Terms of Use

Last updated July 20, 2023

Thank you for using Width by Height!

These Terms of Use (“Terms”) are a binding agreement between you and WxH Inc. (“WxH”) that govern your access to and use of the WxH website located at https://www.wxh.io and any software, mobile applications, functionality, content and/or other services (“Services”) offered by WxH.

By accessing or using the Services, or by selecting accept or agree to the Terms, you agree to be bound by these Terms, which include our Privacy Policy, and any other policy statements incorporated by reference herein. You also represent and warrant to be at least 18 years old and to reside in the United States or any of its territories. If you do not want to agree to these Terms or incorporated policy statements, or do not meet these eligibility requirements, then you must not access or use our Services.

Please read these Terms carefully before you begin using the Services. The Terms establish what we can expect from each other as you use the Services. Please contact us at [email protected] if you have any questions.

1. OUR SERVICE

Width by Height helps you easily see what art can look like in spaces. It’s customized to you. You can create collections of art and spaces to use in previewing how the pieces will look in those spaces. To help with designing previews, we make recommendations that are relevant, interesting and personal to you based on your activity. To provide our Services, we need to be able to identify you and your preferences.

2. USING THE SERVICES

2.1 Who can use the Services

Only persons who are at least 18 years of age, reside in the United States and are able to legally form a binding contract with WxH can use the Services.

2.2 Creating an account to access the Services

To access the Services, you may be asked to register as a user and create an account. You agree to provide correct and current information and to update it as needed for accuracy. Our Privacy Policy governs all information you provide to us. You agree to all actions WxH may take with respect to your information consistent with our Privacy Policy.

2.3 Account security

We care about the security of our users. If you choose or are provided with a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential and you must not disclose it to any other person or entity. You acknowledge that your account is personal to you and agree to not provide any other person with access to the Services using your name, password or other security information. You agree to notify WxH immediately of any unauthorized access to or use of your security data or any other breach of information. Please use particular caution when accessing your account from a public or shared computer, as to limit inadvertent security breaches. You are solely responsible and liable for making arrangements for having access to the Services and for all activity conducted through your account. While WxH works to protect the security of your content and account, WxH can’t guarantee that unauthorized third parties won’t be able to defeat our security measures.

WxH reserves the right to disable any user name, password, or other identifiers, whether chosen by you or provided by us, at any time and for any or no reason, including if, in our opinion, you have violated any provision of the Terms or any other policy.

2.4 Software updates

Using the Services may include downloading software to your computer, phone, tablet, or other device. You agree that we may automatically update that software, and these Terms will apply to any updates.

2.5 Our license to you

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services.

2.6 Service-related communications

To provide you with our Services, we sometimes send you service announcements and other information. To learn more about how we communicate with you, see our Privacy Policy.

2.7 Service updates, withdrawal or amendments

WxH reserves the right to update, withdraw or amend the Services at any time, from and by our sole discretion, without prior notice. Content is not necessarily complete or up-to-date. We are under no obligation to update our content unless required by law. If for any reason all or part of the Services become unavailable at any time and/ or for any period, WxH will not be liable for any damages. Moreover, WxH may restrict your access to parts of the Services.

3. YOUR CONTENT

3.1 User content

Your content remains yours, which means that you retain any intellectual property rights that you have in your content.

WxH lets you scan, upload, store, send, receive, or share your content. “User Content” means anything that you scan, upload, share or otherwise make available on our Services. You have no obligation to provide any content to our Services and you’re free to choose the content that you want to provide. You retain all rights in, and are solely responsible for, your User Content. If you choose to upload or share User Content, please make sure you have the necessary rights to do so and that your use of the User Content is lawful.

Your User Content must comply with the Acceptable Use Policy (see Section 4).

3.2 How WxH can use your content

If you share your content with WxH, we can use that content.

