Terms of Service
Last Updated: March 5, 2018
By accessing or using the applications and services owned or operated by Wordcraft, LLC. (“Wordcraft”), whether through our software app(s) or website (our “Services”), you are accepting and agreeing to be bound by the terms and conditions set forth below (these “Terms”).
Certain features of our Services may be subject to additional guidelines, terms, or rules, which will be posted with those features. We reserve the right, at any time, to modify, suspend, or discontinue our Services (or any portions of them). You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of our Services (or any portions of them).
This Agreement describes the terms governing your use of the Services. It includes by reference:
> Wordcraft’s Privacy Policy provided to you in the Services available on our website or otherwise provided to you.
> Additional Terms and Conditions, which may include those from third parties.
> Any terms provided separately to you for the Services, including, without limitation, product or program terms, ordering, activation and payment terms.
1. Creating an Account
In most cases, our Services may only be used if you have an account with us. By creating an account, you represent that (a) all required information you provide is truthful and accurate; (b) you are of legal age to agree to these Terms; and (c) your use of our Services does not violate any applicable law or regulation or these Terms. When you create an account, you will be asked to choose a user name and a password for your account or you can use your Facebook account (or other online account we support). You may not use a user name or user profile that is used by someone else or that violates these Terms. We reserve the right to reclaim any user name that violates these Terms.
Student Access. Students (anyone under 13 and/or not of the age of majority) may access and use our Services only with the involvement of their teacher, parent or legal guardian.
Privacy. Please refer to our [Privacy Policy](https://www.playwordcraft.com/privacy) for information on how we collect, use and disclose information about users of our Services.
Your Account is Your Responsibility. You are responsible for maintaining the confidentiality of your password and for any and all use of your account. You should notify us immediately if you suspect any unauthorized use of your account or access to your password. You may not (a) use the account of any other user; (b) allow someone else to use or share your account (except as permitted above); or (c) sell, lend, or transfer your account, temporarily or permanently, with someone else. If you violate these Terms, we reserve the right, in our sole discretion, to issue you a warning, suspend or terminate your account (along with your ability to access and use the Services)
2. Using Our Services
As long as you comply with these Terms, you may use our Services for educational and non-commercial purposes.
The Services are protected by copyright, trade secret, and other intellectual property laws. You are only granted the right to use the Services and only for the purposes described by Wordcraft. Wordcraft reserves all other rights in the Services. Until termination of this Agreement and as long as you meet any applicable payment obligations and comply with this Agreement, Wordcraft grants to you a personal, limited, nonexclusive, nontransferable right and license to use the Services.
Fees. We charge fees for the use of certain products or services which are described in the Service. These fees can change at any time. By selecting these products, services and/or features, you are agreeing to pay the applicable fees assessed to your account and we will charge your payment account or credit card for such purchases. Where we o er a month-by-month subscription-based service, we will charge your account at the beginning of the term and at the beginning of each renewal term thereafter until you cancel. You must cancel your subscription before it renews to avoid the billing of the next term’s fees to your account. You will not receive a refund for any partial-term cancellation
3. Acceptable Use and Conduct
You are responsible for your conduct when using our Services and you agree that you will use our Services in compliance with all applicable laws and regulations.
Prohibited Conduct. You agree that you will not initiate, engage in, or encourage any Prohibited Conduct in connection with your use of our Services. “Prohibited Conduct” includes attempting to and/or interfering or disrupting any computer or network used to provide or support the Services; restricting or inhibiting any other user from using and enjoying the Services; promoting, encouraging, advocating, or providing information about illegal activities; harassing, bullying or threatening other users; impersonating another person or representing yourself as a liated with us, our sta or our partners; soliciting passwords, account information or other personal information from other users; conducting commercial activities and/or promotions or advertisements (unless approved by us in writing); loaning your account or making it available to any unauthorized third party; reproducing, modifying, copying, deconstructing, trading or reselling the Services; making the Services available on any file-sharing or application host service; using the Services for fraudulent purposes or that violates any applicable laws and regulations; or otherwise creating liability for us.
