage the WallpaperZ app for iOS and Android devices which we refer to as “WallpaperZ”. WallpaperZ provides a fun and intuitive way to view and download high-resolution 8K background wallpapers onto your device. WallpaperZ also features certain in-app purchase functionalities, as further described in these T&Cs. From time to time we may launch WallpaperZ on additional operating systems.

2. YOUR ACCEPTANCE

2.1. Use of WallpaperZ is subject to these T&Cs. Your use of any part of WallpaperZ is subject to these terms & conditions (“T&Cs”) together with any other notice, disclaimer or waiver set out within WallpaperZ. Please read these T&Cs carefully. By using any part of WallpaperZ you will be deemed to have accepted these T&Cs in full and you agree to abide by them regardless of whether you are registered on WallpaperZ or not. If you do not agree to these T&Cs, you must not use any part of WallpaperZ, and should stop using this app immediately.

2.2. You. In these T&Cs “you” means the individual user accepting these T&Cs.

2.3. Individual non-commercial use only. WallpaperZ is not intended for business or commercial use and is therefore only aimed at individual consumers who are not using the Wallapperz App for commercial purposes. By using WallpaperZ and/or by agreeing to these T&Cs you represent and warrant that you are a consumer and are not engaging in commercial purposes, and that you are not accepting these T&Cs on behalf of an organisation (being any company or other legal entity).

2.4. These T&Cs may get updated. We may revise these T&Cs at any time by posting an update on this page. Your continued use of WallpaperZ after any such change constitutes your acceptance of the new T&Cs and they will be binding on you. You should therefore check this page from time to time to review the current version of the T&Cs. These T&Cs were most recently updated on 7 June 2023.

3. REGISTRATION AND LOGINS

3.1. WallpaperZ requires you to login. You will be unable to use WallpaperZ unless you have logged in. WallpaperZ supports the following login options:

(a) Sign in with Apple account;

(b) Sign in via Google account;

3.2. When you use the sign-in via email option, you agree to provide accurate and complete profile information about yourself as prompted by the relevant registration form. We treat such details in accordance with our Privacy Notice, which entitled us to communicate with you in relation to your account (such as registrations, login credentials, confirmations of in-app transactions you make and communicating legal notices.

3.3. ZONEofTECH can revoke your login credentials. ZONEofTECH is entitled to immediately revoke all of the licences granted by ZONEofTECH under clause 7, including disabling and/or terminating your WallpaperZ login credentials and suspending your access to WallpaperZ at any time if (acting reasonably) we determine in our sole opinion that you have failed to comply with any provision of these T&Cs.

4. SUBSCRIPTION CONTENT

4.1. Subscriptions. Subject to clause 7.8, if you choose to pay for a WallpaperZ subscription, you will be provided with access to digital wallpaper images via WallpaperZ (“Subscription Content”).

4.2. Payment for Subscription Content. The payments you make for Subscription Content are facilitated via the Apple App Store (on Apple devices) or Google Play (on Android devices). For the avoidance of doubt, ZONEofTECH does not receive or have access to any of your payment card details.

4.3. Ending your access to Subscription Content. If you no longer wish to pay for Subscription Content, you may end your subscription (and thus your access to Subscription Content) either within WallpaperZ or via settings within Google Play or the App Store.

4.4. Loss of Withdrawal Rights. Notwithstanding anything to the contrary, while you can end your access to Subscription Content at any time, you acknowledge that by accessing digital goods including Subscription Content on your device, you will lose your right to withdraw from the contract (which is a conditional consumer right granted in certain jurisdictions including England and Wales). This means you cannot pay for access to Subscription Content, access the Subscription Content and then subsequently use a withdrawal right to request a refund for the same Subscription Content.

5. AVAILABILITY AND USE OF THE WALLPAPERZ APP

5.1. WallpaperZ may become unavailable. ZONEofTECH does not guarantee that WallpaperZ will always be available or uninterrupted and ZONEofTECH will not be liable for any reason if WallpaperZ is unavailable at any time or for any period. Access to WallpaperZ may be suspended temporarily and without notice in the case of system failure, server downtime, maintenance, or upgrade. ZONEofTECH reserves the right to permanently remove WallpaperZ from applicable distribution channels (including the Apple App Store or Google Play) without notice.