Your User Content is considered non-confidential. You grant WxH and its service providers a non-exclusive, irrevocable, royalty-free, transferable, sublicensable, worldwide license to use, store, display, host, reproduce, save, modify, create derivative works, and distribute your User Content for the purposes of using and improving the Services. This includes, for example, the right to

  • save your User Content on our system and make it accessible to you through your account;
  • publish or publicly display your User Content, if you’ve made it visible to others;
  • modify and create derivative works of your User Content, such as reformatting or cropping it;
  • enable you to share your User Content with people you choose;
  • use the content you’ve shared publicly to promote the Services;
  • develop new technologies and services for WxH consistent with these Terms;
  • allow the Services to work as designed;
  • make improvements and create new features and functionalities for the Services;
  • use automated systems and algorithms to analyze your User Content
    • for spam, malware, and illegal content
    • to recognize patterns in data, such as determining when to make relevant design suggestions
    • to customize our Services for you, such as providing recommendations and personalized search results and content.

You represent and warrant that:

  • You own or control all rights in and to the User Content and have the right to grant the license granted above;
  • All of your User Content complies and will comply with these Terms;
  • Your use of User Content on or through the Services does not violate any privacy rights, publicity rights, copyrights, contract rights or other rights of any person.

You are responsible for any User Content you scan, upload or share, including its legality, reliability, accuracy, and appropriateness.

WxH is not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other user of the Services.

WxH may remove or modify User Content, or change the way it’s used, for any reason.

3.3 How long do we keep your content

Copies of content shared with others may remain even after you delete the content from your account.

This license lasts for as long as your content is protected by intellectual property rights.

If you remove any User Content from the Services or your account is terminated or deactivated, then our systems will stop making that content publicly available in a reasonable amount of time, except if:

  • you already shared your content with others before removing it. 
  • you make your content available through other companies’ services, in which case, search engines may continue to find and display your content as part of their search results.

WxH may keep a copy of your User Content after your account is terminated or deactivated unless you have specifically requested its deletion. See our Privacy Policy for data request information.

3.4 Content backups

We recommend that you maintain your own backup of important data and content.

Although WxH performs regular backups of User Content and does its best to maintain backups while you are an active user, WxH makes no guarantees that data loss or corruption will not occur. If you have issues contact [email protected] and we will do our best to assist. WxH has no liability related to the integrity of your User Content or the failure to successfully restore content to a usable state. You agree to maintain a complete and accurate copy of any content in a location independent of the Services.

3.5 Feedback you provide

We can use your suggestions to make WxH better.

We value hearing from our users, and are always interested in learning about ways we can make WxH better. Feel free to submit feedback by email at [email protected]. If you choose to give us feedback, such as ideas or suggestions to improve our Services, we may act on your feedback without obligation, restriction or compensation to you. By accepting your submission, WxH doesn’t waive any rights to use similar or related feedback previously known to WxH, or developed by its employees, or obtained from sources other than you.

4. ACCEPTABLE USE POLICY

WxH has an Acceptable Use Policy to outline what we do and don’t allow on the Services. The Acceptable Use Policy applies to any and all User Content and use of the Services. WxH doesn’t allow antagonistic, explicit, false or misleading, harmful, hateful, or violent content or behavior. WxH may remove, limit, or block the distribution of such content and the accounts, individuals, groups and domains that create or spread it based on how much harm it poses.

If you are concerned about copyright infringement, please read Section 5 (Copyright Policy).

If you find content that shouldn’t be on the Services, please report it to us at [email protected].

4.1 Compliance with laws and regulations

You are responsible for using WxH in compliance with all applicable laws and regulations.

4.2 Conduct restrictions

Help protect WxH, yourself, and our users.

While using the Services, do NOT:

  • damage, disable, interfere with, or circumvent any aspect of the Services;
  • interfere with anyone else’s use of the Services or our hosts or networks, like sending a virus, overloading, spamming or mail-bombing;
  • test, penetrate, or scan the Services for security vulnerabilities or limitations, except as part of an authorized WxH bug bounty program;
  • impersonate anyone or misrepresent your connection with any person or entity;
  • use the Services to compete with WxH, or copy any ideas, features, functions, graphics of the Services;
  • use any undocumented or unsupported method to access, search, scrape, download or change any part of the Services;
  • try to reverse engineer our software;
  • collect or store personally identifiable information from the Services or people using the Services without permission;
  • share your password, let anyone access your account or do anything that might put your account at risk;
  • attempt to buy or sell access to your account, usernames, or otherwise transfer account features for compensation;
  • distribute any unwanted communication (e.g., using the Services to send spam);
  • use the Services for activities where use or failure of the Services could lead to death, bodily injury, damage to personal property, or environmental damage; or
  • access or use the Services in a manner intended to avoid incurring fees owed to WxH.

