WordsEye Terms of Service

These terms of service ('Terms of Service'), current as of February 15 2014, constitute a legal agreement ('the Agreement') between you, the user ('the User') and Wordseye Inc. Your enjoyment of the Site is important to us. Please read the Terms of Service carefully. They contain the legal terms and conditions provided to you by WordsEye and are a binding agreement, just as if you had signed the agreement.

By accessing the domain wordseye.com and using any service, you acknowledge that you have read, understand, and agree to become bound by the terms of this agreement, including the terms of use of content, limited warranty, exclusion of liability and any guidelines or future modifications. If you do not agree to the terms of service, the privacy policy or other posted guidelines, do not use the web site


To make it easy to understand our Terms of Service, we have summarized all important points in the left column. The right column contains the full text of the WordsEye Terms of Service, which is legally binding.

Provided Service

  • WordsEye is an online platform that allows its users the ability to create 3D scenes using language, incorporate their own content, and share the result with others.
  • We do not guarantee that this service will be available permanently.
WordsEye Inc. ('us', 'we' or 'WordsEye') offers multi-user online content creation and sharing service ('the Service'). Access to the Service is available from the domain www.wordseye.com ('the Site').
WordsEye reserves the right to modify, interrupt or discontinue the Service with or without notice for any reason or no reason and you agree that WordsEye will not be liable for any modification, interruption or suspension of the Service or reimbursement of any fee.

Privacy Policy

The WordsEye Privacy Policy is hereby incorporated into these Terms of Service by reference. Please read the policy carefully for details relating to the collection, use, and disclosure of your personal information.

Proprietary Rights

  • All IP rights content on our website, including copyrights and trademarks is owned by WordsEye and may only be used as defined in this document. WordsEye reserves all rights on this content.
  • You may not download, use, copy, modify, or distribute any content on this site except where granted to you by us.
  • We can affix trademark watermarks to anything on this site. You may not remove these.
The intellectual property rights (including without limitation copyright, software and database rights, design, and the trade marks WordsEye™, Type a Picture™, Watch your Language™ and the WordsEye Watch your Language logo in the material, information and computer files on the site are owned by, or are otherwise licensed to, WordsEye. Nothing in these terms and conditions transfers to you any rights of ownership of such intellectual property rights or constitutes a license to use such intellectual property rights other than to the extent expressly set out in these terms and conditions. WordsEye reserves the right to affix any of the WordsEye trademarks, copyright notices if applicable, and the domain name www.wordseye.com, to any of the content on the Site, specifically, but not limited to, 2D renderings of 3D scenes, storybooks, and animations.

You may copy materials existing or generated on the WordsEye site for personal, non-commercial use only. You may download and distribute such materials where expressly indicated. You may not otherwise modify, distribute or reproduce materials in any manner and for any other use without the prior written consent of WordsEye. You may not remove any digital watermarks, product identification, trademarks, copyright notices or other notices from the materials or any copies you may have made for your own personal use.

Any unauthorized downloading, use, copying, modification or distribution of the materials may be in breach of statutory or common-law rights, which may be the subject of legal action.

WordsEye reserves all rights not expressly granted.

Requirements and Responsibilities for Users

  • You must be 13 or older to use WordsEye.
  • If you register for a User Account you guarantee to provide correct information, and keep your account information up to date. You alone are responsible for any acitivy that occurs using your account.
  • You may not use WordsEye for any illegal activities.
  • You may not upload any content that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate.
  • You may not upload any content that violates someone elses rights, including copyright, privacy, and publicity rights.
  • We do not endorse any user content on this site and we do not assume responsibility for anything you upload.
  • You assume all risks of using WordsEye.
    • You accept that we have limited control over other users content and user behavior. Some content may be threatening, defamatory, obscene, offensive or illegal in some jurisdictions.
    • We are not responsible for any links that leave the WordsEye website.
    • While we do our best to keep the WordsEye website a safe environment, We are not responsible for any damage that occurs to your hardware or software as a result of using the site.
  • We may terminate your account at any time for any reason.
  • If your account is terminated for any reason you may not re-register.
Eligibility and Requirements to Use the Service: The Service and the Site are not intended for children under the age of 13 and WordsEye does not target or knowingly collect personally identifiable information from children under the age of 13, who should not create a user account, are not eligible to enter any contest, event or promotion and are asked not to provide any personal information of any kind on or through the Site, or to us. Even though we will not knowingly accept any interactions from anyone under the age of 13, if a parent or legal guardian discovers that their child under the age of 13 has provided us with personally identifiable information you can notify us and we will remove the information as soon as is practical.

