Waymark’s legal team works hard to make things simple for you. We’ve summarized our Terms of Service into delightfully simple 1-paragraph and 1-page versions that anyone can read. For your lawyer, there’s a long-form version with the complete terms. Enjoy!
Waymark equips your team with anyone-can-edit video. As a customer, you can watch and create your Productions free of charge, and you can purchase a download license, which gives you the right to use Waymark Productions, in their original form, for business and non-business purposes, including any and all online or TV advertising. Our license covers use on all platforms including online, TV, outdoor events, theaters, etc., though not all aspect ratios will work on every platform. Feel free to contact us to discuss specific plans for your video. Waymark Productions may contain content that you do not own; importantly, you cannot extract such content from a Waymark Production or re-use such content for any purpose, nor can you use Waymark videos for illegal, immoral or other restricted purposes. In general, all purchases on Waymark.com are final and non-refundable, though we will always do our best to “make it right.” Remember, this is just a short summary. For more information, read the 1-page version.
Waymark’s goal is to maximize the value of your Productions by ensuring that we support as many use cases as we can. This summary provides a bit more information beyond our 1-paragraph summary. For more information, read the full version below.
If you purchase a download license, you can show and share your Productions online in nearly any way you’d like, including all forms of paid online advertising; publishing / sharing on 3rd party platforms (Facebook, Youtube, LinkedIn, Snapchat, etc) for business or non-business purposes; and publishing to your website or email list. Additional edits or updates to your Productions may cost extra.
Your Productions may also be used for out-of-home advertising, theatrical viewings, television broadcast worldwide and for any other platform that exists now or in the future. However, not all templates have the correct aspect ratio for every platform, so make sure to check your platform’s requirements before creating your Production.
All purchases are final and non-refundable. Subscriptions are auto-renewing on the billing cycle that you select at purchase or as laid out if your terms of service. If you choose to stop a subscription, your service will end and you will not be billed again.
CONTENT AND USAGE RIGHTS
Waymark Productions may include a combination of content you own, content that we create & own, and content - including video clips, images, music, and sound effects - that we license from other content owners.
You are responsible for content that you upload, as well as content our technology discovers on your website, social media profiles, and directory listings, and content you add to a Waymark Production via any integration we offer with our product. If you create a Waymark Production using other people’s content, likeness or trademark without permission, you could be sued by the content owner, and you’ll be solely responsible for any damages.
You cannot extract any content that you do not own from a Waymark Production for any purpose. For example, music that is synced to your video cannot be extracted and synced to other videos. Images that you don’t own cannot be extracted for any purpose. Video clips you do not own cannot be extracted for any purpose. If you do extract assets that you do not own and re-use them, you could be sued by the content owner, and you’ll be responsible for any damages. If you know what a digital fingerprint is, it should go without saying that you cannot remove any digital fingerprints from videos.
Waymark is intended to empower people, not to hurt people. You cannot create videos intended to defame or otherwise harm others, to promote hate speech or violence in any form, or to impersonate other people or brands. You may not use stock content that includes identifiable people in any form of pornography or ads for tobacco products, adult products, political candidates, etc.
While we strive to make Waymark easy enough that anyone can use it, if you have a reseller account (that is Waymark Co-Brand, Waymark White-Label, or Waymark Integration), you are allowed to use the Waymark Site to create Productions for others, and you may charge a service fee for this work. All of the same rights & restrictions outlined here are intended to apply equally to anyone who pays you for help creating a video, and it is your responsibility to communicate these limitations to them. If you fail to do so and your client acts in violation of these terms, you could be liable for damages. If you have a Waymark Standard account, you may not resell Productions.
LAST UPDATED February 24. 2022
Notice Regarding Dispute Resolution: These Terms contain provisions governing how any claims that may arise between you and Waymark will be resolved (see Legal Disputes and Arbitration Section below), including an obligation to arbitrate disputes, which will, subject to limited exceptions, require you to submit any claims you might have against us to binding arbitration, unless you opt-out in accordance with the Arbitration Section below.
DESCRIPTION OF SITE OFFERINGS
Waymark offers a service to help create videos using video templates featuring you, your business or that of your client or customer(“Productions”). The images, video clips, text, animations, business information, customer reviews, music, and other components of any Productions (collectively, “Content”) can come from four different sources: (i) you, (ii) us, (iii) third-party licensors we engage to supply stock visual and/or audio materials, and (iv) website(s), social media pages, and online directory pages featuring you which we may search for, analyze, and extract material from during the process of helping you create Productions.