You are prohibited from violating, or attempting to violate, the security of the Services, including without limitation to conduct a denial of service attack or other attack. Any such violations may result in criminal and/or civil penalties against you. WxH will investigate any alleged or suspected violations and if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations.

4.3 Content restrictions

WxH is not a place for hate, deception, violence, or destructive behavior.

You agree to not upload or publish to the Services, or use the Services to distribute or create, anything that:

  • contains any material that is defamatory, obscene, indecent, abusive, offensive, harassing, hateful, inflammatory, fraudulent, false, misleading, or deceptive or otherwise objectionable;
  • promotes sexually explicit or pornographic material, discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group;
  • promotes illegal or harmful activities or substances, or is violent or threatening or promotes violence or actions that are threatening to any person or entity;
  • infringes any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;
  • violates the legal rights (including the rights of publicity and privacy) of others or contains any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy;
  • is malicious or destructive, such as software viruses, worms, trojan horses, spyware, dishonest adware, scareware, crimeware, or any other malicious or destructive software or programs;
  • causes annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person;
  • impersonates any person, or misrepresents your identity or affiliation with any person or organization;
  • involves commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising;
  • gives the impression that they emanate from or are endorsed by WxH or any other person or entity, if this is not the case;
  • is illegal or solicits conduct that is illegal under laws applicable to you or WxH;
  • is or includes sensitive information subject to regulation or protection under applicable laws, including but not limited to Sensitive Data as defined under the General Data Protection Regulation (GDPR) (for example, data relating to race, religion, politics, health, genetics, or sexual orientation);
  • is or includes financial information, including but not limited to credit and debit card information;
  • is or includes social security numbers or other government identifiers; or
  • is or includes protected data about minors (such as data protected by the Children’s Online Privacy Protection Act). 

If you violate this policy, or encourage, allow or assist others to do anything to violate this policy, we will take any action we consider necessary to protect WxH, our users, and third parties. This may include quarantining or deleting data stored on the Services, or suspending your use or access to the Services. Please note that violation of this policy may result in termination in accordance with our termination rights in our agreement with you. You will not be entitled to any credit or other compensation for any interruption of the Services caused by your violation of this policy.

5. COPYRIGHT POLICY

We respect copyrights. We expect our users to respect copyrights as well.

WxH respects the intellectual property rights of others and we expect all our users to do the same. It’s our policy—in appropriate circumstances and at our discretion—to disable or terminate the accounts of people who repeatedly infringe or are repeatedly charged with infringing copyrights or other intellectual property rights.

In keeping with the Digital Millennium Copyright Act, which you can read at the US Copyright Office website, we’ll respond quickly to claims of copyright infringement on the Services that are reported to our designated copyright agent, identified below.

If you’re a copyright owner or authorized to act on behalf of one, you can report alleged copyright infringements on the Services by completing the DMCA Notice of Alleged Infringement and sending it to our designated copyright agent. 

When we get your DMCA notice, we’ll take whatever action we think is appropriate, which may include removing the reported content from the Services. 

If we remove content in response to a DMCA notice, we may notify the user account associated with it so they have the opportunity to send a counter-notice. We may also send a complete copy of the notice to others, as appropriate.

5.1 Submit a copyright complaint

Email us your DMCA notice.

Send the following information to our designated copyright agent:

  1. Identify the copyrighted work you believe has been infringed. If you’re reporting multiple copyrighted works, you can provide a representative list of those copyrighted works.
  1. Identify the content on the Services you claim to be infringing your rights, including the information we need to help us find it, like the title or detailed description.
  1. Provide your mailing address, phone number and email address.
  1. Include both of these statements in the body of your notice:
  • “I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (for example, as a fair use).”
  • “I hereby state that the information in this notice is accurate and, under penalty of perjury, that I’m the owner, or authorized to act on behalf of the owner of the copyright or of an exclusive right under the copyright that’s allegedly infringed.”
  1. Include your full legal name and your electronic or physical signature (for example, by typing your full name).

If the work you’re reporting is an image, you can ask us to remove all copies of the image. Please note that we can only remove identical copies of an image—if an image file has been resized or altered, we won’t be able to find or remove it. 