To access most of the functionality of the Service you need to register a User Account.

If you register a User Account, you agree to provide accurate and complete answers to questions in the registration form. After registering, you agree to update your account information to keep it current. Furthermore, you agree to safeguard the security of your User Account password and not let anyone else access the site using your details. You are responsible for any activity that occurs using your User Account.

If you had a User Account that was terminated by us you are not eligible to re-register.

Illegal Activities: All services provided by WordsEye may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any United States federal, state or city law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening, offensive, or obscene, or material protected by trade secret and other statute. Links to such materials are also prohibited. The subscriber agrees to indemnify and hold harmless WordsEye and its officers and employees from any claims resulting from the use of service, which damages the subscriber or any other party.

Responsibility for Uploaded Content: You are solely responsible for the texts, photos, images, textures, 3D models, profile information (including your name, username, and profile picture), forum and instant messages, notes, and other content ('User Content') that you enter on the site, upload, publish on the Site, or share with other WordsEye users. You understand that whether or not such User Content is posted, WordsEye does not guarantee any confidentiality. You understand and agree that WordsEye may, but is not obligated to, review the Site and may delete or remove Content in its sole discretion, for any reason. You alone are responsible at your own cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to WordsEye.

In connection with the User Content you upload, you affirm, represent and warrant that you will not (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant WordsEye all of the licensed rights granted in this agreement; (ii) publish falsehoods or misrepresentations that could damage WordsEye or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate.

In no event shall you represent or suggest, directly or indirectly, WordsEye's endorsement of User Content.

Risks of Using the Service: By using our Service, you assume all associated risks.

WordsEye is a service provider that may allow people to interact online regarding topics and content chosen by users of the service, and that users can alter the service environment on a real-time basis. WordsEye does not generally pre-screen, investigate, or monitor, the materials, User Content, or communications transmitted by each user or check such materials for accuracy, appropriateness, or completeness. As a result WordsEye has very limited control over and does not vouch for, the quality, safety, morality, legality, truthfulness or accuracy of various aspects of the Service. While we may choose to monitor and take action upon inappropriate material, it is possible that some of the texts, images, 3D scenes, photos, user profiles, and other content, accessible through the site may be inappropriate, offensive, or deceptive to some users. WordsEye is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another’s rights, including intellectual property rights. You specifically agree that WordsEye is not responsible for any content transmitted using and/or included in the Site by any third party.

WordsEye does not take any responsibility or assume any liability for any actions you may take as a result of seeing User Content on our Site.

WordsEye does not endorse any User Content or any opinion, recommendation, or advice expressed therein. Specifically, but without limitation, the use of any 3D model, including branded products, in WordsEye scenes is done completely at the discretion of users and in no way constitutes or implies an endorsement, recommendation or favoring by Wordseye.

WordsEye expressly disclaims any and all liability infringing activities and infringement of intellectual property rights on the Site. WordsEye will remove any User Content if properly notified that such User Content infringes on another's intellectual property rights.

The Site contains or may contain links to other web sites ('Third Party Sites') as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (collectively, the 'Third Party Applications, Software or Content'). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us. We are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.

Termination of User Accounts: WordsEye reserves the right to refuse or limit service to anyone and to terminate user accounts at our sole discretion. If the termination is the result of a violation of these Terms of Service or other agreements between the user and WordsEye, WordsEye must not repay any fees or other payments made by the user. The terminated user retains the rights and liabilities defined herein and in the Privacy Policy and in all other agreements.

