Terms of Service
Last updated on August 19, 2024.
All services under the Enterprise & Business offering, including tailored content creation and generation software customized for a specific buyer and use by a commercial enterprise, are not part of the ContentCore service description and are not governed by following Terms of Service.
Acceptance of the Terms of Service
ContentCore (the "Company," "we," "us," or "our") provides services (described below) and related content to you through our website(s) located at https://contentcore.xyz (the "Site") and related content and technologies (such related technologies and the Site, including any updated or new features, functionality and technology, the "Service"). All access and use of the Site and Service is subject to the terms and conditions contained in these Terms of Service (as amended from time to time, these "Terms of Service"). By accessing, browsing, or otherwise using the Site or any other aspect of the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not accept the terms and conditions of these Terms of Service, you will not access, browse, or otherwise use the Service.
We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do so, we will post the changes on this page and indicate at the top of this page the date these Terms of Service were last revised. While we may notify you via email newsletter or through other reasonable means, we reserve the right not to provide such notice. You may read a current, effective Terms of Service by visiting the "Terms of Service" link on the Site. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service. You should periodically visit this page to review the current Terms of Service so you are aware of any revisions. If you do not agree to abide by these or any future Terms of Service, you will not access, browse, or use (or continue to access, browse, or use) the Service.
Please read these terms of service carefully, as they contain an agreement to arbitrate and other important information regarding your legal rights, remedies, and obligations. The agreement to arbitrate requires (with limited exception) that you submit claims you have against us to binding and final arbitration, and further (1) you will only be permitted to pursue claims against ContentCore on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis. In no event will our total liability under any claim of whatever nature arising directly or indirectly from your use or accessing of the Service exceed: (a) US$9.99; or (b) the membership fees or license fees actually paid by you in the 12-month period before the date such liability first arose. Any disputes related to the Company or the Service will be conclusively resolved through civil litigation exclusively in the District Court of the Netherlands.
Your Privacy:
At ContentCore, we respect the privacy of our users. For more information please see our Privacy Policy, located at https://contentcore.xyz/privacy (the "Privacy Policy"). By using the Service, you consent to methods and purposes for collecting, using, and/or disclosing ("processing") your personal information as outlined therein.
Additional Terms:
In addition, when using certain features through the Service, you will be subject to any additional terms applicable to such features that may be posted on or within the Service from time to time. All such terms are hereby incorporated by reference into these Terms of Service.
Access and Use of the Service
Service Description:
ContentCore is designed to help users customize the appearance of web-based 3D scenes and visual assets available within the Service ("Service Content"), and to export and save the rendered outputs as images and videos ("Content").
Your Registration Obligations:
You may be required to register with ContentCore or provide information about yourself (e.g., email address, name, billing address) in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by the Service's registration form. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 18 years old, you may use the Service, with or without registering, only with the approval of your parent or guardian.
Modifications to Service:
ContentCore reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that ContentCore will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
General Practices Regarding Use and Data Storage:
You acknowledge that ContentCore may establish general practices and limits concerning use of the Service. You agree that ContentCore has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded to the Service, or data stored by third-party service providers outlined in our Privacy Policy. You acknowledge that ContentCore reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Ownership:
The technology and software underlying the Service or distributed in connection therewith are the property of ContentCore, its affiliates, and its licensors (the "Software"). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by ContentCore. No employee, independent contractor, agent, or affiliate of any competing product providing services similar to ContentCore is permitted to view, access, or use any portion of the Service without express written permission from ContentCore. By viewing, using, or accessing the Service, you represent and warrant that you are not a competitor of ContentCore or any of its affiliates, or acting on behalf of a competitor of ContentCore in using or accessing the Service.
