TERMS OF SERVICE

Welcome to Best HD Wallpaper, a global platform operated by Best HD Wallpaper and its affiliates, where users can license a diverse range of stock media from our dedicated websites and mobile applications for Android and Apple devices (collectively known as "Best HD Wallpaper Platforms"). Our customers engage with us through a fee-based model to access and use this content.

The document below outlines the Terms of Service ("TOS"), which form a legally binding, non-exclusive agreement between you—the contributor—and Best HD Wallpaper. We urge you to read these terms carefully to fully understand the legal framework governing your interactions with us, particularly concerning the rights you grant to us over any photographs, images, visual works, or other media, along with any associated keywords, metadata, and titles you submit (collectively, "Content"). These terms also detail how your Content may be utilized by Best HD Wallpaper.

By submitting your Content, you consent to all the stipulations outlined in this agreement. It's important to identify which specific terms of service apply to your contributions, as modifications may occur over time.

1. License

   Best HD Wallpaper operates as a facilitator, making contributor content available to customers through its licensing and subscription services. As a platform, Best HD Wallpaper reserves the right to monetize content through various revenue channels without assuming responsibility for individual customer actions or compliance.

   1. By submitting any Content to Best HD Wallpaper, you grant to Best HD Wallpaper a worldwide, sublicensable, non-exclusive right and license to index, analyze, categorize, archive reproduce, prepare derivative works incorporating, publicly display, sell, advertise and market, any Content uploaded by you and accepted by Best HD Wallpaper for any reasonable business purpose, including but not limited to the distribution of your Content to Best HD Wallpaper customers, to optimize the performance and operation of Best HD Wallpaper’s platforms and services, and to develop new features and products. You also give permission to Best HD Wallpaper to add, modify or remove information related to your Content, including, but not limited to, copyright management information, in order to manage and license such Content. You are granting Best HD Wallpaper the non-exclusive right to license and use your submitted content.
   2. You grant Best HD Wallpaper a worldwide, non-exclusive right to use your name, display name and Content in connection with Best HD Wallpaper's marketing and promotional activities without the payment of any compensation to you. Best HD Wallpaper, in the exercise of its discretion, may refrain from any or all of the foregoing without any liability to you.
   3. Best HD Wallpaper shall have the right, but not the obligation, to license all Content through any of Best HD Wallpaper’s brands and platforms to its customers for use in perpetuity in accordance with license agreements entered into by Best HD Wallpaper inluding but not limited to Best HD Wallpaper. Terms of Service License Agreements (collectively, "Licenses"). Best HD Wallpaper, in its sole discretion, shall determine which of its platform(s) or brand(s) offer any particular item of submitted Content.
   4. You understand that Best HD Wallpaper distinguishes between 'Free' and 'Premium' content categories. Contributors submitting 'Premium' content agree to exclusive licensing terms which allow Best HD Wallpaper to offer enhanced viewing and usage rights to paying subscribers. Premium content may not be distributed outside of Best HD Wallpaper's platforms without express written permission from Best HD Wallpaper. Free content is available to all users under standard licensing terms as previously outlined in this agreement.
   5. Choosing the 'Premium' content category grants contributors a higher degree of exposure and potential revenue from subscribers. However, such content may be subject to more stringent quality checks and exclusive licensing terms. Contributors opting for 'Free' content will receive standard royalties based on volume usage but may not be eligible for certain promotional campaigns.
   6. You acknowledge that your Content may be displayed and monetized across Best HD Wallpaper's mobile applications for Android and Apple devices, in addition to the website. The use of these applications increases your Content's exposure and potential revenue generation.

2. Ownership of Content

   1. The copyrights in all Content remain with the copyright owner, and nothing in the TOS shall be construed as a transfer of copyright to Best HD Wallpaper, subject to the licenses granted to Best HD Wallpaper and Best HD Wallpaper’s sublicensees. However, by submitting Content to Best HD Wallpaper, you expressly waive any artists' authorship rights or any droit moral that you would otherwise have under the laws of the Republic of Turkiye, Turkiye Copyright Act or similar laws of any jurisdiction, so that customers may use your Content in accordance with the Licenses issued by Best HD Wallpaper.
   2. Contributors grant Best HD Wallpaper a non-exclusive, sublicensable license to use, distribute, and display the Content through its platform. This arrangement allows Best HD Wallpaper to generate revenue through its operational activities, such as advertising, subscription services, and direct content licensing. Best HD Wallpaper serves as a platform facilitating the availability of Content and is not responsible for the content itself. Contributors are solely responsible for protecting their rights in the Content, including any moral rights, unless explicitly waived or transferred in writing. Best HD Wallpaper does not assume any liability for the protection, use, or compliance of the content with laws or third-party rights.