Uploaded User Content

  • If you type text into WordsEye or upload images or 3D models you grant WordsEye a general license to store and use that content indefinitely and for any purpose.
  • You also, in general, allow other Users of the Site to use your content in derivatives (3D scenes), but you may use privacy settings on the site to limit access to uploaded images.
  • You agree that once an image that you previously allowed others to use has been used in a derivative (a 3D scene in this case), withdrawing permissions does not remove the derivatives.
  • You agree that WordsEye also has a general license on any output generated by WordsEye, in particular 3D scenes and 2D renders of these scenes.
  • We may make these available to our users to view and base their own 3D scenes on.
  • You may remove uploaded content at any time from the site, but we may keep archived copies.
  • 3D scenes you published before may still be available with your user name attached to them.
  • You agree that WordsEye cannot remove any content that has been distributed beyond the WordsEye website.
  • You agree that you have no right to access any services or data stored on our servers even though you may have intellectual property rights to them.
License for Uploaded Content: By uploading text, images, 3D models, or other User Content to our Site, you automatically grant to WordsEye a non-exclusive, transferable, fully-paid royalty-free, worldwide license (including the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt and distribute such User Content for any purpose. You also grant each User of the Site a non-exclusive license to access your User Content through the Site, and to use, reproduce, revise, distribute, display and perform such User Content as permitted through the functionality of the Site and under the Terms of Service. For images uploaded by you, you have the right to restrict through the functionality of the Site how other users can access and use your images. However, an image that has previously been used (with your authorization) to create derivatives may still be available for view and use by other users as part of such derivatives when you restrict access at a later time.

WordsEye reserves the right to use, copy, publicly perform, publicly display, reformat, translate, excerpt, make derivatives of, make available to other users, and license any 3D scenes and view of these scenes that the Service creates on your initiative from text you transmit. WordsEye will only make these 3D scenes and views available to other users for view or use with your consent (e.g. if you publish them to a Site-viewable gallery).

Removal of User Content: You may remove your User Content, including text and uploaded images, from the Site at any time, in which case the original content will no longer be available for other users to view or use. If you choose to remove your User Content, you acknowledge that WordsEye may retain archived copies of your User Content. If your content contains personally-identifying information, as defined in the WordsEye privacy policy, the privacy policy applies and you can request removal of User Content. Derivatives of your User content are not affected by removal of your User content. Specifically, but without limitation, 3D scenes and view of these scenes that contain your user content may not be removed and may still be available for other users to view, use and make derivatives of. You acknowledge that, if you remove User Content from WordsEye, content previously published on the Internet might still be viewable through other sites, including social media sites and search engines not affiliated with WordsEye, for an unlimited period of time.

You acknowledge that WordsEye has no capacity to remove from the world wide web outside of the Site any portion of this User Content.

Ownership of Data: You agree that even though you may retain certain copyright or other intellectual property rights with respect to content you create while using the Service as granted by law, you do not own the Account you use to access the Service, nor do you own any data we store on WordsEye's servers (including without limitation any data representing or embodying any or all of your User Content). Your intellectual property rights do not confer any rights of access to the Service or any rights to data stored by or on behalf of WordsEye.

Paid Services

  • There may be extra charges to access some premium content or services.
  • You are responsible for all charges, fees, and taxes incurred using your account.
  • We will hold your billing information confidential, but you agree to keep billing information up to date.
  • Some services may be offered for subscription. We may renew such subscriptions for the same period of time unless you cancel your subscription explicitly.
  • If prices on subscriptions change you will be informed before your subscription renews to give you the possibility to cancel.
  • We may use a form of virtual currency on the website. This is not a real currency and you can only redeem it for services and content as offered by us, not exchange it for real money.
  • We may change prices or stop offering services that you can redeem the virtual currency for at any time.
  • We use third party providers for payments (Paypal, Amazon Payments, Google Wallet).
Using Paid Services: There may be extra charges to access certain premium content or Services. WordsEye will provide notice of any extra charge before you incur any charges. In addition to individual paid services incurring a one-time payment, WordsEye may offer recurring subscriptions to premium services.

You are responsible and agree to pay all charges incurred, by you or anyone you allow to use your account, including applicable taxes and purchases made.

Billing information will be held as confidential in accordance with the terms set forth in the Privacy Policy. Upon default of payment by a User, WordsEye may cancel the User Account, without further notice.

All fees and charges are payable in advance and are not refundable in whole or in part. If your subscription involves recurring fees, WordsEye will provide you with notice of a change to such recurring fees 30 days in advance. If any change is unacceptable to you, you may cancel your subscription at any time, but WordsEye will not refund any fees that may have accrued to your account before cancellation of your membership or subscription, and we will not prorate fees for any subscription.