User Conduct:
You agree not to use the Service to create, download, upload, produce, share, or transmit any content with the Company or publicly that: (a) infringes upon any intellectual property or other proprietary rights of any party; (b) you do not have a right to make available, including but not limited to material restricted by intellectual property or other proprietary rights, material that is classified or otherwise legally protected, or material protected by contractual or fiduciary obligations; (c) poses or creates a privacy or security risk to any person; (d) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, discriminatory, or otherwise objectionable; (e) in the sole judgment of ContentCore, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose ContentCore, its users or members to any harm or liability of any type; (f) violate any applicable local, state, national, or international law, or any regulations having the force of law; (g) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Fees:
To the extent the Service or any portion thereof is made available for any fee, you may be required to select a payment plan and provide information regarding your credit card or other payment instrument. You represent and warrant to ContentCore that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with ContentCore or the Payment Processor (as defined below), as applicable, of any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay ContentCore the amount that is specified in the payment plan in accordance with the terms of such plan and these Terms of Service. If your payment plan includes an ongoing subscription that is automatically renewed periodically, you hereby authorize ContentCore (through the Payment Processor) to bill your payment instrument in advance on such periodic basis in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges you must let ContentCore know within sixty (60) days after the date that ContentCore charges you. We reserve the right to change ContentCore's prices. If ContentCore does change prices, ContentCore will provide notice of the change through the Service user interface, email, or through other reasonable means, at ContentCore's option, at least thirty (30) days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. You will be responsible for all taxes associated with the Service, other than taxes based on ContentCore's net income.
Payment Processing:
Notwithstanding any amounts owed to ContentCore hereunder, ContentCore does not process payment for any services. To facilitate payment for the Service via bank account, credit card, or debit card, we use Stripe, Inc. and its affiliates ("Stripe"). These payment processing services are provided by Stripe and are subject to the Stripe terms and conditions and other policies available at https://stripe.com/legal and Stripe's Global Privacy Policy available at: https://stripe.com/privacy (collectively, the "Stripe Agreements"). By agreeing to these Terms of Service, users that use the payment functions of the Service also agree to be bound by the Stripe Agreements, as the same may be modified by Stripe from time to time. You hereby authorize Stripe to store and continue billing your specified payment method even after such payment method has expired, to avoid interruptions in payment for your use of the Service. Please contact Stripe for more information. ContentCore assumes no liability or responsibility for any payments you make through the Service.
Refunds and Cancellations:
Payments made by you hereunder are final and non-refundable, except as otherwise determined by ContentCore. You may cancel your subscription at any time by logging into your account through the Customer Portal available at https://billing.stripe.com/p/login/3cs03ZbCWdrx6jK288 and following the instructions provided by Stripe. Your subscription will be canceled at the end of the billing period. Access to the Service or any paid portions thereof will remain active until the end of that billing period, after which the cancellation will take full effect.
Disclaimer of Warranties:
Except for the license for commercial use of created content using ContentCore ("ContentCore Commercial License"), or where any portion of the Service is expressly stated to be made available for a fee, the current effective Service is provided by the Company "as is" and free of charge, including all editing tools, core functionality, and content available within the Service ("Service Content"). Therefore, ContentCore disclaims any express or implied warranties, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. In no event shall the Company or contributors be liable for any direct, indirect, incidental, special, exemplary, or consequential damages. This includes, but is not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption, however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise). This applies even if arising in any way out of the use of this software, even if advised of the possibility of such damage.
You expressly understand and agree that the ContentCore parties will not be liable for any indirect, incidental, special, consequential, or exemplary damages, or damages for loss of profits, including damages for loss of goodwill, use, or data or other intangible losses (even if the ContentCore parties have been advised of the possibility of such damages), whether based on contract, tort, negligence, strict liability, or otherwise, resulting from: (a) the use or the inability to use the service; (b) the cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into through or from the service; (c) unauthorized access to or alteration of your transmissions or data; (d) statements or conduct of any third party on the service; or (e) any other matter relating to the service. In no event will the ContentCore parties’ total liability to you for all damages, losses, or causes of action exceed the (a) US$9.99; or (b) the membership fees or license fees actually paid by you in the 12-month period before the date such liability first arose.
Certain jurisdictions disallow the disclaimer or exclusion of some warranties or the limitation or exclusion of liability for incidental or consequential damages. In accordance with some of the limitations set forth above may not apply to you and if you are dissatisfied with any portion of the service or with these Terms of Service, your sole and exclusive remedy is to discontinue use of the service.