3. Releases

   1. You agree to provide valid and accurate model releases for all Content you contribute to Best HD Wallpaper that, in Best HD Wallpaper's judgment, contains an identifiable face or identifiable human figure or other identifiable attribute including, without limitation, voice, appearance, or likeness. You also agree to provide valid and accurate property releases to Best HD Wallpaper for all Content that requires such releases, which determination shall be made in Best HD Wallpaper's sole discretion. All releases shall be electronically delivered to Best HD Wallpaper with the Content.
   2. You agree that you are solely responsible for retaining all original releases and maintaining complete and accurate release records.
   3. The submission of falsified, inaccurate or otherwise defective releases is a material breach of the TOS. Releases submitted by you shall not contain any terms inconsistent with the TOS or contain any restrictions not contained in the Best HD Wallpaper releases located at the Best HD Wallpaper Legal Center.
   4. You agree that Best HD Wallpaper may furnish copies of releases to customers, as necessary, in order to respond to any potential or actual legal action, to comply with applicable laws, regulations, and/or union reporting requirements, or any other reason Best HD Wallpaper deems reasonable in its sole discretion.

4. Accounts

   1. You agree to provide true and complete information relating to your Best HD Wallpaper contributor account and Content, including but not limited to information relating to the date, location and equipment used in connection with creation of the Content; Please make sure that information relating to your Best HD Wallpaper account and content is true and complete.
   2. By opening a Best HD Wallpaper account, you express your consent to the Best HD Wallpaper Privacy Policy, which is incorporated herein by reference and governs Best HD Wallpaper's collection, processing, storage and transfer of the Content and data submitted by you, including data relating to you, your account, your Content or other information related to the foregoing ("Personal Data"). You agree that your Personal Data may be collected, processed, stored, and transferred to jurisdictions other than your home jurisdiction.
   3. Best HD Wallpaper has the right to refuse to establish an account or to close any existing account, for fraud, intellectual property infringement, violation of a third party's rights including those of privacy or publicity, artificially inflating downloads, submission of material that is obscene in nature, violent or that might be construed as defamatory, failure to comply with Best HD Wallpaper's guidelines as may be amended from time to time, for any breach of the terms of this or any other agreement that you have with Best HD Wallpaper, or for convenience.
   4. Best HD Wallpaper will terminate your account no later than ninety (90) days following its receipt of a written request from you. For the sake of clarity, before the termination of your account is made effective by Best HD Wallpaper, your Content will remain available for license by Best HD Wallpaper customers. Notwithstanding the foregoing, in the event that Best HD Wallpaper materially modifies the TOS and does not provide you with prior notice, you may terminate your account within thirty (30) days of the effective date of such modifications.
   5. Following the removal of any item of Content from Best HD Wallpaper, Best HD Wallpaper may amend any existing licenses to such Content for a reasonable period thereafter, for instance to support customers who may have previously activated a "comp" license.
   6. If your account is terminated for any reason, you must obtain written authorization from Best HD Wallpaper prior to establishing another account. You may not have more than one active contributor account at any time without the written consent of Best HD Wallpaper in each instance.
   7. You may not submit identical Content to more than one account without the prior written consent of Best HD Wallpaper.
   8. The misuse of Best HD Wallpaper services, including but not limited to manipulating downloads or views, unauthorized sharing of accounts, or attempting to access the platform via automated means, constitutes a breach of these terms and may lead to account termination.
   9. Best HD Wallpaper commits to maintaining the highest level of protection for your personal data. All data collected from contributors, including data used for business analytics and shared with third parties, will be handled in strict accordance with the Privacy laws of Turkey, General Data Protection Regulation (GDPR), California Consumer Privacy Act (CCPA), and other applicable privacy laws. Contributors have the right to access, amend, and request the deletion of their personal data through their account settings. You may refer to the Privacy Policy for more information on this section.

