This website, www.wordswontdo.com (“Website”, “wordswontdo”) offers each end-user (“User”, “you”, “your”) a content rich online community where media applications allow the User to create, share, send, and embed personalised video content, material and products (the “Website Services”).
Acceptance and Term
The Website is owned and operated by Words Won’t Do Limited, a company registered in England (registration number 10058899) (“Words Won’t do”, “our”, “us”, “we”). Our registered place of business is at Flat 1, 8 Philbeach Gardens, London, United Kingdom, SW5 9DY.
Eligibility to use the Website
The User will be required to verify their age to access certain sections of the Website and Website Services.
The User agrees that any information provided to Words Won’t do directly or via third-party sign-on service (e.g. Facebook Connect) with regard to the User’s age is true and accurate.
Subject to any other age verification screen within the Website, the User must be over 13 years of age to use this Website.
If you are under the age of 18, you must ask for parental permission before registering on the Website.
In order to fully access and use the Website Services provided on the Website, you must become either a Registered User or a Member.
You warrant that all information you provide to us when registering an account is true and accurate. It is your responsibility to keep your account profile up to date.
Username and Password
If you become a Registered User or a Member, you will be required to select a unique username and password when completing our registration process.
As a Registered User or Member, you are solely and fully responsible for maintaining the confidentiality of your username and password and for all activities that occur under that account to access the Website.
Should you be aware or suspect that your username and password confidentiality has been breached, you shall immediately notify Words Won’t Do, by way of email to email@example.com, of any actual or suspected unauthorised use of your username and password or any other actual or suspected breach of security; and
As a Registered User or Members you shall log off from your account at the end of each session.
We reserve the right to restrict access to areas of our Website, or indeed the entire Website, at our discretion.
Limited User Licence
You accept that when using the Website Services, information and media you upload onto your profile may be visible to other users of the Website.
Words Won’t Do grants you a limited, personal, non-exclusive, non-commercial, revocable without notice, non-assignable and non-transferable license to download, view and play the Website Service, subject always to User account allowances. Website Services are for your personal, non-commercial use only.
You may not:
republish any code, images or other material from this Website (including republication on another website) which we own or control; sell, rent or otherwise sub-license any code, images or other material on the Website which we own or control; reproduce, duplicate, copy or otherwise exploit any code, images or other material on our Website for a commercial purpose which we own or control; or edit or otherwise modify any code, images or other material on the Website, unless authorised by us in writing. We may terminate this licence at any time without notifying you and without any liability towards us.
Our License for User Content
You hereby grant to us a non-exclusive, world-wide, sub-licensable, royalty free licence to use, modify, display, host and make available to the public any material, such as your own photos, videos, audios, comments, writings, names, likenesses, voices, performances, biographical materials, computer-generated images/artwork, liner notes, and other graphical or textual materials in any media format, which Users upload, submit, distribute or otherwise make available to the Website or via the Website Services (“Content”).
You warrant to us that you own all the intellectual property rights in the Content, or that you have obtained permission from the Content owner, if other than yourself, and all relevant clearances to post or upload the Content onto the Website.
Words Won’t Do reserve the right to remove any Content which you post or upload at any time without notification at our sole discretion, and without any liability to you whatsoever.
Intellectual Property Rights
Unless otherwise stated, Words Won’t Do and/or its Licensors/Suppliers (as defined below) own the intellectual property rights in the Website and material on the Website, and we hereby reserve all of our rights in respect of our intellectual property rights.
“Licensors/Suppliers” means any and all third parties that make available to Words Won’t Do (pursuant to a license or otherwise) their proprietary photos, videos, audios, comments, writings, names, likenesses, voices, performances, biographical materials, computer-generated images/artwork, liner notes, and other graphical or textual materials in any media format, products or services for use, deployment, display, performance and/or distribution via the Website. This is to also include third parties that place, display or distribute their advertising, promotional or sponsorship materials on the Website.
Words Won’t Do and/or its Licensors/Suppliers are the owner or the licensee of all intellectual property rights on the Website and the Website Services. All such rights are reserved.