Email your completed DMCA notice to [email protected] OR send this information to:

WxH Copyright Agent
WxH Inc.  
315 Dellwood Drive
Eugene, Oregon 97405
USA

Note: This email address should only be used for copyright complaints. If you need to get in touch with us for any other reason, please email us at [email protected].

5.2 What if I get a copyright complaint (DMCA) notification?

Request additional information to understand the complaint.

If you’ve received a notification that one of your images has been removed for a copyright complaint, it means the content owner asked us to remove it. If you want us to forward the information from the copyright complaint notification, just email us at [email protected] to let us know (we may remove some personal contact information). 

If your account gets too many copyright complaints, you could lose the ability to save images on the Services, or we may disable your account altogether.

If you think we made a mistake removing your image, you can file a counter-notice. When we get a valid counter-notice, we’ll remove the complaint from your account’s record.  

Note: There are legal and financial consequences for fraudulent or bad faith counter-notices. Before submitting a counter-notice, make sure you have a good faith belief that we removed the content in error, and that you understand the repercussions of submitting a false claim.

5.3 How to file a counter-notice

Act in good faith and only file if a misidentification mistake has been made.

If your content is removed as the result of a copyright takedown notice, you’ll receive instructions about how to file a counter-notice in the email notification we send you. Please note that you should only submit a counter-notice if you believe that the content was removed because of a mistake or misidentification. 

When we receive a valid counter-notice, we’ll remove the complaint from your account’s record. If you asked us to reinstate the content that was removed, we will forward your counter-notice to the party that reported that content. The information they receive will include your contact information, which they may use to contact you directly.

If we provide your counter-notice to the party that reported the content, and they do not notify us that they have filed a court action seeking an order to keep the content down, we will reinstate the content. This process can take up to 14 business days.

6. THIRD-PARTY LINKS, SITES, AND SERVICES

WxH is not responsible for third-party websites or services linked from its Website.

The Services may contain links to third-party websites, resources, advertisers, services, special offers, or other events or activities (“Resources”). WxH does not own, endorse,  control or assume any responsibility for the links or the contents of the Resources. WxH provides them for your convenience only. If you access any Resources from the Services, you do so at your own risk and you agree that WxH has no liability arising from your use of or access to the links or Resources. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

7. LINKING TO THE SERVICES AND SOCIAL MEDIA FEATURES

You may link to the Services if you don’t violate others rights.

You may link to our Services, if you do so in a way that is fair and legal, and does not take advantage or damage our reputation. But you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on WxH’s behalf without our express written consent.

The Services may provide certain social media features that enable you to:

  • link from your own or certain third-party websites to certain content on the Services;
  • send emails or other communications with certain content, or links to certain content, on the Services;
  • cause limited portions of content on the Services to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by WxH, solely with respect to the displayed content, and in accordance with any additional terms and conditions WxH may provide with respect to such features.

You must not:

  • establish a link from any website that is not owned by you;
  • cause the Services or portions of them to be displayed on, or appear to be displayed by, any other site, for example: framing, deep linking, or in-line linking;
  • otherwise take any action with respect to the materials on the Services that is inconsistent with any other provision of these Terms or other policies.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Acceptable Use Policy in Section 4.

You agree to cooperate with us against any unauthorized framing or linking. We reserve the right to withdraw linking permission from any user without prior notice.

WxH may disable all or any social media features and any links at any time without prior notice per our sole discretion.

8. INTELLECTUAL PROPERTY

We respect your rights and we expect you to respect our rights.

WxH and its licensors or other providers own the Services’ content and functionality, all of which are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary laws.

These Terms permit you to use the Services for certain personal, business or commercial uses. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own use, provided you agree to be bound by our End User License Agreement (URL) for such applications.
  • If the Services provide social media features with certain content, you may take such actions as are enabled by those features.

You must not:

  • Modify copies of any materials from the Services.
  • Delete or alter any copyright, trademark, or other proprietary right notices from any copies of materials from the Services.

If you wish to make any use of material on the Services other than that set out in this section, please address your request to: [email protected].