5. Content

   1. Best HD Wallpaper has the right to refuse to accept or to remove Content from the Best HD Wallpaper Websites for any reason. Best HD Wallpaper will remove Content if Best HD Wallpaper believes that such Content may (in Best HD Wallpaper's sole discretion) subject Best HD Wallpaper or any of its officers, managers, directors or employees to legal action or if the Content violates the TOS. Notwithstanding the foregoing and subject to Best HD Wallpaper's discretion, Content removed by you or opted out by you for any reason may be available for license to those customers that previously downloaded "comp" versions of the removed Content.
   2. Best HD Wallpaper shall use reasonable efforts to cause Content removed from or opted out from Best HD Wallpaper Websites to be removed from the websites of any Best HD Wallpaper affiliates or partners (including co-branded websites) within ninety (90) days of the removal of the subject Content from the Best HD Wallpaper Websites.
   3. Licenses issued by Best HD Wallpaper for any Content that is later removed from the Best HD Wallpaper Websites will remain in full force and effect in perpetuity.
   4. Best HD Wallpaper will not knowingly license model-released Content for use in contexts that are pornographic, defamatory or deceptive, or in a manner that could be considered libelous, obscene, or illegal in nature.
   5. Best HD Wallpaper may advertise and/or market your Content on social media platforms including Facebook, Instagram, Tumblr, Twitter, and similar sites and the applications related thereto.

6. Program Details

   1. Submission Process: Contributors must submit their content through the Best HD Wallpaper online submission portal. Each submission must adhere to specified technical standards, including resolution, file format, and metadata requirements. Detailed guidelines are available on our submission guidelines page.
   2. Content Review and Approval: Submitted content will undergo a review process where it will be evaluated for quality, relevance, and compliance with our content guidelines. Best HD Wallpaper reserves the right to reject content that does not meet our standards. Contributors will receive notification regarding the status of their submissions, including acceptance or rejection, within 30 days of submission.
   3. Rejection and Appeals: In cases of rejection, contributors will be provided with the reasons for rejection, and they may appeal the decision by submitting a written request along with additional information justifying the content's compliance. The appeal will be reviewed by a separate committee, and a final decision will be communicated within 15 days of the appeal submission.
   4. Program Termination: Best HD Wallpaper reserves the right to terminate the program or a contributor's participation in the program at any time, with notice. Upon termination, the contributor's content will be removed from active listings but may remain accessible under previously granted licenses as outlined in Section 4.e.
   5. Content Distribution: Submitted content will be displayed on Best HD Wallpaper’s websites and mobile applications for Android and Apple devices, ensuring broad exposure to potential customers.

7. Content Submission Guidelines

   You agree to follow Best HD Wallpaper's Contributor Guidelines, which are deemed incorporated herein and made a part hereof by this reference. The submission of Content that does not adhere to Best HD Wallpaper's Contributor Guidelines may result in the termination of your Best HD Wallpaper account.
   
   You agree to adhere to ethical content sourcing practices when submitting content to Best HD Wallpaper. This includes ensuring that all content is acquired or produced without violating intellectual property rights or engaging in exploitative practices.

8. Community Conduct Guidelines

   You agree to follow Best HD Wallpaper’s Community Guidelines when interacting with Best HD Wallpaper employees, other Best HD Wallpaper contributors, and third party users of Best HD Wallpaper’s websites, mobile applications, and social media accounts (the "Best HD Wallpaper Community"). Any activity by you when interacting with other members of the Best HD Wallpaper Community which does not adhere to Best HD Wallpaper’s Community Guidelines may result in the termination of your Best HD Wallpaper account. The terms of Best HD Wallpaper’s Community Guidelines are deemed incorporated into and made a part of the TOS by this reference. Please follow Best HD Wallpaper’s Community Guidelines when interacting with Best HD Wallpaper employees, other contributors, and community members You agree to engage in respectful and professional interactions on all Best HD Wallpaper platforms. This includes, but is not limited to, communications on forums, comments on content, and direct messages between members. Violations of this code may result in temporary or permanent suspension of account privileges.