5.2. We are entitled to monitor use of WallpaperZ. ZONEofTECH is entitled to monitor and/or review use of WallpaperZ by any user. If ZONEofTECH becomes aware of any possible violations by any user of any provision of these T&Cs, ZONEofTECH reserves the right to investigate such violations.

5.3. Write access. In relation to the iOS version of WallpaperZ only, you are required to grant WallpaperZ “write access” to your photo library via iOS privacy settings. This user specified permission is required so that WallpaperZ has permission to save wallpaper images into your photo library. This write access requirement applies to the downloading of both Free Content and Subscription Content.

5.4. ZoneOfTech does not scan or upload from your photo library. You acknowledge that ZONEofTECH is entitled to monitor the usage of all Free Content and Subscription Content downloaded via WallpaperZ (including popularity, number of downloads and (in the case of the Android version only, the number of times a wallpaper image has been “applied”). For the avoidance of doubt, ZONEofTECH does not scan or upload images from your device’s image library.

5.5. Changes. From time to time, ZONEofTECH may (without notice and at ZONEofTECH’s sole discretion) introduce updates to WallpaperZ, for example to introduce new and/or improved functionality, or remove certain features or functionality. However we are entitled to notify you of such updates (in accordance with our Privacy Notice).

5.6. Minimum technical requirements. In order to function properly, WallpaperZ requires:

(a) a reliable connection to the internet; and

(b) the device you use to access WallpaperZ must comply with the minimum technical requirements and operating system versions specified by ZONEofTECH on the applicable WallpaperZ app download page (which may change from time to time).

5. USER STANDARDS

5.1. You must comply with the law. You represent and warrant that you will comply with all applicable laws and regulations of the relevant jurisdiction having the force of law from time to time, in each case, that are relevant to the receipt or use of WallpaperZ. ZONEofTECH accepts no responsibility for you and/or your organisation’s non-compliance with applicable law.

5.2. Do not misuse WallpaperZ. You must only use WallpaperZ for its intended purposes and in accordance with ZONEofTECH’s official documentation. To the extent permitted by law, ZONEofTECH is not responsible for any damage or loss suffered by you, your organisation and/or any third party as a result of your misuse of WallpaperZ.

5.3. Do not infringe any copyright. You acknowledge that any use by you (or on your behalf) of any of WallpaperZ, any Free Content and any Subscription Content, which contravenes any part of these T&Cs may constitute infringement of the Intellectual Property Right of ZONEofTECH (or its applicable licensors). You are strictly prohibited from carrying out any act (or omission) which infringes (or is reasonably likely to infringe) the Intellectual Property Rights of ZONEofTECH (or its applicable licensors). Any breach of this clause will be treated as a material breach of these T&Cs.

5.4. Restricted activities. Except to the extent such activities are expressly permitted in these T&Cs, or otherwise prohibited from being restricted by applicable law, you shall not:

(a) use WallpaperZ to (directly or indirectly) provide any unauthorised access (including downloads or file sharing) of any Free Content or Subscription Content. For the avoidance of doubt you are prohibited from making any wallpapers accessed via WallpaperZ available to any third parties without first obtaining ZONEofTECH’s prior written consent;

(b) copy, reproduce, publish, distribute, combine, modify, create derivative works of, sell, resell, or in any way commercially exploit any part of WallpaperZ, any Free Content and any Subscription Content;

(c) copy, frame or mirror any part of WallpaperZ, or attempt to gain or provide unauthorised access to third party data contained within WallpaperZ;

(d) reverse engineer, decompile, translate, disassemble or attempt to discover any source code or underlying ideas or algorithms in WallpaperZ or the software (or any part of it) that is used to provide WallpaperZ;

(e) use WallpaperZ in any manner which infringes any law or regulation (including any applicable export control laws or regulations) or which infringes the rights of any third party under the laws of any jurisdiction;

(f) post, link to or transmit through WallpaperZ, any material, which is unlawful, or that contains a virus, malware or other hostile computer code;

(g) attempt to launch an app or service which copies, infringes or passes off any element of WallpaperZ (including but not limited to the Free Content or Subscription Content).