No right, title, or interest in or to the Services or any content on the Services is transferred to you. WxH reserves all rights not expressly granted. Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

WxH’s name, and all WxH names, logos, product and service names, designs, and slogans are trademarks of its affiliates or licensors. You must not use such marks without WxH’s prior written permission. All other names, logos, product and service names, designs, and slogans on the Services may be the trademarks of other respective companies and similar permissions would likely apply.

For more information, please read our Brand Guidelines.

9. PAID SERVICES

WxH offers some of its Services in exchange for either a recurring subscription, one-time, or other fees. The details of WxH’s pricing plans are available at www.wxh.io/pricing. The pricing plan you choose determines your rights and obligations with respect to the Services.

9.1 Fees and Taxes

Fees and taxes may be added to our prices.

You agree to pay all applicable fees and taxes specific to the paid Services. WxH may calculate the taxes you must pay based on the billing information that you provide us at the time of purchase.

WxH fees are subject to change. WxH will notify you at least 30 days in advance of the effective date of any change.

Failure to pay applicable fees and taxes will result in the termination of your paid Services.

9.2 Billing

Provide accurate billing information.

WxH may use a third-party payment processor to obtain payment for the Services. You must provide accurate and complete billing information including full name, address, state, zip code, telephone number, and valid payment method information. If WxH does not receive a payment, WxH will send you an electronic invoice with a deadline for payment. 

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

9.3 Payment terms

You authorize us to charge you when you buy one of our paid offerings.

When you purchase our Services, you expressly authorize WxH or its third-party payment processor to charge you for such Services. You represent and warrant that you have the legal right to use all payment methods that you provide to us.

9.4 Subscriptions

Some Services require recurring subscription payments.

Some pricing plans have recurring fees (each, along with any applicable taxes and other charges, is a “Subscription”). Depending on which options you choose, those fees may recur each month, quarter or year thereafter, at the then-current rate. 

By agreeing to these Terms and purchasing a Subscription, you acknowledge that your Subscription has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your Subscription by you or WxH. WxH (or its third-party payment processor) will automatically charge you in accordance with the term of your Subscription (e.g., each month, quarter, or year), on the calendar day corresponding to the commencement of your Subscription using the payment information you have provided.

In the event your Subscription begins on a day not contained in a later month, your payment method will be charged on such other day as we deem appropriate. For example, if you started a monthly Subscription on January 31st, your next payment date is likely to be February 28th, and your payment method would be billed on that date. We may also periodically authorize your payment method in anticipation of applicable fees or related charges.

Your Subscription continues and will automatically renew under the exact same conditions until you cancel or WxH terminates your access to or use of the Services or the Subscription in accordance with these Terms.

9.5 Cancellations

You can cancel at any time.

You may cancel your Subscription at any time but please note that such cancellation will only be effective at the end of the then-current Subscription period. Unless required by law, YOU WILL NOT RECEIVE A REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN-CURRENT SUBSCRIPTION PERIOD AT THE TIME OF CANCELLATION.

To cancel, email us at [email protected] and follow any instructions, if any, we provide to you in response to your cancellation request. You will be responsible for all Subscription Fees incurred for the then-current Subscription period. Canceling your Subscription will not terminate your WxH account.

9.6 No Refund policy

No refunds.

Payments are non-cancellable and non-refundable. WxH does not issue any refunds or credits for partially used subscription periods. Following any cancellation, however, you will continue to have access to the Service through the end of your current billing period. 

With that said, if for any reason you’re unhappy with WxH, please let us know. Contact us inside the app, or email [email protected], give us a detailed account of what happened, and we’ll work with you to make sure you have the best experience possible.

10. FREE TRIAL

You may access our service free of charge on a limited basis.

If you register for a free trial, we will make the Service(s) available to you on a trial basis free of charge until the earlier of:

 (a) the end of the free stated trial period;

 (b) the start date of any subscription to such Service purchased by or for you; or

 (c) termination of the trial by us in our sole discretion. 

Trial terms and conditions may appear with trial registration. Any such additional terms and conditions are incorporated into these Terms by reference and are legally binding. Please review the applicable documentation during the trial period so that you become familiar with the features and functions of the Services under applicable Service Plans before you make your purchase. 

