By generating a Design you’ve created on Whorl’s Service, you agree to be bound by the terms of this Content License Agreement, the Whorl Privacy Policy and Whorl’s Terms of Use. Defined terms used in this agreement have the meaning given in our Terms of Use.
If you don’t agree to the terms of this agreement, you may not generate or export Designs using the Service.
What You Can Do with Your Designs
Subject to the more specific license details below, here is a summary of what you can do with materials from Whorl:
- Starters: You may not export or use unaltered starter files (the “Starter Files”) for any purpose other than generating your own Designs.
- Designs: You may use your Designs for nearly anything you like, with the exception of (a) print-on-demand products, (b) electronic templates for resale, or (c) as a trademark.
License Details
Under the terms of this Content License Agreement, we grant you a perpetual, worldwide, non-exclusive, non-transferable (subject to the terms of “Additional Rights for Client Designs” below), worldwide license to use your exported Designs containing the Licensed Content in any way that is not prohibited (see Prohibited Uses below) if you have a valid Whorl subscription when you export the Design.
Additional Rights for Client Designs
You may transfer a Whorl Design to your own client for the client’s own use, subject to the following terms:
- You will remain solely responsible and liable for your client’s compliance with these terms;
- A Whorl Design can only be transferred to a single client; and
- You may not transfer any Design that does not also incorporate your own User Content.
Examples of Permitted Uses
By way of example only, these are the some of the things this Content License Agreement permits you to do or make with exported Designs (subject to the Prohibited Uses set forth below):
- Advertising and promotional projects, including printed materials, product packaging, presentations, film and video presentations, commercials, catalogues, brochures, and invitations, without any reproduction quantity limit;
- School or university projects;
- Social media posts or profile images;
- Decorative backgrounds on a personal computer or mobile device;
- Entertainment applications, such as books and book covers, magazines, newspapers, editorials, newsletters, and video, broadcast and theatrical presentations of unlimited prints;
- Online or electronic publications, including web pages, blogs, eBooks and videos;
- Prints, posters (i.e. hardcopies) and other reproductions for personal or promotional purposes, resale, license or other distribution;
- Any other uses approved in writing by Whorl.
Prohibited Uses
You shall not:
- Sub-license, re-sell, rent, lend, assign, gift or otherwise transfer or distribute (a) any unaltered Starter File, or (b) any of the rights granted under this Content License Agreement except to clients as permitted above;
- Use or display any Design on a standalone basis on websites or other venues involving the sale, license or other distribution of "on demand" products (meaning products in which content is selected by a third party for customization on such product on a made-to-order basis), including, without limitation, postcards, mugs, t-shirts, posters and other items (this includes the sale of products through custom designed websites, as well as sites such as zazzle.com and cafepress.com);
- Use any Designs in electronic or digital templates intended for resale or other distribution (for example, website templates, business card templates, electronic greeting card templates, brochure design templates);
- Use any Design as part of a trademark, design-mark, or service mark;
- Remove any notice of copyright, trademark or other proprietary right from any Design;
- Use any Design in a way that is pornographic, obscene, immoral, infringing, defamatory or libelous in nature;
- Use any Design in a manner that competes with Whorl’s business;
- Use Designs for any machine learning and/or artificial intelligence purposes.
Violation of this License and Termination
Whorl may track your Designs and your account to make sure you’re not in violation of this Content License Agreement or any of our Terms. This might include monitoring downloads and exports, retaining details of your Designs, and tracking abuse of your login credentials. If you violate this license, all rights granted to you herein shall immediately and irrevocably revert to us and we shall have the right to suspend or terminate your account without notice.
If your account is terminated for violating this license or any abuse of your account, you will lose all rights to the Designs and must immediately delete all Content and Whorl designs acquired from Whorl, and forfeit all fees paid.
You can terminate your license by destroying the Design, along with any copies or archives of it or accompanying materials (if applicable), and no longer using the Design for any purpose. Whorl can terminate these content licenses without advance notice if you fail to comply with any of its terms. If that happens, you must immediately (i) cease using any Designs for any purpose; (ii) destroy or delete all copies and archives of the Designs; and (iii) if requested, confirm to Whorl in writing that you have complied with these requirements.
Whorl reserves the right to cancel or change the licenses granted by this agreement.
All content on Whorl’s Service is protected by United States and international copyright. Whorl and its contributors reserve all rights that aren’t explicitly given to you under this license. That includes all copyright and intellectual property rights.