If you have a subscription, we may automatically renew your subscription for the same period of time unless you provide us, prior to the expiry of any subscription, with a written notice of cancellation. The automatic renewal will not apply if the recurring charges for your membership program have changed since the time of subscription.

If charges and fees you pay in connection with use of the Service are subject to use or sales tax, then WordsEye may also charge you for any such taxes.

On-site Currency: You acknowledge that the Service may include a component of virtual currency ('WordsEye credits'), which constitute a limited license right to use a feature of our product or purchase assets, including but not limited to images, 3D models, or service features for use in creating or outputting WordsEye scenes. WordsEye will allow for purchase of WordsEye credits, or may distribute them to registered users without charge, in its sole discretion. WordsEye reserves the right to change pricing on any services and items purchasable with WordsEye credits without the consent of users at any time. Regardless of terminology used, WordsEye credits represent a limited license right governed solely under the terms of this Agreement, and are not redeemable for any sum of money or monetary value from WordsEye at any time. You agree that WordsEye has the absolute right to manage, regulate, control, modify and/or eliminate such currency system as it sees fit in its sole discretion, in any general or specific case, and that WordsEye will have no liability to you based on its exercise of such right. You shall be responsible for any tax consequences that may result from your participation in the WordsEye Credit service. The scope, variety and type of online services and digital products that you may obtain by redeeming WordsEye Credits can change at any time and we have no obligation to continue making offers available for points redemption. We may cancel, suspend or otherwise limit your access to your WordsEye Credit balance if we suspect fraudulent, abusive or unlawful activity. Once we delete credits from a balance, we will not reinstate them, except at our discretion.

Payment via 3rd Party Payment Services WordsEye uses 3rd party payment services (Paypal, Amazon Payments, Google Wallet) to pay for any goods or services. When you provide payment information to WordsEye, you represent and warrant that you are the authorized account holder that is using the payment information to pay the charges or fees. If you have a subscription, you agree to promptly notify us of any changes to your payment account, its expiration date and/or your billing address, and you agree to promptly notify us if your payment account expires or is cancelled for any reason.

Partner Websites

  • You may not offer access to WordsEye through any means we did not intend, only through our website, official partner websites, or through our official API.
  • We are not responsible for any aspect of the service in connection with such other means.
  • If you are a partner website or use the WordsEye API you may not charge any fees to access WordsEye services.
WordsEye has designed the Service to be experienced only as offered by WordsEye or on partner websites or through its API. You may not provide other means to access WordsEye's services without prior written consent of WordsEye. WordsEye is not responsible for any aspect of the Service that is accessed or experienced using software or other means than are not provided directly by WordsEye.

If you are run a partner website or use the WordsEye API you may not charge any fee to access WordsEye services.

Dislaimer

The site and the content are provided on an 'as-is' and 'as available' basis and you use this site at your own risk.

When using the Site, information will be transmitted over a medium that is beyond the control and jurisdiction of WordsEye. Accordingly, WordsEye assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the site.

WordsEye does not guarantee that the site will be available at any particular time or location, or that any defects or errors will be corrected. While WordsEye takes reasonable steps to protect the Site and its Users from unauthorized access and from computer viruses, worms or other disabling computer code, WordsEye does not assume any liability for any damage that may occur to the users computer or data. Specifically, you agree that WordsEye shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Site. To the fullest extent permitted by law, WordsEye disclaims all warranties, either expressed or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement, or third parties' rights and fitness for particular purpose and WordsEye makes no warranty as to the results that may be obtained from the site.

Indemnity

We reserve the right to modify these Terms of Service or the policies regarding the use of our Website at any time at our sole discretion. We notify you about changes by posting an updated version of the Terms of Service on this Website. We will also notify you by email about larger changes if you are a registered User. Your continued use of the Service or the Site after any such changes shall constitute your acceptance of the new Terms of Service. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Service and to review such changes.

Contact

If you have any questions or concerns about our privacy policies, please contact us:

type-a-picture@wordseye.com

You can contact us to request to see any personally identifiable and potentially personally identifiable information we have on record about you. Information requests will normally be processed within 7 business days.