The User hereby agrees not to use any part of the Website or Website Services for commercial purposes without obtaining a licence to do so from Words Won’t Do and/or its Licensors/Suppliers.
When Words Won’t Do provides applications and software available for the User to download or use from or through the Website or Website Services (the “Downloadable Items”), such Downloadable Items are the copyrighted work (as between you and Words Won’t Do) of Words Won’t Do and/or its Licensors/Suppliers.
If you install, download, use or embed a Downloadable Item that is a software application, you consent to the download of such software to your computer or device and accept this Agreement and any additional terms and conditions related to such software application provided by either Words Won’t Do and/or the relevant Licensors/Suppliers.
With respect to any Content that you download from or through any of the Website, you are responsible for all licensing, reporting and payment obligations of any kind to third parties in connection with such Content (including, without limitation, any such obligations that may arise from use by Words Won’t Do or its Licensors/Suppliers of such Content as authorised in this Agreement).
You also agree that any Downloadable Items you obtain from any of the Website (whether for free or for a fee) are only provided to you for your personal, non-commercial use and are not meant for you to further distribute.
Downloadable Items shall be provided to you on an ‘as is’, ‘as available’, ‘with all faults’ basis. We make no representations to you as to the quality of these Downloadable Items.
Words Won’t Do-User Materials
There are additional terms and conditions for any customised material that results from Users incorporating Content into the Website Services as the functionality of the Website may allow and enable from time to time (“Words Won’t Do-User Materials”).
Your use of any Words Won’t Do-User Materials is subject to the following additional terms and conditions:
The permission for you to use Website Services to generate Words Won’t Do-User Materials or otherwise in association with Content is expressly limited to Website Services specifically made available by Words Won’t Do for that purpose, and may be revoked by Words Won’t Do at any time without notice or liability to you;
You may NOT make any commercial use of any Words Won’t Do-User Materials or of any of the Website Services embodied in any Words Won’t Do-User Materials, in whole or in part, or sell, lease, hypothecate, transfer, license, distribute, reproduce, encumber or otherwise exploit same, in whole or in part, EXCEPT that you may use the Website and Website Services to generate and engage in Viral Distribution (as defined below) of Words Won’t Do-User Materials, but in each case only to the extent expressly permitted by this Agreement or otherwise by Words Won’t Do; as used herein, “Viral Distribution” means, for non-commercial purposes only: (i) sending Words Won’t Do-User Materials to friends, acquaintances at no charge by e-mail or other forms of digital delivery; (ii) reproducing copies of Words Won’t Do-User Materials for personal use; and (iii) posting and displaying links to Words Won’t Do-User Materials on a personal website or on a third party website that permits posting of such links at the direction of end-users subject to its terms and conditions, provided that such a third party website does not charge for access to the Words Won’t Do-User Materials or associate products, services or advertising with the Words Won’t Do-User Materials;
Words Won’t Do does not reward Users for Viral Distribution and User hereby agrees not to engage in spamming or other unlawful or controversial behaviour in connection therewith.
Licence for use of Name and Likeness
The User hereby grants to us a worldwide non-exclusive, sub-licensable, royalty free license to use:
- User’s name(s), photograph(s), likeness(es), voice(s), performance(s), and biographical materials (to the extent contained or embodied in the Content; and
- any other individual’s name(s), photograph(s), likeness(es), voice(s), performance(s), and biographical materials, where such other individual appears in any Content, in connection with the distribution, exploitation, promotion, marketing and advertising of any Content.
You agree not to assert any privacy, publicity, moral or similar rights held by the User.
