Terms and Conditions of Use
Welcome to our website. This site is maintained as a service to our customers. By using this site, you agree to comply with and are bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this site.
1. Agreement. This Term of Use agreement ("the "Agreement") specifies the Terms and Conditions for access to and use of wordplays.com (the "Site") and describe the terms and conditions applicable to your access of and use of the Site. This Agreement may be modified at any time by Wordplays upon posting of the modified Agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at https://www.wordplays.com/terms-of-use/. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.
2. Privacy. Your visit to our site is also governed by our Privacy Policy. Please review our Privacy Policy at https://www.wordplays.com/privacy/.
3. Description of Service. Wordplays.com makes available a collection of word games and word game solver tools to its registered and non-registered users as the Service. Unless explicitly stated otherwise, any new features which augment or enhance the Service, including without limitation the release of new wordplays.com properties, are subject to the then current Terms of Use. All users must abide by the Terms of Use. If a user fails to follow any of the provisions set out herein, Wordplays reserves the right to discontinue their ability to use the Site at any time.
4. Ownership. All content included on this site is and shall continue to be the property of Wordplays or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site. Any information or material, provided through feedback forms, e-mail or other submissions to wordplays.com are non-confidential and must not violate the intellectual property rights of third parties, and shall become the sole property of wordplays.com. Wordplays.com shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgement or compensation to others.
5. Intended Audience. YOU MUST BE AT LEAST 13 YEARS OF AGE TO ACCESS AND USE THIS WEBSITE. IF YOU ARE 13 YEARS OR YOUNGER, DO NOT USE THIS SITE FOR ANY PURPOSE.
6. Trademarks. You acknowledge our exclusive rights in the wordplays.com trademark and service mark. Trademarks, service marks, logos, and copyrighted works appearing in this website are the property of Wordplays or the party that provided such intellectual property to Wordplays. Wordplays and any party that provides intellectual property to the Site retain all rights with respect to any of their respective intellectual property appearing in this website, and no rights in such materials are transferred or assigned to you.
7. Site Use. Wordplays grants you a limited, revocable, nonexclusive license to use this site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You may only use the Site for purposes expressly permitted by this Terms of Use. You agree not to copy materials on the Site, reverse engineer or break into the site, or use materials, products, or services in violation of any law. You further agree not to transmit any viruses, worms, defects, Trojan Horses or any items and/or computer code, files or programs of a destructive nature and/or otherwise designed to interrupt or limit the functionality of any computer software or hardware or telecommunications device. You agree not to transmit or allow access or distribution of any spiders, robots, application programming interfaces or other information gathering computer programs or routines or their equivalents on or in the Site. As a condition of your use of wordplays.com, you represent and warrant to wordplays.com that you will not use the Site and any service for any purpose that is unlawful, offensive, and/or prohibited by this Terms of Use. The use of this website is at the discretion of Wordplays and Wordplays may terminate your use of this website at any time.
8. Registration. In order to use certain aspects of the service you are required to register. We refer to registered users as "members". Registered users are subject to the following specific terms in addition to all of the other terms of this Agreement:
o In consideration of your use of the Service, you represent that you are of legal age to form a binding contract, which is eighteen (18) years of age in the United States, and are not a person barred from receiving the Services under the laws of the United States or other applicable jurisdiction.
o You agree to provide true, accurate, current and complete information as required on the Registration Form. If you provide any information that is untrue, incomplete, not current or inaccurate, Wordplays has the right to suspend or terminate your account and refuse your current or future use of the service (or any portion thereof).
o You agree that Wordplays may, under certain circumstances and without prior notice, immediately terminate your wordplays.com account, any associated screen name and/or access to the Service. Cause of such termination shall include, but is not limited to: (i) a breach or violation of the Terms of Use or other wordplays.com policies, guidelines, or rules (including without limitation the Privacy Policy), (ii) extended periods of inactivity, (iii) your engagement in fraudulent or illegal activity, (iv) unexpected technical or security issues, and (v) requests by law enforcement or other government agencies. You also agree that any termination is in Wordplay's sole discretion and that Wordplays will not be liable to you or any third party for any termination of your account, password, screen name, and/or access to the Service.
o You agree that your account is non-transferable and any rights to your account, password, screen name terminate upon your death or disability and/or termination of account for any reason.
o You are responsible for any activities that take place under your screen name and password. If you become aware of any unauthorized use of your password or account, or any other breach of security, contact Wordplays immediately. It is up to you to maintain the confidentiality of your password and account. Wordplays is not responsible or liable for any loss or damage arising from your failure to comply with the provisions of these terms.