ANY USER CONTENT YOU UPLOAD, SAVE, OR CREATE THROUGH YOUR USE OF THE SERVICES DURING YOUR FREE TRIAL WILL BE PERMANENTLY LOST UNLESS YOU PURCHASE A SUBSCRIPTION TO THE SAME SERVICE AS COVERED BY THE TRIAL OR PURCHASE THE APPLICABLE SERVICE BEFORE THE END OF THE TRIAL PERIOD.

11. TERMINATION

We reserve the right to refuse service to anyone, but we will provide appropriate notice.

You can discontinue use or you may close your account at any time. 

If an account remains inactive for one (1) year or more, your account may be deemed “Inactive”. WxH reserves the right to terminate Inactive accounts. WxH may permanently or temporarily terminate or suspend your right to access or use the Services for any reason on appropriate notice. We may terminate or suspend your access immediately and without notice if we have a good reason, including any violation of our Acceptable Use Policy in Section 4. Upon termination, you continue to be bound by Sections 3 (User Content), 12 (Indemnity), and 15 (Dispute Resolution) of these Terms.

12. INDEMNITY

If we are sued because of something you did using WxH, you have to pay our costs.

You agree to defend, indemnify and hold harmless WxH and our respective officers, directors, employees and agents from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), arising out of or relating to:

(a) your violation of these Terms;

(b) your access to or use of the Services;

(c) your User Content; 

(d) your breach of any of these Terms.

13. DISCLAIMERS

13.1 Warranty Disclaimer

WxH offers the Services “AS IS” without warranties.

WxH is dedicated to providing a useful, reliable service and is continuously improving the Services to meet your needs. The Services are provided on an “AS IS” basis without warranty of any kind, whether express or implied.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WXH DISCLAIMS, ON BEHALF OF ITSELF AND ITS AFFILIATES AND LICENSORS, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 

WXH DOES NOT WARRANT THAT THE FUNCTIONS OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WXH WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, SOFTWARE, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK

WXH DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT ON THE SERVICES OR FUNCTIONS ON THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, RESULTS TO BE ACHIEVED, OR OTHERWISE. 

The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

13.2 Early Access Features

Early access Alpha and Beta features are provided for testing purposes.

Product features clearly identified as Alpha or Beta features (collectively “Early Access Features”) made available by WxH are provided to you for testing purposes only, and WxH does not make any commitment to provide Early Access Features in any future versions of the Services. You are not obligated to use Early Access Features. WxH may immediately and without notice remove Early Access Features for any reason without liability to you. Notwithstanding anything to the contrary in the Terms, all Early Access Features are provided “AS IS” without warranty of any kind and without any performance obligations.

13.3 Inappropriate Content

Unfortunately, people may create and share inappropriate content with the Services and you may see it before we have a chance to take it down. Please report unacceptable content.

WxH takes no responsibility and assumes no liability for any User Content that you or any other person or third party posts or sends using our Services. You understand and agree that you may be exposed to User Content that’s inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose. Report inappropriate content by emailing [email protected]. 

13.4 Release

You are responsible for your actions.

EXCEPT AS OTHERWISE PROVIDED HEREIN, YOU ACKNOWLEDGE AND AGREE THAT WXH ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, ARISING FROM YOUR USE OF THE SERVICES.

IN ADDITION, YOU AGREE THAT YOU BEAR ALL RISK AND YOU AGREE TO AND DO HEREBY RELEASE WXH, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, SHAREHOLDERS, AGENTS, REPRESENTATIVES, LICENSORS, LICENSEES AND SUPPLIERS (COLLECTIVELY, THE “WXH PARTIES”) FROM ALL CLAIMS, DEMANDS, LIABILITIES AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, NOW AND IN THE FUTURE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICES AND YOUR USE OF, OR TRANSACTIONS WITH, WXH, PROVIDERS OR OTHER THIRD PARTIES. EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, YOU FURTHER WAIVE ANY AND ALL RIGHTS AND BENEFITS OTHERWISE CONFERRED BY ANY STATUTORY OR NON-STATUTORY LAW OF ANY JURISDICTION THAT WOULD PURPORT TO LIMIT THE SCOPE OF A RELEASE OR WAIVER.

14. LIMITATION OF LIABILITY

We are building the best service we can for you but we can’t promise it will be perfect.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE WXH PARTIES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, MORAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM

(A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; 

(B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR 

(C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. 

