WordExcerpt Services (“WordExcerpt”, “WE” or “Services”) are provided by WordExcerpt Entertainment LLC. (“We,” “Our”, “Us”, “WordExceprt” or “WE”) to you (“User” or “Users”).
- Although we will attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up to date version. WordExcerpt may, in its sole discretion, modify or revise these Terms of Service at any time. Nothing in these Terms of Service shall be deemed to confer any third party rights.
- If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify WordExcerpt and its officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
Ability to Accept Terms of Service
- You affirm that you are 13 years of age or older, and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.
- In any case, you affirm that you are 13 or older, as the Service is not intended for people under 13. If you are under 13 years of age, then please do not use the Service. There are tons of other fantastic websites for you.
- These Terms of Service apply to all users of WordExceprt’s Services, including users who are also contributors of Content to the Service. “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other Content you may view on, access through, or contribute to the Service. The Service includes all aspects of any WordExcerpt product, including but not limited to software and services offered via the WordExcerpt website (such as the WordExcerpt Forum), Share, Subscribe, RSS and Embed features, Dashboard and other applications.
- The Service may contain links to third party websites that are not owned or controlled by WordExcerp. WordExcerpt has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, WordExcerpt will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve WordExcerpt from any and all liability arising from your use of any third-party website.
- Accordingly, we encourage you to be aware when you leave a WordExcerpt Service and to read the terms and conditions and other policies of each other website that you visit.
WordExcerpt Media User Accounts
- In order to access some features of WordExcerpt Services, (for example: Uploading content and using the “Creator Dashboard”) you will have to create a WordExcerpt user account. You may never use another’s user account without permission. When creating your user account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify WordExcerpt immediately of any breach of security or unauthorized use of your account.
- Although WordExcerpt will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of WordExcerpt or others due to such unauthorized use.
General Use of the Service
WordExcerpt hereby grants you permission to access and use their Services as set forth in these Terms of Service, provided that:
- You do not alter or modify any part of the Service.
- If you use the Embed feature on your website, you may not modify, build upon, or block any portion or functionality of the Embed feature, including but not limited to links back to the WordExcerpt website.
- If you use the WordExcerpt Uploader, you agree that it may automatically download and install updates from time to time from WordExcerpt. These updates are designed to improve, enhance and further develop the Uploader and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit WordExcerpt to deliver these to you) immediately as part of your use of the Uploader.
- You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Service in a manner that attempts to forge the presence of a user accessing the site for the purpose of artificially increasing “pageviews,” “subscribers,” or “likes” or other elements that contribute to a series popularity or advancement within any programs that WordExcerpt offers to users.
- Not withstanding the foregoing, WordExcerpt grants the operators of public search engines permission to use spiders to copy Content from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the Content, but not caches or archives of such Content. WordExcerpt reserves the right to revoke these exceptions either generally or in specific cases.
- You agree not to collect or harvest any personally identifiable information, including user account names, from the Service, nor to use the communication systems provided by the Service (e.g., comments, posting) for any commercial solicitation purposes.
- In your use of the Service, you will comply with all applicable laws.
- WordExcerpt reserves the right to discontinue any aspect of the Service at any time.
Your Content and Conduct
- As a WordExcerpt product account holder you may submit Content to certain WordExcerpt Services, including novels, comics, images, animated gifs, links and user comments. You understand that WordExcerptdoes not guarantee any confidentiality with respect to any Content you submit.
- You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on a WordExcerpt Service.
- You hereby affirm, represent, and warrant that you (1) own or have the necessary licenses, rights, consents, and permissions to publish Content you submit and publish through the Service; and (2) all such Content are original works of authorship on your part and have not been copied, in whole or in part, from any other work and do not violate, misappropriate or infringe any copyright, trademark or other proprietary right of any other person or entity.
- You further agree that Content you submit to a WordExcerpt Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the Content or you are otherwise legally entitled to post the Content and to grant WordExcerpt all of the license rights granted herein.
- You further agree that you will not submit to the Service any Content or other material that is contrary to the WordExcerpt Content which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.
- WordExcerpt does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and WordExcerpt xpressly disclaims any and all liability in connection with Content. WordExcerpt does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and WordExcerpt will remove all Content if properly notified that such Content infringes on another’s intellectual property rights. WordExcerpt reserves the right to remove Content without prior notice.
WordExcerptdoes not claim ownership rights of your Content. Your Content belongs to you and WordExcerpta does not restrict you from using your Content for any purpose unless stated in additional terms for other programs or offerings WordExcerpt may provide.
