Terms

Terms & Conditions

Last updated: 1st of March 2023

Please read these Terms & Conditions (“Terms”, “Terms & Conditions”) carefully before using the https://manybackgrounds.com website (the “Service”) operated by ManyBackgrounds.com (Targa Ltd) (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.

User-Generated Content

1.1. The Service allows users to upload, submit, and share pictures, images, graphics, and other content (collectively, “Content”) in various formats for use as backgrounds or other purposes.

1.2. By submitting Content, you represent and warrant that you have the necessary rights and permissions to upload, submit, and share the Content and that your submission does not infringe upon any third-party rights, including copyright, trademark, or privacy rights.

1.3. By uploading Content, you grant ManyBackgrounds.com a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and ManyBackgrounds.com’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels.

1.4. You also grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display, and perform such Content as permitted through the functionality of the Service and under these Terms.

1.5. You retain any and all of your rights to any Content you submit, post, or display on or through the Service and you are responsible for protecting those rights.

2.1. ManyBackgrounds.com respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, ManyBackgrounds.com will respond expeditiously to claims of copyright infringement committed using the Service that are reported to its Designated Copyright Agent.

2.2. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify ManyBackgrounds.com’s Designated Copyright Agent at dmca@manybackgrounds.com

2.3. To be effective, the notification must include the following information:

(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;

(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit ManyBackgrounds.com to locate the material;

(d) Information reasonably sufficient to permit ManyBackgrounds.com to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

(e) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

(f) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

2.4. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the information specified in Section 2.3.

2.5. If the Content that you have submitted is removed or access to it is disabled as a result of a notification under this Section, and you believe that the Content is not infringing or that you have authorization to use the Content, you may submit a counter-notification to our Copyright Agent containing the following information:

(a) Your physical or electronic signature;

(b) Identification of the Content that has been removed or to which access has been disabled, and the location at which the Content appeared before it was removed or access to it was disabled;

(c) A statement under penalty of perjury that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content;

(d) Your name, address, telephone number, and email address, and a statement that you consent to the jurisdiction of the courts in Hong Kong and that you will accept service of process from the person who provided notification of the alleged infringement.

2.6. If a counter-notification is received by our Copyright Agent, ManyBackgrounds.com may send a copy of the counter-notification to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member, or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notification, at ManyBackgrounds.com’s sole discretion.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Hong Kong, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

User Conduct

5.1. You agree not to use the Service for any unlawful purpose or to engage in any conduct that may harm ManyBackgrounds.com or its users. You also agree not to upload, post, or otherwise transmit any Content that:

(a) Is offensive, harmful, obscene, defamatory, threatening, violent, abusive, or hateful;

(b) Violates the rights of any third party, including without limitation copyright, trademark, privacy, or other personal or proprietary rights;

(c) Contains viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer;

(d) Is false, misleading, or contains spam, chain letters, pyramid schemes, or other forms of solicitation.

5.2. You also agree not to:

(a) Harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;

(b) Use automated scripts to collect information from or otherwise interact with the Service;

(c) Impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity;

(d) Intimidate or harass other users.

Termination

6.1. We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

6.2. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

6.3. If you wish to terminate your account, you may simply discontinue using the Service.

Limitation of Liability

In no event shall ManyBackgrounds.com, its affiliates, directors, employees, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

(a) Your access to or use of or inability to access or use the Service;

(b) Any conduct or content of any third party on the Service;

(d) Unauthorized access, use, or alteration of your transmissions or Content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

ManyBackgrounds.com, its affiliates, and its licensors do not warrant that:

(a) The Service will function uninterrupted, secure, or available at any particular time or location;

(b) Any errors or defects will be corrected;

(d) The results of using the Service will meet your requirements.

Indemnification

You agree to defend, indemnify, and hold harmless ManyBackgrounds.com, its affiliates, licensors, and their respective directors, officers, employees, and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses, and expenses (including reasonable attorneys’ fees) arising out of or in connection with:

(a) Your use of the Service;

(b) Your breach of these Terms;

(d) Any claim that your Content caused damage to a third party.

This defense and indemnification obligation will survive these Terms and your use of the Service.

Please refer to our Privacy Policy for information on how we collect, use, and disclose information from our users. You acknowledge and agree that your use of the Service is subject to our Privacy Policy.

Third-Party Links

The Service may contain links to third-party websites or services that are not owned or controlled by ManyBackgrounds.com. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that ManyBackgrounds.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

International Users

The Service is controlled, operated, and administered by ManyBackgrounds.com from its offices within Hong Kong. If you access the Service from a location outside Hong Kong, you are responsible for compliance with all local laws. You agree that you will not use the ManyBackgrounds.com Content accessed through the Service in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.