OUR TOTAL LIABILITY IN ANY MATTER ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES IS LIMITED TO THE GREATER OF (A) ONE HUNDRED US DOLLARS (US $100.00) OR (B) THE AGGREGATE AMOUNT THAT YOU PAID FOR ACCESS TO THE SERVICES DURING THE THREE-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

15. DISPUTE RESOLUTION

15.1 Process

We will first work together to resolve any disputes informally.

For any dispute you have with WxH, you agree to first contact us and try to resolve the dispute with us informally. If we need to contact you, we will do so at the email address associated with your WxH account. If WxH hasn’t been able to resolve the dispute with you informally within 90 days, you agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms through binding arbitration or (for qualifying claims) in small claims court. Claims related to the Terms or Services are permanently barred if not brought within one year of the event resulting in the claim.

15.2 Arbitration

We will resolve our disagreement through arbitration meaning there will be no jury or class action.

Arbitration is a more informal way to resolve our disagreements than a lawsuit in court. For instance, arbitration uses a neutral arbitrator instead of a judge or jury, involves more limited discovery, and is subject to very limited review by courts. Although the process is more informal, arbitrators can award the same damages and relief that a court can award. By agreeing to arbitration in Section 15.1, you agree that you and WxH are each waiving the right to a trial by jury or to participate in a class action. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement. This arbitration provision will survive the termination of the Terms and the termination of your WxH account.

Any arbitration will be administered by the Arbitration Service of Portland under their rules then in effect. You can find their rules and forms at https://www.arbserve.com/index.htm. The arbitration may be conducted remotely (e.g., by videoconference), in Portland, Oregon, or at some other location that we both agree to. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts, including for matters related to data security, intellectual property or unauthorized access to the Services. 

ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND WXH ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. To the extent any claim, dispute or controversy regarding WxH or our Services isn’t arbitrable under applicable laws or otherwise: you and WxH both agree that any claim or dispute regarding WxH will be resolved exclusively in accordance with Section 16 (Governing law and jurisdiction) of these Terms.

16. GOVERNING LAW AND JURISDICTION

Oregon law will govern disputes.

These Terms shall be governed by the laws of the State of Oregon, without respect to its conflict of laws principles. You consent to the exclusive jurisdiction of the federal and state courts of Oregon for any dispute that is not resolved through arbitration. The venue for the resolution of disputes is Lane County, Oregon, USA.

17. GENERAL TERMS

17.1 Notification procedures and changes to these Terms

We will let you know if we make big changes to the Terms. If you don’t agree with the new Terms, do not use WxH.

WxH may revise and update the Terms without prior notice in WxH’s discretion.  All changes are effective immediately after posting the new updates and apply to all access to and use of the Services thereafter. Any changes to the dispute resolution provisions, however, will not apply to disputes for which the parties have actual notice on or before the date the change is posted on the Services. WxH will notify you if it determines that a revision is material. By continuing to access or use WxH after revisions become effective, you agree to be bound by the new Terms. If you don’t agree to the new terms, please stop using WxH.

WxH will determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if that’s what we decide.

17.2 Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be transferred or assigned by WxH without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

17.3 Entire agreement/severability

These Terms, together with the Privacy Policy, and any amendments and any additional agreements you may enter into with WxH, shall constitute the entire agreement between you and WxH concerning the Services; and will supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral. If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

17.4 No waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and WxH’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

17.5 Force Majeure

Neither party will be liable to the other for any delay or failure to perform any obligation (other than your payment obligations to WxH) under the Terms if the delay or failure is due to unforeseen events, which occur after the effectiveness of the Terms and which are beyond the reasonable control of the parties, such as strikes, blockade, war, terrorism, riots, natural disasters, refusal of license by the government or other governmental agencies, in so far as such an event prevents or delays the affected party from fulfilling its obligations and such party is not able to prevent or remove the force majeure at reasonable cost.

17.6 Parties

These Terms are a contract between you and WxH Inc., an Oregon corporation, with a principal place of business at:
WxH Inc.  
315 Dellwood Drive
Eugene, Oregon 97405
USA

18. CONTACT INFORMATION

Email us.

If you have questions or comments about our terms, you may contact us by email at [email protected]. We will endeavor to respond to you promptly.

Thank you for taking the time to read these terms and we hope you enjoy using Width by Height.