9. Links. The Site may provide, or third parties may provide links to other websites or resources, which are not maintained by or related to wordplays.com. Links to such sites are provided as a service to our users and are not sponsored by, endorsed, or otherwise affiliated with wordplays.com. Wordplays has no control over these sites and their content, and makes no representations or warranties about the content, completeness, quality or accuracy of the links, materials or information contained on any such website. Therefore, you acknowledge and agree that Wordplays is not responsible for the availability of such links, resources and content, and does not endorse, and is not responsible or liable for, any content, advertising, products, or other materials made available on or from these linked websites. You also acknowledge and agree that Wordplays is not responsible or liable, directly or indirectly, for any damage or loss caused by or alleged to have been caused by, or in relation to, the use of any Content, goods or services offered through these links or any failures and/or disruption to your computer system that results from your use of any such links, or for any intellectual property or other third party claims related to your use of any such links, or for any intellectual property or other third party claims relating to your using such links.
10. Compliance with Laws. You agree to comply with all applicable laws regarding your use of the Site. You further agreed that information provided by you is truthful and accurate to the best of your knowledge.
11. Indemnification. You agree to indemnify, defend and hold Wordplays and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site.
12. Disclaimer. THE INFORMATION ON THIS SITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. WORDPLAYS DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.
WORDPLAYS ASSUMES NO RESPONSIBILITY FOR TIMELINESS, NON-DELIVERY, OR FAILURE TO STORE ANY COMMUNICATION, WRITING, IMAGE, OR PERSONALIZATION SETTINGS. ADDITIONALLY, WORDPLAYS PROVIDES INFORMATION WITHOUT WARRANTY OF ANY KIND AND AS SUCH, WORDPLAYS IS NOT RESPONSIBLE OR LIABLE FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, OR RELIABILITY OF THE INFORMATION.
13. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL WORDPLAYS BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.
You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
14. Use of Information. Wordplays reserves the right, and you authorize us, to use and assign all information regarding site uses by you and all information provided by you in any manner consistent with our Privacy Policy.
15. Copyrights and Copyright Agent. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Copyright Agent:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Site;
(d) Your address, telephone number, and e-mail address;
(e) 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; and
(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our Copyright Agent for Notice of claims of copyright infringement on the Site can be reached by via our feedback form or via e-mail: webmaster@wordplays.com
16. Disputes. If there is any dispute about or involving the wordplays.com and/or the Service, you agree that any dispute shall be governed by the laws of the State of Florida, without regard to conflict of law provisions. You agree to personal and exclusive jurisdiction by and venue in the state and federal courts of Pinellas County, Florida.
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICE OR THESE TERMS OF USE MUST BE FILED WITHIN SIXTY (60) DAYS AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
17. Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
18. Waiver. The failure of Wordplays to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Wordplays must be in writing and signed by an authorized representative of wordplays.com.
19. Modification and Termination of the Site. Wordplays reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site or any service provided by the Site (or any party thereof) with or without notice. You agree that Wordplays will not be liable to you or any third party for any modification, suspension or discontinuance of the website or any service. No refunds for payments made for the Services described herein will be provided.
20. Relationship of the Parties. Nothing contained in this Agreement or your use of the Site shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.
21. Entire Agreement. This Terms of Use constitutes the entire agreement between you and wordplays.com and governs the terms and conditions of your use of the Site, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and wordplays.com with respect to this Site. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the Site. Wordplays.com may revise this Terms of Use at any time by updating this Agreement and posting it on the Site. Accordingly, you should visit the Site and review the Terms of Use periodically to determine if any changes have been made. Your continued use of this website after any changes have been made to the Terms of Use signifies and confirms your acceptance of any such changes or amendments to the Terms of Use.