Welcome to our website, www.freeofficebackgrounds.com (the “Site”)! We want to make sure the terms of our relationship are clear, so this page outlines the Terms of Service (“TOS”) under which the Site is provided to you.

Our TOS also incorporates our Privacy Policy, which governs how we gather and use your personal information. Please read our TOS and the Privacy Policy carefully. By using or accessing the Site and Services, you agree to be legally bound by the TOS and Privacy Policy. If you're unwilling to be bound by our TOS and Privacy Policy, please do not use or access the Site or Services.

I. OUR SITE

Summary of Our Services. The Site includes a free automated imaging tool that allows users to upload their company logo and brand images (“Assets”) to auto-generate a gallery of virtual meeting backgrounds (“Content”) for their personal use. Users can also edit the Content by resizing or moving their uploaded image within the provided editor, and then download their desired custom Content from the gallery.

How it Works. On the Site Users can upload brand images and logos to generate custom virtual meeting background image previews. Users can then download the images they select as png formatted files. You are responsible for ensuring that you comply with the all applicable laws, rules and agreements with third parties.

You may upload Assets which contain or incorporate a third party's artwork, but only if you have that third party's explicit written permission to use it. To be clear, if you use the Site to make another’s artwork available, or you use another's artwork to create Content, you represent and warrant that you have the explicit written permission to use that artwork and to license that artwork for others to use.

Intended Purpose of the Site and Services. The Site is intended to allow users to upload brand images and logos to generate custom virtual office meeting backgrounds and use that Content as the background image for video meetings (the "Intended Purposes").

II. REQUIREMENTS FOR YOU TO USE THE SERVICES

Use the Site only for the Intended Purpose. As one of the conditions of your use of the Site, you represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Site for anything other than the Intended Purpose, or for any purpose or in any manner that is prohibited by our TOS or by applicable law. It is your responsibility to ensure that your use of the Site complies with our TOS.

Comply with laws in your jurisdiction. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws of your jurisdiction regarding the transmission of technical data exported from the United States or the country in which you reside.

All users must be over the age of 18. ou must be 18 years old or older to use or access the Site. Any use or access to the Site by anyone under 18 is strictly prohibited and in violation of these TOS. By using or accessing the Site, you represent and warrant that you are over the age of 18 and have the full right, power and authority to enter into the TOS and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into the TOS.

Prior prohibited users are not allowed. The Site and Services may not be used by anyone we previously prohibited from using the Site or Services.

Acceptable Use of the Site and Services. You agree that you will NOT:

• Use the Site or Services if you are under the age of 18.
• Upload or link to unlawful, harmful, abusive, harassing, defamatory, vulgar, obscene, pornographic, hateful, or otherwise objectionable content.
• Promote illegal activities or provide instructions for illegal activities.
• Exploit images of children under 18 or disclose their personal information.
• Harm minors or make any sexual requests involving minors.
• Stalk, impersonate, or misrepresent your affiliation with any person or entity.
• Transmit content that you don't have the right to share or that facilitates hacking.
• Infringe on any intellectual property rights.
• Send unsolicited advertising, “spam,” or engage in any form of solicitation.
• Transmit software viruses or any other harmful computer code.
• Use automated means to download data or interfere with the Site’s functionality.
• Sell or commercially use data obtained from the Site.
• Engage in prohibited activities like scraping, excessive automated requests, or disrupting networks.
• Violate any applicable laws or post false or misleading information.
• Disobey Site employees or representatives.
• Use the Site’s software without proper authorization.
• Act offensively or contrary to the spirit of these terms.
• Post mean or discourteous comments.
• Interfere with or disrupt the Site, Services or servers or networks connected to the Site or Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Site or Services.
• Advertise or sell items such as firearms, explosives, unsafe food or beverages, tobacco products, controlled substances, counterfeit or stolen goods, non-existent goods, or any items that infringe the rights of others.

Removing Content and Access. You acknowledge and agree that we may terminate your access to the Site, or any portion thereof, for violating these TOS. To be clear, your access to the Site, and therefore your access to the Content, may be terminated or blocked at any time if you violate these TOS.

III. USER CREATED CONTENT

Content. We do not make any guarantees or warranties that the Content available to you is free from defects, does not infringe on another’s intellectual property rights, will suit your purposes, or will be always available (See Section VI for the complete list of warranties and disclaimers, all of which apply to the Content).

Downloading and Risk of Loss; Availability of Digital Content.  You bear all risk for any loss of Content you have downloaded or saved through the Site, including any loss due to a computer or hard drive crash.

IV. INTELLECTUAL PROPERTY RIGHTS

Our Intellectual Property.  Our Site, including but not limited to text, graphics, images, logos, buttons, icons, software and the overall "look" and "feel" of our platform, and Site, are the sole property of Design Huddle, LLC (“DH”), and are DH’s protected patents, copyrights, trademarks, and service marks (the “DH IP”). Content which is not created by DH, and all other third-party product and service marks, are the trademarks and copyrights of their respective owners. Unauthorized use of the DH IP may violate copyright, trademark and other laws. You may not reproduce, modify, display, sell, or distribute the DH IP unless you have DH’s express, written consent.

User's Intellectual Property.  You represent and warrant that:

• All Assets that you upload/provide/create through the Site do not and will not violate third-party rights of any kind, including without limitation third-party copyrights, trademarks, or rights of privacy or publicity.
• Your Assets does not violate the terms of these TOS, and fall within the Acceptable Uses of the Site as set forth in Section 1 of these TOS.
• There is no suit action or claim or other legal or administrative proceeding now pending or threatened which might directly or indirectly affect any of the Assets you have uploaded/provided/created or which might in any way impair the rights granted by you under these TOS.
• If your Assets use or incorporate (i) any artwork created by other users or (ii) any artwork created by third parties, you represent and warrant that you have written permission to use and license such artwork.