9. Compensation

   1. Best HD Wallpaper shall pay you a royalty for each unique download of Content for which Best HD Wallpaper receives payment. The current royalty rates are detailed on the Earnings Schedule, which is incorporated by reference here. If a customer downloads the same item of Content more than once, you will be compensated for the first download only. Please be aware that there may be a delay in reporting downloads reflected in your Best HD Wallpaper contributor account.
   2. Royalty payments and accompanying statements will be issued monthly, approximately on the 28th day of each month, covering downloads from the previous month. Payments are processed automatically and do not require manual requests.
   3. A minimum payout of Twenty Five US Dollars (USD $20.00) per accounting period is required for disbursement. If your earnings do not meet this threshold, or if a valid payment account is not provided, your compensation will carry over to the next period. Should you cancel your account before reaching the Payout Minimum, you will forfeit any accrued royalties.
   4. If your account is terminated due to a violation of the TOS, Best HD Wallpaper reserves the right to retain any royalties or other compensation due as liquidated damages.
   5. The use of Best HD Wallpaper services to transfer or download your own Content for redistribution to a single customer or a small group constitutes a breach of the TOS. Engaging in such activities grants Best HD Wallpaper the right to terminate your account and withhold any unpaid royalties.
   6. In the event of refunds issued by Best HD Wallpaper, corresponding royalties will be deducted from your account. Similarly, credit card chargebacks will be treated as refunds.
   7. Should there be any overpayment of royalties or compensation to you, Best HD Wallpaper will adjust the overpaid amount by deducting from your accrued royalties or requesting a repayment.
   8. Royalties calculated as a percentage of the sales price will reflect the actual received sales price after deductions for refunds, cancellations, overpayments, taxes, duties, and other relevant charges. Should legal or regulatory restrictions affect the remittable amount, Best HD Wallpaper may adjust your royalties accordingly.
   9. Royalty payments will be processed via PayPal, our designated online payment system. You must not share your PayPal account with other Best HD Wallpaper contributors. Misuse of your account for downloading your own content or transferring content directly to customers is prohibited.
   10. Best HD Wallpaper reserves the right to assign its rights and obligations regarding royalties to affiliated global entities without affecting your rights to such royalties.
   11. Contributors may earn royalties from a share of advertising revenue generated through the platform, including income from Google AdMob, as part of the Revenue Share Program.

10. Referral Programs

    1. If you refer other content contributors to Best HD Wallpaper and the contributor identifies you to Best HD Wallpaper as the referring party pursuant to Best HD Wallpaper's referral program, you will be paid a royalty as set forth on the Earnings Schedule. Any referrer royalties credited to your account from a subscription that is later refunded or charged back to Best HD Wallpaper will be deemed to be an overpayment of royalties to you. Best HD Wallpaper reserves the right to withhold payments due to you under the Best HD Wallpaper referral program for up to 90 days from the date the referred contributor establishes its Best HD Wallpaper account.
    2. If you refer a new customer to Best HD Wallpaper, and that customer makes his or her first purchase of a single-user, self-service image or pack product, Best HD Wallpaper will credit your royalty account as specified on the Earnings Schedule. You will not receive a royalty for any renewals or subsequent purchases by the customer you referred. Any referrer royalties credited to your account from a subscription that is later refunded or charged back to Best HD Wallpaper will be deemed to be an overpayment of royalties to you. Best HD Wallpaper reserves the right to withhold payments due to you under the Best HD Wallpaper referral program for up to 90 days from the date of the customer’s eligible first purchase.

11. Best HD Wallpaper Trademarks

    1. For the purposes of the TOS, the term, "Trademark(s)" means all common law or registered trademarks, logos, service marks, trade names, Internet domain names, or other indications of origin now or in the future used by Best HD Wallpaper.
    2. Nothing contained herein grants or shall be construed to grant you any rights to use any Best HD Wallpaper Trademarks.
    3. You agree that you will not use Best HD Wallpaper's Trademarks in any manner that might tarnish, disparage, or reflect adversely on such Trademarks or Best HD Wallpaper. Nor will you contest or otherwise challenge (e.g., in any legal action or otherwise), or assist or encourage any other person or entity to contest or challenge, the validity of any of Best HD Wallpaper Trademarks or the Trademark rights claimed by Best HD Wallpaper.
    4. You agree that you will not use any Best HD Wallpaper Trademarks or any variant thereof including misspellings) as a domain name or as part of a domain name regardless of the top-level domain, as part of a blog name or social media handle or channel, or as a metatag, keyword, or any other type of programming code or data.
    5. You may not at any time, adopt or use, without Best HD Wallpaper's prior written consent any word or mark which is similar to or likely to be confused with Best HD Wallpaper's Trademarks.
    6. The look and feel of the Best HD Wallpaper Websites, including all page headers, custom graphics, button icons, and scripts, is the trade dress and/or trademark or service mark of Best HD Wallpaper and may not be copied, imitated or used, in whole or in part, without the prior written consent of Best HD Wallpaper.