You will have the chance to review, edit, and approve the content of all Productions created at your request. You are solely responsible for the final version of such Productions as well as all Content you supply, whether directly by you or obtained by us from searching websites, social media pages, and online directories featuring you. You warrant and represent that you possess all necessary rights for the use of such Content in the Productions. See additional important details on usage below in the section on Content Usage Rights and Licenses.
If you pay for a subscription for any Productions created via the Site, we will place the Productions online for you per the terms of the subscription package you select. Unless you also pay for an additional license, you will not have any other usage rights for such Productions.
If you pay for a download license for any Production(s) created via the Site, you will have the ability to use the Production(s) on any platform. Waymark, however, does not guarantee that any specific template or video will be optimal or even usable on every platform and you should check the specifications and requirements of your desired platform before downloading your Production.
Except as otherwise expressly provided in these Terms, all purchases are final with no cancelation or refunds.
Certain services offered through the Site, such as referral programs, loyalty programs, gift cards, sweepstakes and other similar offers, will be subject to additional terms. Those terms will be presented in conjunction with the particular program or offer and will be binding on those who participate in those programs or offers. These Terms will apply equally. Without limitation, the additional terms include product & service descriptions, prices, and restrictions posted on the Site, which are subject to change from time to time and should be reviewed by you each time you submit content or place an order.
USERS AND ACCOUNTS
In order to make a purchase on the Site, you must create an account. You may also have the option of creating an account in anticipation of making future purchases. If you create an account, you agree you will: (a) create only one account; (b) provide honest, accurate, current and complete information regarding yourself; (c) keep your information updated and accurate; and (d) notify Waymark if you discover or suspect that your account has been hacked or its security breached.
You agree to take responsibility for all activities on or under any account registered to you and you accept all risks for any unauthorized use of your account. You are responsible for providing the equipment and services that you need to access and use the Site. We do not guarantee that the Site will be accessible on any particular equipment or device or with any particular software or service plan.
If you have created an account through regular retail purchase, are using your account for a single business owner, or have a Waymark Standard subscription, you may not resell any Productions made through the Site. Your download license imbues the rights stated herein to you and only you and may not be extended to your clients, customers, or other organizations. If you have created an account under a Waymark Co-Brand, Waymark White-Label, or Waymark Integration subscription, your rights include the right to resell Productions and to extend your rights, duties, and obligations stated herein to your customers or clients.
We reserve the right, without notice and in our sole discretion at any time, to terminate your right to access and use the Site or any component of the Site, and to block or prevent future access to and use of the Site and to delete your account and any related information. Any obligation or liability incurred prior to termination of your access to the Site will survive such termination.
If you wish to use the Site for creation of Productions for third parties, you agree to the following:
1. You remain responsible and liable for compliance with these Terms and the terms of any subscription(s) or license(s) you order.
2. You are responsible for advising your client(s) of all usage restrictions on any Productions as well as any violation(s) by such client(s) or any third parties acting with their permission.
3. All restrictions on usage apply equally as if you were using the Productions for your own purposes.
4. The term “you” for purposes of an Agency account will include you and your client(s) on whose behalf Productions are created.
Except as expressly provided in these Terms or in any license you purchase from us for Productions created for you, you may not copy, distribute, publish, transmit, modify, publicly display or perform, create derivative works of, or otherwise exploit any part of the Site. You may not save or archive a significant portion of the material appearing in or on the Site. All rights not expressly granted herein are reserved by Waymark.
Support hours are 8 a.m. to 6 p.m. Eastern time, Monday through Friday. Operational hours are 9 a.m. to 6 p.m. Eastern time all week.
Operational response times:
For a production system outage:
During support hours we will respond to an inquiry within two hours
Outside of support hours we will respond to an inquiry within twenty-four hours
For a production system impairment:
During support hours we will respond to an inquiry within four hours
Outside of support hours we will respond to an inquiry within twenty-four hours
For general guidance inquiries we will respond within one business day.
Our monthly uptime SLA for unplanned outages during operational hours is 99% Planned outages will last no longer than one hour during operational hours. Planned outages of greater than five minutes within operational hours are communicated at least one week ahead of the scheduled outage. Planned outages of greater than five minutes outside of operational hours are communicated at least one day of the scheduled outage. Database maintenance window is every Sunday from 8:44-9:14 UTC.