Terms of Service

Acceptance of Terms

Lexan Software Inc. ("Lexan") provides its service to you subject to the following Terms of Service ("TOS"), which may be updated by Lexan from time to time without notice to you.

By using the services provided at WordDisplay.com (the "Services") you agree to the TOS set forth below. Lexan may modify or terminate the Services from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party, provided that when Lexan does so, it will update these TOS. You are advised to periodically check the website for changes in the TOS.

Lexan requires a license to your User Content so that it can host your images and other User Content on its servers and otherwise perform the Services. Accordingly, in connection with your use of the Services, you grant to Lexan a universal, non-exclusive, royalty-free, transferable license to: use, copy, modify, print, and display any User Content without any restrictions.

Purpose and Description of Services

Lexan provides users with the ability to host a variety of content, including but not limited to images and texts. Any additions or modifications to the Services shall be in the sole discretion of Lexan and will be subject to these TOS. You are solely responsible for any fees, charges and expenses incurred by you in accessing and using the Services. Lexan uses reasonable efforts to ensure that the Services are available on a 24/7 basis. However, there will be occasions when the Service will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment that are beyond the control of Lexan. Lexan encourages users to maintain their own backup of any content used in the Services. By using the Services you agree that Lexan shall not be liable to you for any modification, suspension or discontinuance of the Services or the loss of any User Content.

Lexan attempts to maintain a website that is absent of offensive, indecent or objectionable content. You understand that by using Lexan, you may be exposed to this content. Under no circumstances will Lexan be liable in any way for any User Content, including, but not limited to, the subject matter of any User Content, any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available via Lexan.

Restrictions on the use of the Services

By using the Services you agree that you will not:

Use the Services for any illegal purpose;
Upload, email or otherwise transmit any User Content that is unlawful, obscene, harmful, threatening, defamatory or hateful or that contains objects or symbols of hate, invade the privacy of any third party, contain nudity or child erotica, or is otherwise objectionable. Lexan does not control User Content of users' accounts and does not have any obligation to monitor such content for any purpose; however, Lexan may chose to monitor such User Content any time in its sole discretion. You acknowledge that you are solely responsible for all content and material you provide to the Service;
Upload, email or otherwise transmit any User Content that you do not have the lawful right to transmit (including any User Content that would violate any confidentiality or fiduciary obligations that you might have with respect to the content) or any User Content that infringes the intellectual or proprietary rights of any third party (including, but not limited to, copyright, trademark, service mark or patent rights) including but not limited to derivative works of such content, defacement of such content, or User Content that would violate the right of privacy or publicity of any public or non-public persons;
Upload, e-mail or otherwise transmit any User Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software; upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation;
Upload, email or otherwise transmit any User Content that includes code hidden or otherwise contained within the images or video of any content unrelated to the image or video, such as .mp3, .wav, or other music files hidden within the file structure of the image or video;

Lexan reserves the right at all times to terminate your account, and delete any and all User Content at, in whole or in part, with no refund of fees you paid, for any reason including, but not limited to, violations of these TOS. If you do violate these TOS, Lexan reserves the right to share any information with any third party. In addition, Lexan reserves the right at all times to disclose any User Content as necessary to satisfy any law, regulation, governmental request or partner request, in its sole discretion. Trademarks and Copyrights

All trademarks, brands and service marks used in conjunction with the Services by Lexan shall be the property of Lexan. Lexan shall be the owner of all copyright and database rights in the Services. You may not publish, distribute, extract or reproduce any such content in any material form except as it relates to the personal use of the site for the viewing and storage of your images at Lexan. This license does not apply to any third party images stored at Lexan. Permission for use of such content must be obtained from the copyright owner. Copyright Infringement

Lexan respects the intellectual property rights of others. However, you agree that Lexan is not responsible for any violations of any intellectual property rights in any images or content posted to Lexan. You understand that by using these Services that your images will be publicly available to others and that Lexan has no obligation to prevent the unauthorized copying, dissemination, alternation or other use of your images. If you believe that your intellectual property rights have been infringed by another party please contact Lexan at support@lexansoft.com. Please provide:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the site;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information provided by you is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Upon receiving your complaint, Lexan may, in its sole discretion, remove content that you believe infringes your copyright. In addition, Lexan may terminate the account of the user who appears to be infringing your intellectual property rights.

Disclaimer of Warranty and Limitations of Liability

Lexan expressly disclaims any responsibility or liability for the use of the Services by you. Lexan also disclaims any and all responsibility or liability for:

the accuracy, content, completeness, legality, reliability, operability, or availability of information or material in this site.
the deletion, failure to store, misdelivery, or untimely delivery of any information or material.
any harm resulting from downloading, or accessing any information or material through the site.

THE SERVICES, CONTENT, SITE, AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

YOU, THE USER, UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD OR UPLOAD OF SUCH MATERIAL.

UNDER NO CIRCUMSTANCES SHALL LEXAN BE LIABLE TO YOU OR ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF AND RELIANCE ON THE SITE OR SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF LEXAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SITE OR SERVICES, FROM INABILITY TO USE THE SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE OR DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

Indemnification

You agree to defend, indemnify, and hold harmless Lexan and its subsidiaries and other affiliated companies, and their employees, officers, directors, contractors, agents, licensors and suppliers, from all liabilities, losses, damages, claims, costs and expenses, including reasonable attorney's fees, that arise from (i) use or misuse of the Services or any person to whom you have granted access to the Services, (ii) your violation of any of these TOS, or (iii) any other activity related to your account (including negligent or wrongful conduct). Lexan reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to defense by you, in which event you will cooperate with Lexan and its counsel in the conduct of such defense.

Entire Agreement

These TOS constitute the entire agreement between the you, the user, and Lexan with respect to the subject matter contained herein and supersedes any other agreement, proposals and communications, written or oral, between Lexan and you with respect to the subject matter hereof, except that any other terms and conditions located on any individual site associated with Lexan are incorporated herein by this reference to the extent they do not conflict with these TOS. If a court should find that one or more rights or provisions contained in these TOS are invalid, you agree that the remainder of the TOS shall be enforceable.