(h) use WallpaperZ to publish or disseminate any material that brings or may bring ZONEofTECH into dispute or disrepute or in any way damages the standing or reputation of ZONEofTECH or WallpaperZ; or

(i) use WallpaperZ to publish or disseminate material that infringes or may infringe the rights (including Intellectual Property Rights) of any individual, entity or other third party or that is unlawful, threatening, defamatory, obscene, indecent, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy, that may cause annoyance or inconvenience or may restrict or inhibit the use of WallpaperZ by any other user or that constitutes or encourages conduct which may be considered a criminal offence or give rise to any civil liability in any jurisdiction.

6. SECURITY

6.1. Do not share your login credentials. If you are a registered user, you must treat your login credentials as confidential. Sharing your login credentials with any other person or making them available to multiple users on a network is strictly prohibited. Accordingly, you agree to:

(a) maintain the security of your login credentials and be fully responsible for all use of WallpaperZ made using your login credentials;

(b) notify us immediately if you suspect or become aware of any unauthorised use of your login credentials or any other breach of WallpaperZ’s security, by contacting ZONEofTECH and providing details of the unauthorised use or other security breach; and

6.2. Use of your login credentials. You are also responsible for all use of WallpaperZ via your login credentials.

6.3. Do not hack or misuse WallpaperZ. You must not misuse WallpaperZ by knowingly introducing viruses or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to WallpaperZ, the server(s) on which WallpaperZ is hosted or any other server, computer or database connected to WallpaperZ. You must not attack WallpaperZ via any form of denial-of-service attack. You are responsible for ensuring that any data that you submit or upload to WallpaperZ does not contain any malicious content or technologically harmful material which could damage ZONEofTECH’s systems or compromise WallpaperZ. You acknowledge that by breaching this clause 6.3, you may be committing a criminal offence.

6.4. Viruses. While ZONEofTECH use reasonable endeavours to ensure that WallpaperZ does not contain or disseminate any viruses or material which is malicious or technologically harmful, ZONEofTECH does not warrant that WallpaperZ will be free from bugs, viruses or malicious code and ZONEofTECH will not be liable for any loss or damage caused by viruses or other technologically harmful material that may infect your device, equipment, software, data or other proprietary material due to your use of WallpaperZ. We therefore recommend that you use reasonable endeavours to take appropriate cybersecurity-related precautions to protect your own devices, software and data viruses and other malicious or technologically harmful code on your device.

7. INTELLECTUAL PROPERTY RIGHTS

7.1. “Intellectual Property Rights” means all patents, rights to inventions, copyright and related rights, moral rights, database rights, trade marks and trade names, rights to goodwill and to sue for passing off, rights in designs, rights in Confidential Information (including know-how and trade secrets (including trade secrets as defined by the EU Trade Secrets Directive EU 2016/943)) and any other intellectual property rights, in each case whether registered or unregistered, and including all applications (and rights to apply) for, and renewals and extensions of and rights to claim priority from, such rights and all similar or equivalent rights and forms of protection which subsist or will subsist now or in the future in any part of the world.

7.2. "Free Content” means any digital content (including but not limited to wallpapers and other files and data) which is accessible via WallpaperZ, excluding WallpaperZ itself or any Subscription Content.

7.3. Subscription Content is defined in clause 4.1.

7.4. “User Generated Content” means any content (including but not limited to text, images, videos, URLS, feedback and comments) which is submitted and/or uploaded to WallpaperZ by you (or on your behalf).

7.5. IP owned by ZONEofTECH. ZONEofTECH (or its applicable licensors) own and will continue to own all Intellectual Property Rights in:

(a) WallpaperZ (and any modifications to WallpaperZ from time to time);

(b) all Free Content made available via WallpaperZ; and

7.6. Ownership of User Generated Content. As between ZONEofTECH and you, the Intellectual Property Rights in User Generated Content which is submitted and/or uploaded by you (or on your behalf) shall be owned by you.

7.7. License to use WallpaperZ and Free Content. If you comply in full with these T&Cs, ZONEofTECH grants registered you a limited, non-exclusive, non-transferable, revocable license to access and use WallpaperZ and the Free Content. For the avoidance of doubt this licence does not include a licence to any Subscription Content.

7.8. Conditional licence to Subscription Content. If you comply in full with these T&Cs and have paid for a subscription to Subscription Content ZONEofTECH grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Subscription Content.