You may link from your own website to the Website, provided that the User complies with all of the following restrictions:
- shall not tarnish, defame, insult or otherwise harm Words Won’t Do and/or any of its Licensors/Suppliers in any way;
- shall not frame or create any browser or player or border environment around any of the Website Services or Content on the linked site or on the Website;
- shall not imply that Words Won’t Do, the Website and any of its Licensors/Suppliers is endorsing or sponsoring the User, the User’s website, the Content or any product or service unconnected with us, unless expressly authorised in writing by Words Won’t Do; and
- [shall not use any Words Won’t Do Trademarks without the prior written permission of Words Won’t Do, or use any Licensors/Suppliers Trademarks without the prior written permission of their respective owners;]
By linking to the Website, you expressly agree to be bound by and comply with all of the above linking restrictions and requirements.
The User acknowledges that Words Won’t Do reserves the right to prohibit and deny linking to the Website for any reason in its sole and absolute discretion, even if the linking complies with all of the restrictions and requirements described above.
Acceptable Use Policy
You warrant and accept that when using the Website and the Website Services you will not:
- use the Website or the Website Services in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website (e.g. such as using spyware, spy bots, Trojan horses or other similar software on the Website).
- use the Website or the Website Services in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
- use the Website or the Website Services for any purposes related to marketing without our express written consent. You may NOT make any commercial use of any Website Services, in whole or in part.
- use the Website or the Website Services or any information available on or through the Website or the Website Services to copy, publish or send mass mailings or spam to any of the Website’s registered users or for any other commercial use which is not specifically endorsed or approved by us.
- use the Website or the Website Services to copy, publish or send material which is illegal or unlawful, or material which could give rise to legal action under any applicable law.
- publish, upload or send on or via the Website or the Website Services any material or Content which is [defamatory, obscene, indecent, of a sexual nature, hateful, discriminatory or inflammatory.]
- publish, upload or send on or via the Website or the Website Services any material or Content which infringes any person’s intellectual property rights or rights of confidentiality, or which infringes upon any person’s privacy, or constitutes an incitement to commit a crime;
- post or upload any material or Content on the Website or Website Services which is sexually explicit, threatening, abusive, harassing or menacing towards other users of the Website.
- remove or alter any and all of Words Won’t Do’s trademarks, copyrights and other proprietary rights notices, legends, watermarks, and other markings contained or embedded in or otherwise accompanying the Website and/or Website Services.
- We reserve the right to edit or remove any material posted or uploaded upon the Website, at any time, for any reason, without notice or any liability towards you.
- We may take such action as we deem appropriate to deal with the posting of Content that we at our sole discretion deem unsuitable, including suspending or cancelling your account, restricting your access to the Website, or commencing legal proceedings against you.
Notice and Take Down Procedure
In the event that you believe that your intellectual property or other rights are being infringed in any way through the Website, please email firstname.lastname@example.org providing a description of the material which you believe is infringing, your own contact details and a statement as to why you believe the material is infringing your rights.
We reserve the right to permanently or temporarily remove any Content on the Website which infringes or potentially infringes a third party’s rights.
We at our sole discretion may suspend or cancel your account, restrict your access to the Website, or commence legal proceedings against you in response to inappropriate Content of any kind.
Limitation of liability
We are not responsible for any misuse of information or Content uploaded by you onto the Website, including onto your own personal profile.
To the maximum extent permitted by all applicable laws we exclude all representations, warranties and conditions (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill).
Without limiting the generality of the foregoing exclusion, you accept we will not be liable for any loss of profit, contracts, business, goodwill, data, income, revenue or anticipated savings arising under terms and conditions or in connection with our Website, whether direct or indirect, and whether arising in tort, contract, or otherwise.
Nothing in these terms and conditions shall exclude or limit our liability for death or personal injury caused directly by our negligence.
Law and jurisdiction
Disputes between you and us In the event that there is a dispute between you and us, you agree to submit such disputes to mediation under the Alternative Dispute Resolution Group http://www.adrgroup.co.uk/.
Disputes between members Whilst we do not monitor any private communications between you and other members of the Website, we reserve the right to when, in our sole discretion, we deem it appropriate. You are solely responsible for your communications with other members.
You may contact us in writing by emailing us at email@example.com. Our registered office is 8 Philbeach Gardens, London, United Kingdom, SW5 9DY.
You have read the above terms and agree to be bound by them.