12. Copyright Infringement Claims

    1. You hereby grant Best HD Wallpaper the right and authority to take such steps as Best HD Wallpaper deems commercially reasonable to protect Best HD Wallpaper's rights in the Content.
    2. In the event that you believe that a Best HD Wallpaper license to your Content is being misused, you shall take no action against a Best HD Wallpaper licensee without providing notice of such misuse to Best HD Wallpaper and receiving Best HD Wallpaper's prior written consent to such action.
    3. If you would like to submit a notification of alleged infringement for Content on the Best HD Wallpaper site, please send us a DMCA takedown notice pursuant to our DMCA Policy.
    4. While Best HD Wallpaper takes commercially reasonable steps to ensure that the rights of its Contributors are not violated by customers or other parties, Best HD Wallpaper has no obligation to pursue legal action against any alleged infringer of any of your rights in and to any Content.
    5. In the event Best HD Wallpaper receives a complaint about your Content, Best HD Wallpaper may suspend access to such Content and terminate your account, pursuant to our DMCA Policy.
    6. If you knowingly or repeatedly submit false copyright infringement claims and takedown notices to Best HD Wallpaper, Best HD Wallpaper reserves the right to disable or delete your account with no further notice to you.
    7. If any dispute arises concerning the use or registration of your intellectual property by another party on our platform, you agree to notify us promptly so that we may assess the situation and take appropriate action. Both parties agree to participate in good faith negotiation to resolve any such disputes before resorting to litigation.

13. Representations and Warranties

    You represent and warrant that:

    1. you have the full right, power and authority to enter into this agreement and to fully perform all of your obligations hereunder;
    2. you are under no legal disability or contractual restriction that prevents you from entering into this agreement;
    3. you are at least 18 years of age;
    4. the Content and all parts thereof are owned and/or controlled by you, unencumbered and original works and are capable of copyright protection in all countries where copyright or similar protection is available;
    5. if the Content consists in whole or in part of design elements, fonts, clipart, sprites, vectors, brush tools and the like that are included in design programs (e.g., Photoshop, Daz, Illustrator), the end user license agreement, terms of service or the equivalent license held by you permits you to incorporate such elements in Content created by you, and to license such Content to Best HD Wallpaper for the purposes set forth herein.
    6. the Content is neither obscene nor defamatory, does not violate any applicable laws and/or regulations, and does not infringe the copyright or any other rights of any third party, including, without limitation, trademark rights and the rights of privacy and publicity.
    7. there is no suit action or claim or other legal or administrative proceeding now pending or threatened which might directly or indirectly affect the Content or which might in any way impair the rights granted by you hereunder; and
    8. you will not transmit unsolicited emails or engage in so-called "spamming" to publicize or promote your relationship with Best HD Wallpaper or the sale of your Content - nor will you falsely advertise or deceptively publicize your relationship with Best HD Wallpaper in a manner that mischaracterizes or implies sponsorship, endorsement, employment or any other affiliation that exceeds the actual scope of your relationship to Best HD Wallpaper, nor will you use Best HD Wallpaper's Trademarks through the use of search engine advertising and/or marketing.
    9. You are not subject to any economic sanctions or trade embargoes ("Sanctions") and you are not included on any sanctions list in the United States, United Kingdom, Canada, or the European Union, including, but not limited to the List of Specially Designated Nationals and Blocked Persons or the Foreign Sanctions Evaders List maintained by the TURKEY Treasury Department’s Office of Foreign Assets Control ("TCMB"). You shall promptly notify Best HD Wallpaper if you become the target of any Sanctions.
       