7.9. Licence to User Generated Content. You hereby grant (and shall procure the grant of) a perpetual, non-exclusive, irrevocable, worldwide, royalty-free, transferable, sub-licensable licence to ZONEofTECH to:

(a) use all User Generated Content for any commercial purpose (including but not limited to providing WallpaperZ and performing usage analytics);

(b) use and modify all User Generated Content to perform ZONEofTECH’s obligations (or exercise its rights) under these T&Cs;

(c) improve, analyse, test, develop, and operate the systems, products and services of ZONEofTECH (including but not limited to improving WallpaperZ); and

(d) use, modify and adapt any User Generated Content and/or analytics data to create aggregated or derived data (being data which has been created by ZONEofTECH which cannot be reversed engineered by a third party to create the original User Generated Content, but may be based upon or otherwise derived from User Generated Content Data (excluding personal data). All Intellectual Property Rights in such aggregated data shall be owned by ZONEofTECH, and ZONEofTECH shall be permitted to provide and/or distribute such aggregated data to third parties independently of these T&Cs. Nothing in these T&Cs (including this clause) shall be considered to place any limit on ZONEofTECH’s use of any User Generated Content.

7.10. Additional restrictions. ZONEofTECH (and its applicable licensors) reserve any and all rights (including all Intellectual Property Rights) in and to WallpaperZ, the Free Content and the Subscription Content, other than the limited licence rights expressly granted under these T&Cs. For the avoidance of doubt and without limitation, the licences granted by ZONEofTECH under these T&Cs do not permit you (or your organisation) to:

(a) allow access to WallpaperZ by, or grant any sub-licences to WallpaperZ, any Free Content and any Subscription Content, to any third party; or

(b) use (or grant any sub-licence to) the object code or source code to WallpaperZ, which shall remain hosted by or on behalf of ZONEofTECH at all times.

7.11. Third party claims. You agree to keep ZONEofTECH (including ZONEofTECH’s affiliates) indemnified in full at all times (on a debt basis upon demand by ZONEofTECH) against any and all losses, claims, liability, costs, damages, fines or expenses (including reasonable legal costs) that are incurred, suffered or threatened against ZONEofTECH (including ZONEofTECH’s affiliates, personnel or third party providers) arising out of or in connection with your use of WallpaperZ or any User Generated Content you submitted/uploaded. For the avoidance of doubt this includes (but is not limited to) any third party claims resulting from your failure to comply with applicable law, misuse of WallpaperZ, and/or inaccurate and/or erroneous User Data you (including your organisation) have uploaded to WallpaperZ.

7.12. Consents. You warrant to ZONEofTECH that you have all necessary rights and consents in place to submit and/or upload User Generated Content to WallpaperZ.

8. ADDITIONAL TERMS REQUIRED BY APP MARKETPLACES.

8.1. WallpaperZ is downloadable via both the Apple App Store, and Google Play. WallpaperZ controlled and offered by ZONEofTECH from its registered office address in the UK. The use and distribution of WallpaperZ via the relevant app marketplace is governed by the relevant marketplace’s own rules, which both you and ZONEofTECH must both comply with. In the event of a conflict between these T&Cs and the terms of applicable app marketplace that you downloaded WallpaperZ from, the terms of the applicable app marketplace shall take priority.

8.2. You acknowledge that these T&Cs are between ZONEofTECH and you only, and not with the third party manufacturer or provider of your device or operating system (“Device Manufacturer”);

8.3. You acknowledge that the Device Manufacturer has no obligation whatsoever to furnish any maintenance and support services with respect to WallpaperZ;

8.4. In the event of any failure of WallpaperZ to conform to any applicable warranty, you may notify the Device Manufacturer, and the Device Manufacturer will refund the purchase price (if any) for the app to you and, to the maximum extent permitted by applicable law, the Device Manufacturer will have no other warranty obligation whatsoever with respect to WallpaperZ;

8.5. You acknowledge that ZONEofTECH, not the Device Manufacturer, are responsible for addressing any claims of yours or any third party relating to WallpaperZ;

8.6. You acknowledge that, in the event of any third party claim that WallpaperZ or your use of WallpaperZ infringes that third party’s intellectual property rights, the Device Manufacturer will not be responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim;

8.7. You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country and you are not listed on any U.S. Government list of prohibited or restricted parties; and

8.8. You acknowledge and agree that the Device Manufacturer, and the Device Manufacturer’s subsidiaries, are third party beneficiaries of these T&Cs, and that, upon your acceptance of these T&Cs, the Device Manufacturer will have the right (and will be deemed to have accepted the right) to enforce these T&Cs against you as a third party beneficiary.