Severability

In the event that any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

Entire Agreement

These Terms and any policies or operating rules posted by us on the Service or in respect to the Service constitute the entire agreement and understanding between you and ManyBackgrounds.com and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and ManyBackgrounds.com (including, but not limited to, any prior versions of the Terms).

No Waiver

The failure of ManyBackgrounds.com to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without ManyBackgrounds.com’s prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and of no effect. ManyBackgrounds.com may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

Force Majeure

ManyBackgrounds.com shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

Headings

The headings in these Terms are for convenience only and have no legal or contractual effect.

Language

These Terms are written in English. Any translated version is provided solely for your convenience. To the extent any translated version of these Terms conflicts with the English version, the English version controls.

Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by ManyBackgrounds.com:

(a) via email (in each case to the address that you provide); or

(b) by posting on the Service.

For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

Relationship of the Parties

Nothing in these Terms shall be construed as creating a partnership, joint venture, agency, or employment relationship between you and ManyBackgrounds.com. You agree not to hold yourself out as a representative, agent, or employee of ManyBackgrounds.com and we shall not be liable for any representation, act, or omission on your part.

Compliance with Laws

You agree to comply with all applicable local, state, national, and international laws, regulations, and ordinances in connection with your use of the Service.

Feedback

We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Service (“Feedback”). You may submit Feedback by emailing us at feedback@manybackgrounds.com. You acknowledge and agree that all Feedback will be the sole and exclusive property of ManyBackgrounds.com and you hereby irrevocably assign to ManyBackgrounds.com and agree to irrevocably assign to ManyBackgrounds.com all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral, and other proprietary or intellectual property rights therein. At ManyBackgrounds.com’s request and expense, you will execute documents and take such further acts as ManyBackgrounds.com may reasonably request to assist ManyBackgrounds.com in acquiring, perfecting, and maintaining its intellectual property rights and other legal protections for the Feedback.

Dispute Resolution

In the event of any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy shall be determined by arbitration in Hong Kong before a single arbitrator. The arbitration shall be administered by an internationally recognized dispute resolution organization. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

Waiver of Class or Consolidated Actions

ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

No Third-Party Beneficiaries

These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.

28.Acknowledgement

By using the Service or other services provided by us, you acknowledge that you have read these Terms of Service and agree to be bound by them.

Electronic Communications

By using the Service, you consent to receiving certain electronic communications from us, such as notices about your account, changes to the Service, and other information related to the Service. These communications will be part of your relationship with ManyBackgrounds.com, and you agree that any notice, agreement, disclosure, or other communication that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

DMCA Copyright Agent

ManyBackgrounds.com’s designated Copyright Agent to receive notifications of claimed infringement is:

ManyBackgrounds.com
2F, Incredible Building,
1-3 San Lau Street, Hung Hom
Hong Kong
dmca@manybackgrounds.com

Only DMCA notices should go to the Copyright Agent. Any other feedback, comments, requests for technical support, or other communications should be directed to ManyBackgrounds.com customer service through cs@manybackgrounds.com. You acknowledge that if you fail to comply with all the requirements of this Section, your DMCA notice may not be valid.

Miscellaneous

These Terms and any other terms or agreements that may be posted on the Service from time to time constitute the entire agreement between ManyBackgrounds.com and you with respect to your use of the Service and supersede all previous written or oral agreements between the parties with respect to such subject matter. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of ManyBackgrounds.com to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect.

We may provide you with notices, including those regarding changes to these Terms, by email, regular mail, or postings on the Service. By providing us with your email address, you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as updates, user communications, newsletters, changes to features of the Service, or special offers. If you do not want to receive such email messages, you may opt out by following the instructions in the message. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.

Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Hong Kong, without regard to its conflict of law provisions. You agree that any legal action or proceeding between you and ManyBackgrounds.com for any purpose concerning these Terms or the parties’ obligations hereunder shall be brought exclusively in a court of competent jurisdiction sitting in Hong Kong. Any cause of action or claim you may have with respect to these Terms must be commenced within one (1) year after the claim or cause of action arises. ManyBackgrounds.com’s failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms.

If you have any questions about these Terms, please contact us:

ManyBackgrounds.com

Email: contactus@manybackgrounds.com

By using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not accept these Terms of Service, you are not authorized to use the Service. We may modify these Terms of Service at any time, and such modification will be effective immediately upon either posting of the modified Terms of Service or notifying you. You agree to review these Terms of Service periodically to ensure that you are aware of any modifications. Your continued access or use of the Service shall be deemed your conclusive acceptance of the modified Terms of Service.