- Please read the Terms of Service carefully. If you use our Services, you agree to the Terms of Service, NTD Policy and Privacy & Cookie Statement. Privacy, cookies and illegal content are hot topics; they’re so important they had to go into other documents. In simple speak
1.1 Please read the Terms of Service carefully. If you use our Services, you agree to the Terms of Service, NTD Policy and Privacy & Cookie Statement. Privacy, cookies and illegal content are hot topics; they’re so important they had to go into other documents.
- If the Services include services of third parties, the terms, and conditions, notice and takedown policies and/or privacy and cookie policies may apply. Catchway is not responsible for these services, terms and/or policies.
- These Terms of Service supersede any and all prior oral and written quotations, terms, communications, agreements and understandings between you and Catchway. These Terms overrule anything we might have told you previously or that you came up with yourself.
- Any file transfer between you and recipients is treated confidentially. Catchway does not provide any public search function, catalog or listing to find transfers that would be available. As a Plus user, you can search your own transfers. 6.1 We treat your stuff with respect. We don’t let anyone search for anything on the website. Be mindful of where and how you share download links. When someone has access to a download link, they have access to the transfer it links to.
- Catchway will not look into your transfer or files unless this is necessary and in line with our Privacy & Cookie Statement, for instance, to provide you with (technical) support on your request or if we are by law obliged to do so.
- You acknowledge that download links can be forwarded and - whoever is passed on or has access to a download link can download the files contained in that transfer. Catchway Plus offers the option to protect transfers with a password, which is only stored encrypted and not accessible for anyone. It's the responsibility of the uploader to share the said password.
File ownership, permissions, and responsibility
- Catchway does not claim any ownership of the contents of the files you transfer through our Services. You are fully and solely responsible and accountable for the files you transfer through our Services. 7.1 You’re responsible for your files. We don’t claim any ownership of your files.
- By using our Services you guarantee that you have, for each file (including wallpapers), all required permissions, including from copyright and other intellectual property rights holders, to distribute, transfer, store and/or make available online as part of our Services. 7.2 You can only transfer files if they’re yours, or if you have the permission from the owner to do so.
- Catchway is not liable to you or any third party for any damages arising out of the content shared by you and the use, reuse, or adaptation of background wallpapers chosen independently by you, including but not limited to, copyright protected works and/or trademarks.
- Catchway respects your rights and expects that you respect those of Catchway, its artists, advertisers, and third parties. This includes respecting the right to privacy, corporate intelligence and business secrets and intellectual property rights, such as trademarks, copyrights, trade names, and logos. You agree not to use the Services to commit or promote, enable or facilitate unlawful or criminal acts or violations of these Terms of Service or facilitate or promote others to do so.
- As a condition to make use of the Services you agree not to transfer, distribute or store any files or use any wallpapers that: Be excellent to each other, don’t transfer illegal stuff or stuff that isn’t yours. Also, don’t spam.
In addition, you agree not to: Don't do anything mentioned in the list on the left, like pretending to be someone else or trying to break our service.
- feature child pornography;
- are obscene, defamatory, libelous, slanderous, profane, indecent or unlawful,
- promote racism, violence or hatred;
- are factually inaccurate, false, misleading or deceptive;
- you don’t have the right to copy and/or transfer;
- infringe, violate or misappropriate intellectual property rights, privacy rights, including data protection rights, and/or any other kind of rights;
- infringe on or violate any applicable law or regulation;
- constitute ‘hate speech’, whether directed at an individual or a group, and whether based upon the race, sex, creed, national origin, religious affiliation, sexual orientation or language of such individual or group, and/or;
- facilitate or promote gambling, or the sale or use of liquor, tobacco products or illicit drugs.