ContentCore Non-commercial license
Subject to your compliance with these Terms of Service, ContentCore, after your registration in the Service, grants you a limited, non-transferable, non-sublicensable, non-assignable, non-exclusive, revocable license for Service Content contained therein and any Content created by you for personal and non-commercial use only. Non-commercial use excludes any use intended for or directed towards commercial advantage or monetary compensation. All modifications to Content, derivative works, and Content combined with your own works of authorship or other companies' works of authorship are also restricted to non-commercial use only.
You may use the Content on websites or social media channels, as an element of any product or its packaging, in any form of print, in video clips for on-demand channels and broadcasting, in any form, medium, or technology now known or later developed, and for any other purposes in accordance with these Terms of Service and User Conduct terms, as long as such use complies with non-commercial purposes.
Any suspected commercial use under a Non-commercial license and any fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Service and your Non-commercial license may be referred to appropriate law enforcement authorities. ContentCore may also, at its sole discretion and at any time, discontinue providing the Non-commercial license with a notice of at least thirty (30) days before the change takes effect, and may at any time discontinue providing the Service, or any part thereof, with or without notice. In the event the Company discontinues providing the Non-commercial license, all content you created, published, or saved before the effective date of discontinuation will be exempt from the necessity of obtaining a ContentCore Commercial License, as long as the use of the Content continues to comply with non-commercial purposes.
ContentCore Commercial license
Subject to your compliance with these Terms of Service, ContentCore hereby grants you non-transferable, non-sublicensable (directly and indirectly through multiple tiers), non-assignable, non-exclusive license to use any Content created and downloaded using the Service during the applicable membership subscription period. Content produced and downloaded within paid subscription period obtains Commercial license on perpetual basis and your Commercial license to the Content will continue indefinitely, even after you have cancelled your subscription. You also will not have to pay us any other fees for your ongoing use of that Content - provided that your use is in accordance with these Terms.
You may, without any limitations on quantity, download, copy, display, stream, broadcast, print, upload, perform, distribute, store, modify, create derivative works based on your created Content (in whole or in part), rent, lease, loan, sell, or otherwise use your created Content for commercial purposes, promotion, advertising, or marketing of the foregoing in any form, medium, or technology now known or later developed, and for any other purposes in accordance with these Terms of Service and User Conduct terms.
Commercial license owner liabilities:
You assume all risk associated with your produced Content and the transmission of your Content, and you have sole responsibility for the quality, legality and appropriateness of your Content. Under no circumstances will ContentCore be liable in any way for any content or materials of any third parties (including users), including for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content.
The rights of use granted to you under this Agreement are personal to you, your business, or your organization. You may grant others the right to use the Content for their personal or business purposes, but you may not transfer, directly or indirectly sublicense through multiple tiers, or assign your ContentCore Commercial license, nor bind ContentCore in any way with a license for any third parties.
It is strictly prohibited under no circumstances to: (a) protect created Content or its parts by copyright, patent, trademark, trade secret, or other proprietary rights and laws; (b) seek copyright indemnification or file a copyright claim against users and members of the Service, consumers of direct or derivative digital or physical products produced through the use of Content, or against ContentCore, its affiliates, and its and their respective officers, employees, directors, service providers, licensors, and agents, on the basis of copyright infringement, or indemnification based on claims that your intellectual property rights have been infringed. Any such violation or use not in compliance with these Terms of Service will result in the termination of the license rights granted herein. In such an event of violation, to protect the rights of users and members of ContentCore according to the Terms of Service, the Company reserves the right, but is not obligated, to intervene in disputes between you and any other member of the Service.
Indemnification:
You agree to defend, indemnify, and hold harmless ContentCore, its affiliates, and its and their respective officers, employees, directors, service providers, licensors, and agents from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind, and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service, or your violation of any rights of another. Notwithstanding the foregoing, you will have no obligation to indemnify or hold harmless any ContentCore Party from or against any liability, losses, damages, or expenses incurred as a result of any action or inaction of such ContentCore Party. ContentCore will provide notice to you of any such claim, suit, or proceeding. ContentCore reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section, and you agree to cooperate with any reasonable requests assisting ContentCore's defense of such matter. You may not settle or compromise any claim against the ContentCore Parties without ContentCore's written consent.
Contacts:
Report any violations of these Terms of Service or share any questions regarding these Terms of Service or the Service: support@contentcore.xyz.
Kleine-Gartmanplantsoen 21, 1017 RP, Amsterdam