       Best HD Wallpaper represents and warrants that:
    10. it has the power and authority to enter into this agreement and to fully perform all of its obligations hereunder; and m. upon making or learning of any claim that is inconsistent with any of the warranties or representations made by you, Best HD Wallpaper may send you written notice of such claim, using the email address provided by you to Best HD Wallpaper, specifying the details of the claim as then known to Best HD Wallpaper.
    11. Pending the determination of such claim, Best HD Wallpaper may withhold from royalties and/or other compensation due to you hereunder, such sums as are reasonably related to the probable value of the claim as determined by Best HD Wallpaper.
    12. You will cooperate fully with Best HD Wallpaper in the defense of any such claims. You may participate in the defense of any claim through counsel of your selection at your own expense.

14. Confidentiality

    By submitting any Content to Best HD Wallpaper, you acknowledge that you will acquire certain confidential and proprietary information, including but not limited to royalty rates, royalty payments and earnings data (collectively, "Confidential Information"). You agree to keep Confidential Information confidential and to not disclose Confidential Information to any third party other than representatives, agents, attorneys, accountants, auditors and advisors with a bona fide need to know, who shall first agree to keep the terms confidential.

15. Indemnification

    1. You agree to indemnify and hold Best HD Wallpaper, its subsidiaries, affiliates, directors, officers, and employees harmless from and against any and all claims, losses, damages, costs and expenses (including reasonable attorneys' fees and disbursements) arising out of any breach or claimed breach of any of your representations or warranties or any of your obligations under the TOS. You will only be liable for any incidental, consequential, or special damages in the case of third party claims.
    2. Best HD Wallpaper shall indemnify and hold you harmless from and against any and all claims, losses, damages, costs and expenses (including reasonable attorneys' fees and disbursements) arising out of any breach or claimed breach of any of Best HD Wallpaper's representations or warranties or any of Best HD Wallpaper's obligations pursuant to the TOS. Best HD Wallpaper will only be liable for incidental, consequential, or special damages in the case of third party claims.
    3. If Best HD Wallpaper is the indemnifying party, it shall defend such claims, control litigation, and settle claims in its sole discretion. If a settlement creates a financial obligation for you, it shall require your written consent, which you will not unreasonably withhold or delay. If you are the indemnifying party, Best HD Wallpaper shall have the right but not the obligation to assume control of any litigation.
    4. When indemnification is sought due to a legal claim by a third party, the indemnified party shall:
       1. promptly notify the indemnifying party of the claim. If the indemnified party does not notify the indemnifying party, the indemnifying party must still meet its indemnification obligations under the TOS, unless the failure to notify causes material prejudice to the indemnifying party; and
       2. give the indemnifying party the opportunity to defend the claim with counsel reasonably acceptable to the indemnified party. Counsel that is acceptable to indemnifying party's errors and omissions insurance carrier shall be deemed to be acceptable to indemnified party. The indemnified party agrees to cooperate with the indemnifying party in the defense of any claim, at the indemnified party's expense. If for any reason the indemnifying party does not elect to or fails to defend a claim, the indemnified party may do so at the indemnifying party's sole expense