Violation of the Terms of Service
- impersonate or falsely pretend affiliation with any person or entity;
- access any non-public areas of the Catchway website or Services;
- send viruses, worms, malware, junk mail, spam, chain letters, phishing emails, unsolicited promotions or advertisements of any kind and for any purpose;
- attempt to probe, scan, compromise or test the vulnerability of the Catchway website or Services or any related service, system or network or breach any security or authentication unless you do so in accordance with our Responsible Disclosure Policy.
Intellectual property rights
- Catchway reserves the right to investigate, provide to third parties, (temporarily) block and/or remove from its servers, without warning, any transfers, files, wallpapers and/or accounts or to block anyone from accessing any part of the Catchway website or Services, when Catchway ascertains, at their own discretion or after receiving substantiated and valid complaints, that you violate these Terms of Service or act in violation of any applicable law or regulation. 9.1 If you don’t stick to our rules, we always have the right to delete or block your email address and/or Plus account without warning. Same goes for your transfers and wallpapers.
- When a wallpaper or personal Plus profile is used in violation of these Terms of Service and/or any applicable law or regulation, Catchway reserves the right to investigate and/or remove, without warning, any wallpapers you display on your Catchway Plus account or Catchway Plus personal profile channel, or block anyone from accessing your Catchway Plus account or Catchway Plus personal profile.
- All intellectual property rights and/or similar rights to the (content and design of the) Catchway website, including the software, wallpapers, photography, graphic design, typography, portraits and logos, as well as trademarks, copyrights and trade names featured on wallpapers used within the Services, are vested in Catchway or its licensors. 10.1 Please respect ours and other people’s intellectual property
- Catchway supports the design industry. A large number of the wallpapers, including photography, graphic design, typography, portraits, and logos, as well as trademarks and tradenames featured on wallpapers used within the Services, are the intellectual property of their respective rights holder. The wallpapers always look amazing, but most of them aren’t ours, or yours. Don’t steal other people’s wallpapers. We’re not responsible for the contents of wallpapers, the links in them or the websites they link to.
- You are not allowed to copy, reproduce, make available online to the public, sell or reuse anything from the Catchway website, including the wallpapers in any way without the permission of the rights holder. Catchway is not responsible or liable for the contents of wallpapers, in-ad links to external websites or the contents, products or services offered on external websites. You accept that all use outside the Catchway website is at your own risk.
- You will always respect and observe the good name and reputation of Catchway and ensure that its use of the Catchway website and the Services will in no way prejudice any rights and/or the good name and reputation of Catchway and its licensors.
Indemnity and Liability
- Catchway provides its Services “AS-IS”, without warranty of any kind. Without limiting the foregoing, Catchway explicitly disclaims any warranties of merchantability, fitness for a particular purpose and non-infringement. Catchway makes no warranty that the Services are available on an uninterrupted, secure or error-free basis. Your use of the Services is at your own risk. You acknowledge and agree that Catchway is not responsible for any damages to your computer system or the computer system of any third party that result from use of the Services and is not responsible for any failure of the Services to store, transfer or delete a file or for the corruption or loss of any data, information or content contained in a file. We do our best to make Catchway tick real smooth. We don’t take any responsibility for any failure. If anything goes wrong, we’ll run as fast as Usain Bolt to fix it.
Indemnity and Liability
- You will defend, indemnify and hold harmless Catchway, including its employees and affiliates, from and against any claims, incidents, liabilities, procedures, damages, losses and expenses, including reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services or your violation of these Terms of Service, including any third party claims that files submitted to the Services by you or through your account infringe or violate any third party rights. If we do something wrong we’ll fix it, if you do something wrong it’s down to you.
- Catchway is not liable for any damage or personal injury resulting from any use of the Catchway website or Services. The limitation of liability referred to in this clause shall not apply if the liability for damage is caused by intent or gross negligence on the part of Catchway. In the event, Catchway is liable for damage under mandatory law.
- These Terms of Service are governed by Indian law. These Terms of Service will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your country of residence.
- Any disputes regarding these Terms of Service will be submitted to the Court that has jurisdiction under India law.