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