16. Dispute Resolution & Arbitration

    1. This "Arbitration Agreement", which is governed by the the Republic of Turkiye. , is intended to be as broad as legally permissible, and, except as it otherwise provides, applies to all claims or controversies, past, present, or future, that otherwise would be resolved in a court of law or before a forum other than arbitration, and applies to any claim Best HD Wallpaper has against you or any claim you have against Best HD Wallpaper, and/or its agents and employees—all of whom or which may enforce this Arbitration Agreement. All disputes covered by this Arbitration Agreement will be resolved by final and binding arbitration and not by way of court or jury trial.
    2. Any controversy or claim arising out of or relating to this TOS, or the breach thereof, and/or the Best HD Wallpaper Websites shall be settled by binding individual (not class) arbitration administered under the then current Commercial Arbitration Rules of the Consumer Arbitration Committee ("CAC Rules") (the CAC Rules are available via the internet at https://ticaret.gov.tr/tuketici/tuketici-hakem-heyetleri/basvuru-formlari or by using a service such as Google to search for "CAC Commercial Arbitration Rules".); provided however, that if there is a conflict between the CAC Rules and this Arbitration Agreement, this Arbitration Agreement shall govern.
    3. As stated below, the relationship of the parties is that of independent contractor. There is no relationship of partnership, joint venture, employment, franchise or agency created hereby between the parties. To the extent, however, you allege any employment relationship between you and Best HD Wallpaper, any such claim or dispute arising out of or related to such claim, including without limitation, claims or disputes arising out of or related to your application and selection for alleged employment, alleged employment, and/or termination of alleged employment shall also be subject to arbitration and is covered under this Arbitration Agreement, and including without limitation, statutory and common law claims for wages, overtime and other compensation or monies due, and claims for discrimination, harassment, or retaliation. Any claims alleging an employment relationship shall be administered by the Consumer Arbitration Committee, and except as provided in this Arbitration Agreement, will be under the then current Employment Arbitration Rules of the CAC ("CAC Employment Rules") (the CAC Employment Rules are available via the internet at https://ticaret.gov.tr/tuketici/or by using a service such as Google to search for "CAC Employment Arbitration Rules".); provided however, that if there is a conflict between the CAC Employment Rules and this Arbitration Agreement, this Agreement shall govern.
    4. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the validity, applicability, enforceability, unconscionability or waiver of this Arbitration Agreement, including, but not limited to any claim that all or any part of this Agreement is void or voidable. However, the preceding sentence does not apply to the Class Action Waiver, and any dispute relating to the validity, applicability, enforceability, unconscionability or waiver of the Class Action Waiver may only be decided by a court of competent jurisdiction and not by an arbitrator.
    5. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets. Unless prohibited by applicable law, the place of arbitration shall be the Kayseri Courts of the Republic of Turkiye; except for claims alleging and or arising out of or related to any alleged employment relationship, which shall be conducted in or near the location and in the state where you reside. There shall be one arbitrator selected under the applicable CAC Rules. Unless prohibited by applicable law or the applicable CAC Rules, each party shall bear its own costs in the arbitration, and any disputes regarding apportionment of fees and costs shall be decided by the arbitrator. This Arbitration Agreement does not apply to any disputes that an applicable federal statute expressly states cannot be arbitrated or subject to a pre-dispute arbitration agreement.Both parties agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; and (ii) any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack). This arbitration provision will survive termination of this TOS.
    6. You and Best HD Wallpaper agree to resolve any claims through binding individual arbitration and not through litigation.
    7. CLASS ACTION WAIVER. YOU AND BEST HD WALLPAPER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. Unless both you and Best HD Wallpaper agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. You and Best HD Wallpaper acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable disputes under this TOS.

17. Electronic Communications Delivery

    1. You agree and consent to receive all communications, agreements, documents, notices and disclosures (collectively, "Communications") that Best HD Wallpaper provides in connection with your Content and your account. Communications include agreements and policies you agree to, updates to these agreements or policies, account statements, tax statements, and any other information relating to your Content and your Account. Best HD Wallpaper will provide Communications to you by posting them on the Best HD Wallpaper website or by email at the primary email address on file in your Best HD Wallpaper Contributor Account.
    2. In order to access and retain electronic Communications, you will need a computer or mobile device with an Internet connection, a Current Version (as defined hereinafter) of a web browser; a Current Version of a program that accurately reads and displays PDF files; a valid email address (your email address on file with Best HD Wallpaper in your Contributor Account); and sufficient storage space to save past Communications or an installed printer to print them. We will notify you if there are any material changes to the hardware or software needed to receive electronic Communications. "Current Version" refers to a version of the software that is currently being supported by its publisher. We reserve the right to discontinue support of a Current Version of software if, in our sole opinion, it suffers from a security flaw or other flaw that makes it unsuitable for use with Best HD Wallpaper’s products and services.
    3. By giving your consent you are confirming that you have access to the necessary equipment and are able to receive, open, and print or download a copy of any Communications for your records. You may print or save a copy of these Communications for your records as they may not be accessible online at a later date.
    4. You may withdraw your consent to receive Communications electronically by writing to us at "Best HD Wallpaper. Attn: Electronic Communications Delivery Polic, "Kazim Karabekir Mah. Varinlioglu cad. Cilem Ap. No : 39A / 7 Melikgazi / Kayseri / Turkiye ", by contacting Best HD Wallpaper Support . Your withdrawal of consent will become effective after we have had a reasonable opportunity to act upon it. After you consent to receive Communications electronically, you may withdraw your consent to receive tax forms electronically by contacting us as described above. You will continue to receive all your other Communications electronically.
    5. If, after you consent to receive Communications electronically, you would like a paper copy of a Communication we previously sent you, you may request a copy within 180 days of the date we provided the Communication to you by contacting us as described above. We will send your paper copy to you by Turkiye mail. In order for us to send you paper copies, you must have a current street address on file in your Contributor Account. If you request paper copies, you understand and agree that Best HD Wallpaper may charge you a Records Request Fee for each Communication.
    6. It is your responsibility to keep your primary email address up to date so that Best HD Wallpaper can communicate with you electronically. You understand and agree that if Best HD Wallpaper sends you an electronic Communication but you do not receive it because your primary email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, Best HD Wallpaper will be deemed to have provided the Communication to you. You can update your primary email address or street address at any time by updating the information on file in your "Contributor Account Settings".