9. DATA PROTECTION AND COOKIES

9.1. Our Privacy Notice applies. ZONEofTECH’s privacy notice (“Privacy Notice”), which you can access here https://legal.wallpaperzapp.com/policy.html applies to the processing of your personal data in connection with your use of WallpaperZ and sets out important information related to how your personal data will be processed and your rights in relation to your personal data in this context.

10. WARRANTIES

10.1. We make reasonable efforts to ensure that the content in WallpaperZ is up to date. However, we make no representations, warranties or guarantees, whether express or implied that:

(a) the functions of WallpaperZ will meet your requirements (including your legal and regulatory requirements) or be fit for a particular purpose;

(b) WallpaperZ shall be uninterrupted or error free;

11. LIABILITY

11.1. Nothing in these T&Cs will operate to exclude or limit ZONEofTECH’s liability: (a) for death or personal injury caused by its negligence; (b) for any fraud or fraudulent misrepresentation; or (c) to the extent that such liability cannot be excluded or limited under applicable law.

11.2. Subject to clause 11.1 ZONEofTECH shall not be liable to you (or your organisation) in contract, tort (including negligence or breach of statutory duty), misrepresentation, or under an indemnity or otherwise, for any:

(a) loss of profit; loss of revenue; loss of sales, business or business opportunity; loss of agreements or contracts; wasted expenditure; any losses, fines and expenses imposed by a regulator, governmental authority or professional body; anticipated savings; loss of or corruption of data; damage to reputation or loss of goodwill, in each case whether direct or indirect; or

(b) any indirect, consequential or special loss.

11.3. Subject to clauses 11.1 and 11.2, ZONEofTECH’s aggregate liability to you for any loss or damage in contract, tort (including negligence or breach of statutory duty), misrepresentation, under an indemnity or otherwise connected to or arising out of these T&Cs shall in respect of any and all claims not exceed £30.

12. CONFIDENTIALITY

12.1. Subscription Content and login credentials are confidential. You acknowledge that all:

(a) ZONEofTECH login credentials;

(b) all Subscription Content; and

constitute the confidential information of ZONEofTECH (or its applicable licensors).

12.2. Non-disclosure. Unless ZONEofTECH has explicitly given its permission to you under these T&Cs (or separately in writing), you are strictly prohibited from disclosing to any third party any ZONEofTECH login credentials, or any Subscription Content; or other digital content (including wallpaper images and files) you have accessed via the ZONEofTECH app.

13. GENERAL

13.1. Headings. Note that clause headings and sub-headings shall not affect the interpretation of these T&Cs.

13.2. Assignment. ZONEofTECH may assign, novate or transfer our rights and obligations under these T&Cs to another organisation. You will not assign, novate or transfer any of your rights or your obligations under these T&Cs to another person or entity unless ZONEofTECH has given our prior written consent.

13.3. Entire agreement. These T&Cs, our Privacy Notice and any documents expressly referred to within these T&Cs constitute the entire understanding and agreement between you and ZONEofTECH in relation to your use of WallpaperZ. If there is any conflict between these T&Cs, our Privacy Notice and any documents expressly referred to within these T&Cs, these T&Cs will take precedence.

13.4. No rights for third parties. Subject to clause 8.8, these T&Cs do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these T&Cs, except as expressly set out in these T&Cs.

13.5. No waiver. If ZONEofTECH do not insist immediately that you do something you are required to do under these T&Cs, or if we delay in taking steps against you in respect of you breaching these T&Cs, that will not mean that you will not have to do those things, and it will not prevent us from taking steps against you at a later date.

13.6. Severance. If any provision or part-provision of these T&Cs is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these T&Cs.

13.7. Governing law and jurisdiction. These T&Cs (and any non-contractual obligations arising out of or in connection with these T&Cs and any claim or dispute in relation to their formation) shall be governed by and construed in accordance with laws of England and Wales and subject to the exclusive jurisdiction of the English courts.

14. CONTACT DETAILS

14.1. How we may contact you: If we need to contact you, we may do so using the details you submit during the registration process.

14.2. ZONEofTECH’s contact details. You can contact ZONEofTECH using the following details:

Email: support@wallpaperzapp.com