Third Party Intellectual Property. We use several third parties to make certain features of the Site available to you, including but not limited to Amazon for server and storage services. You agree to be bound by these third party licenses of software or content, and you further agree to abide by the terms of use and privacy policies of any such third party software or content.

Your License Grant to us. By uploading, creating, sharing and/or providing Assets through the Site, you expressly grant, and you represent and warrant that you have all rights necessary to grant to us a world-wide, non-exclusive, sublicensable, transferable, perpetual and irrevocable license to use, reproduce, modify, list information regarding, edit, translate, distribute, and make derivative works of all such Assets and any name, voice, and/or likeness as contained in such Assets, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Site and our business.

V. MONITORING AND SECURITY

Monitoring. We have no obligation to monitor the Site, or prevent parties not under our control from obtaining information about you. You acknowledge and agree that we have the right to monitor the Site electronically from time to time and to disclose any information that we deem necessary to satisfy any law, regulation or other governmental request, to operate the Site properly, or to protect itself or its users, affiliates, partners and contracted parties, as discussed in further detail in our Privacy Policy.

Security. While we take the security of our Site very seriously, we cannot ensure or guarantee the security of the Site. It is therefore recommended that the Site not be used for the transmission of confidential information. Any such use shall be at your sole risk, and we and our affiliates and related companies shall be relieved of all liability in connection therewith.

VI. INDEMNIFICATION, LIMITATIONS OF LIABILITY & WARRANTIES

Indemnification By using the Site you agree to defend, indemnify and hold harmless us, DH, and our officers, directors, employees, agents and attorneys (collectively defined as “the Providing Parties”) from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your breach of these TOS, your breach of any representations or warranties in these TOS, infringement of another’s intellectual property rights, and your conduct while using the Site.

Release and Limitations of Liability. You agree to release the Providing Parties from any claims, demands and damages (actual, consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with these TOS, the Content, and/or your use of the Site. IN NO EVENT SHALL THE PROVIDING PARTIES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, INCOME, OR DAMAGES RESULTING FROM LOST DATA, INACCURATE INFORMATION, OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THE SITE AND/OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE PROVIDING PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF THIS EXCLUSION OR LIMITATION OF LIABILITY IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN OUR MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SITE.

Warranties. By entering into these TOS, you acknowledge and agree that we make no warranties of any kind relating to the Site or any data or content available through the Site, including but not limited to the Content. Furthermore, nothing on the Site shall be considered an endorsement, representation, assumption of responsibility or warranty with respect to any third party, whether in regards to their website, products, technologies, services, business practices or otherwise. THE PROVIDING PARTIES DO NOT WARRANT THAT THE SITE, OR THE CONTENT AVAILABLE THROUGH THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE OR THE PROVIDING PARTIES’ SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITE OR THE CONTENT AVAILABLE THROUGH THE SITE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, YOU ACKNOWLEDGE AND AGREE THAT THE PROVIDING PARTIES ARE NOT RESPONSIBLE FOR THOSE COSTS. YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE SITE AND THE INTERNET IN GENERAL. THE SITE AND CONTENT AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE PROVIDING PARTIES, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE PROVIDING PARTIES MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT, SITE, SERVICES, SOFTWARE, TEXT, GRAPHICS AND LINKS.

Limitation of Actions. You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, or relating to, your use of the Site must be filed within one (1) year after such claim or cause of action arises, or forever be barred.

Communications to Us. You may contact us at support@designhuddle.com . If you contact us, you agree that if you have ideas regarding improvements or additions to us, we would like to hear them -- but any submission will be subject to these TOS. UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY IDEA OR RELATED MATERIALS TO US BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING THE IDEA AND/OR ANY RELATED MATERIAL TO US, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA OR ANY RELATED MATERIALS AND ARE REPRESENTING AND WARRANTING TO US THAT THE IDEA AND/OR RELATED MATERIALS ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE IDEA AND/OR MATERIALS AND THAT WE ARE FREE TO IMPLEMENT THE IDEA AND TO USE THE MATERIALS IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY US, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.

VII. GENERAL PROVISIONS

No Warranty for Access outside the USA. The Content and Site may not be appropriate or legal to be viewed by certain persons or in certain countries. If you access the Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

Partial Validity. If any provision of our TOS is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of our TOS, which shall remain in full force and effect. No waiver of any term of these TOS shall be deemed a further or continuing waiver of such term or any other term.

Equitable Relief. These TOS is governed by the laws of the State of Oregon without respect to its conflict of laws principles. Jurisdiction for any claims arising out of or relating to these TOS shall lie exclusively with the state or federal courts in Bend, Oregon.

Entire Agreement. Except as expressly provided in a particular Legal Notice, or other notice published through the Site, these terms represent the entire binding agreement between us, and our respective successors and assigns, and supersede any and all prior understanding, statements or representations, whether electronic, oral or written, regarding the Site.

Changes. We may change the terms of these TOS from time to time, and we recommend that you check these terms frequently to verify any changes that may have taken place. In the event we make a material change or modification to these TOS, we will provide you with notice in advance of such change by highlighting the change for ten (10) days on our homepage at www.freeofficebackgrounds.com. You agree that your ongoing use of the Site is an agreement to the terms and conditions in effect as of the latest time that you have used the Site.

Digital Admissibility. You hereby agree that a printed version of these TOS, and any other notice given in electronic form which is related to these TOS, or the Site, shall be admissible in judicial or administrative proceedings and subject to the same conditions as other agreements, business documents or records originally generated, entered into, signed or maintained in printed form.