- For the purpose of enabling WordExcerpt to make your Content available on our platforms, you hereby grant WordExcerpt an ongoing, non-exclusive, worldwide, royalty-free license and right to utilize Content that you publish through our platforms for the commercial purpose of digital publication on our website, through mobile devices, through digital sharing methods and through other digital means currently existing or not yet invented.
- If you agreed to participate in one or more of WordExcerpt’s Programs defined herein the document, you may be compensated for Content published using one or more of our platforms. WordExcerpt does not claim ownership right in your Content when you participate in our WordExcerpt Programs.
- WordExcerpt will not sell or redistribute your Content to third party licensees unless you give us permission to do so. Advertisements on WordExcerpt platforms from direct advertisers or third parties may be served with Content. In a case where WordExcerpt offers an opportunity for Content owners to potentially benefit from compensation outside of WordExcerpt platforms, such as licensing for merchandising, publication through non-WordExcerpt channels, making a movie or other licensing opportunities, a separate agreement with the third party and your full consent would be required.
- In order to promote, publicize, market and further the success of your Content and WordExcerptas a whole, you hereby grant WordExcerpt an ongoing, non-exclusive, worldwide, royalty-free license and right, but not obligation, to utilize Content that you publish on a WordExcerpt platform, or give to WordExcerpt, and your user persona including, but not limited to, your name, likeness, and biographical information for promotional purposes. Examples include, but are not limited to, sending samples of Content for use by the press, posting Content to social channels, or printing samples of Content for distribution at conventions.
- You have the right to opt out of the Services at anytime by removing your Content or by sending a written notification with the subject line “Opt Out Notice” to WordExcerpt via email at firstname.lastname@example.org.
- Users, who violate these Terms of Service, tamper with the operation of any program, or engage in any conduct that is detrimental or unfair to WordExcerpt, the program or any other users (in each case as determined by WordExcerpt’s sole discretion) are subject to suspension or cancellation of their user account(s).
- WordExcerpt will terminate a user’s access to the Service if, under appropriate circumstances, the user is determined to be a repeat infringer.
- WordExcerpt reserves the right to decide whether Content violates these Terms of Service for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. WordExcerpt may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user’s account for submitting such material in violation of these Terms of Service.
- If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing the following information by email with the subject line “Copyright” to email@example.com in writing (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You acknowledge that if you fail to comply with all of the requirements of this Section your DMCA notice may not be valid.
- Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice by either of the methods outlined containing the following information:
- Your physical or electronic signature;
- Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in San Francisco, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by WordExcerpt, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Warranties and Disclaimers
- Other than as expressly set out in these terms or in additional terms, WordExcerpt will not make any specific promises about the Service. For example, WordExcerpt will not make any commitments about the content within the service, the specific function of the Service or their reliability, availability, or ability to meet your needs. WordExcerpt provides the Service AS IS.
- Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by law, we exclude all warranties.
You release WordExcerpt and any of its affiliates, directors, officers, employees, representatives, agents and agencies (collectively, the “Released Parties”) from any liability whatsoever, and waive any and all causes of action related to any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with any WordExcerpt Service (including, without limitation, participation in the membership) or delivery, misdelivery, acceptance, possession, use of or inability to use any benefits (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory. Some jurisdictions do not allow (i) the exclusion of implied warranties on applicable statutory rights; and in the case of the countries of the United Kingdom, Luxembourg, the Netherlands and Spain, (ii) limitations on a contracting party’s liability with regards to damages or death caused due to its negligence or intentional misconduct, so the above exclusions and limitations may not apply in some cases.
Limitation of Liability
- The Service will be governed, construed and interpreted under the laws of the United States. Members agree to be bound by these Terms of Service and by the decisions of WordExcerpt, which are final. WordExcerpt reserves the right to suspend or cancel user accounts and any benefits should viruses, bugs, unauthorized human intervention or other causes beyond our control affect the administration, security or proper handling of the benefits or WordExcerpt otherwise becomes (as determined in its sole discretion) incapable of running the program as planned. In case of bankruptcy, WordExcerpt reserves the right to deny all benefits and obligations that it may have.
- When permitted by law, WordExcerpt will not be responsible for lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages.
- To the extent permitted by law, the total liability of WordExcerpt, for any claim under these terms, including any implied warranties, is limited to the amount you paid us to use the Service (or, if we choose, to supply you the Service again).
- In all cases, WordExcerpt will not be liable for any loss or damage that is not reasonably foreseeable.
- In case of any conflict or inconsistency, further agreements between you and WordExcerpt supersede these Terms of Service.
For questions about these Terms of Service, send an e-mail to firstname.lastname@example.org.