18. Miscellaneous

    1. The relationship of the parties is that of independent contractors. There is no relationship of partnership, joint venture, employment, franchise or agency created hereby between the parties.
    2. The TOS contains the entire understanding of the parties with respect to the subject matter covered herein and supersede any prior agreements with respect to such subject matter.
    3. The validity, interpretation and enforcement of the TOS, matters arising out of or related to the TOS or its making, performance or breach, and related matters shall be governed by the internal laws of the Republic of Turkiye (without reference to choice of law doctrine). Subject to the Arbitration Agreement above, any legal action or proceeding concerning the validity, interpretation and enforcement of the TOS, matters arising out of or related to this TOS or its making, performance or breach, or related matters shall be brought exclusively in the courts of the Republic of Turkiye in the Kayseri Courts of the Republic of Turkiye, and all parties consent to the exclusive jurisdiction of those courts, waiving any objection to the propriety or convenience of such venues.
    4. If any individual term of the TOS is found to be invalid or unenforceable by any legal or regulatory body of competent jurisdiction, or arbitration as applicable, such finding will be limited solely to such invalid or unenforceable part, without affecting the remaining parts of such individual term, or any other part of the TOS, so that the TOS shall otherwise remain in full force and effect. The TOS shall be binding upon and shall inure to the benefit of each party and their respective legal representatives, successors in interest and permitted assigns.
    5. Best HD Wallpaper will not be liable for any damages, including actual, indirect, special, or consequential damages arising from the submission or use of your Content, either by Best HD Wallpaper or any sublicensee thereof, or the termination of your Contributor Account. You expressly consent to all the potential uses of your content contemplated hereby, and have no right to demand any particularized compensation arising from any individual or aggregate usage.
    6. Please note that Best HD Wallpaper reserves the right to modify these terms at any time in its sole discretion, it being understood that no changes shall apply to any pending arbitration proceeding commenced or legal claims asserted prior to such change. Best HD Wallpaper will notify you of any such change by an announcement on this page, your login page, and/or by other means to provide you the opportunity to review the modifications before they become effective. Modifications to these TOS will not apply retroactively. By continuing to make Content available through Best HD Wallpaper, you agree to be bound by all such changes. If you do not agree with any of the changes, please remove from Best HD Wallpaper, pursuant to the terms herein, all or that portion of your Content to which you do not wish the changes to apply.
    7. In the event that you breach any of the terms of this or any other agreement with Best HD Wallpaper, Best HD Wallpaper shall have the right to terminate your account without further notice, in addition to Best HD Wallpaper's other rights at law and/or equity. h. It is expressly understood and agreed that this TOS is entered into solely for the mutual benefit of the parties herein and that no benefits, rights, duties, or obligations are intended by this TOS as to third parties.
       
       By submitting any content to Best HD Wallpaper and/or by participating in the forums, you agree to be bound by this TOS, and Best HD Wallpaper's Website Terms of Use and Best HD Wallpaper's Privacy Statement, both of which are deemed incorporated herein by this reference.
    8. Notifications of Changes: Updates to these Terms of Service will reflect changes in revenue-sharing models, including the addition of advertisement revenue from mobile applications, which will be communicated via announcements on this page, your login page, and/or by email.