Prohibited Content. You agree that you will not post, exchange, make available, provide, or process any Prohibited Content. “Prohibited Content” includes content t/bat/: is o ensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; bullies, defames, harasses or advocates stalking of, or intimidates another person; involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, or “spamming;” is false or misleading or promotes, endorses or furthers illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; infringes another person’s content or rights without a license to do so; promotes, copies, performs or distributes an illegal or unauthorized copy of another person’s work, whether it is protected or not, such as, presenting the work of a third party as your own (plagiarism); contains viruses, malware, or similar destructive software; or otherwise violates these Terms or creates liability for us.
Enforcement by Us. We have the right (but not the obligation) to review and delete (or modify) any content you post on our Services for any reason, including if we believe, in our sole judgment, that such content violates these Terms or is Prohibited Content, or that we believe constitutes or promotes Prohibited Conduct or otherwise threatens the safety of, or harms any other person, or creates liability for us or any other person. We reserve the right (but have no obligation) to investigate and take appropriate action, including removing content from our Services (or modifying it), suspending or terminating your account and/or suspending or terminating the provision of our Services to you, and/ or reporting you to law enforcement authorities, if you violate any provision of these Terms. In order to cooperate with governmental requests, subpoenas or court orders, to protect our systems, service providers, partners, and other users, or to ensure the integrity and operation of our business and systems, we may access and disclose any information or content we consider necessary or appropriate, including your account information (i.e. name, e-mail address, etc.), IP address and tra c information, usage history, your content, and your conduct
4. Use With Your Mobile Device
Use of these Services may be available through a compatible mobile device using Internet access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees for SMS messages, data plans, and general usage, as well as the terms of your agreement with your mobile device and telecommunications provider.
5. Ownership
You may not download, copy, reproduce, publish, modify, create derivative works of, reverse engineer, disassemble, decompile, adapt, distribute, transfer, or exploit the Services or any content therein, in whole or in part without our prior written authorization in our sole discretion. We and our suppliers reserve all rights not granted in these Terms. If you provide any suggestions, ideas, feedback, or recommendations to us regarding our Services or any content in the Services (“Feedback”), you give us a worldwide, perpetual, irrevocable, fully-paid and royalty-free license to use and exploit that Feedback for any purpose and without any further obligation to you.
6. Termination
You can terminate your account at any time by providing notice of termination to us. We reserve the right to terminate or suspend your account or your access to any or all portions of the Services at any time, for any reason, including your violation or breach of any provision in these Terms. Upon termination, all rights and licenses granted to you in these Terms immediately end. If your account or access to our Services is terminated or suspended because you violated these Terms, you will not be entitled to any refund of any fees nor will any fees be credited or reimbursed to you in any form and you will have no further right to access any of the foregoing or your account. Sections 5, 7, 8 and 12 will survive and remain in e ect even if this Agreement is terminated.
7. Use of the Services is at Your Own Risk
By using the Services, you may be exposed to information or content that might be inaccurate, incomplete, unreliable, controversial, or considered by some to be objectionable. You agree that we will not be liable in any way for any such content, such as for errors or omissions in that content, or any losses or damages incurred as a result of the use or reliance of any information or content available via the Services. The Services are provided to you “AS IS” and on an “AS AVAILABLE” basis. WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty of any kind or nature that the Services will meet all of your requirements or will be available on an uninterrupted, completely secure, or error-free basis.
8. Limitation of Liability and Indemnity
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE RESPONSIBLE FOR ANY LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. TO THE EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIMS. IN ALL CASES, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF WORDCRAFT AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES AND ITS USE.
You agree to indemnify and hold Wordcraft harmless from any and all claims, liability and expenses, including reasonable attorneys' fees and costs, arising out of your use of the Services or breach of this Agreement (collectively referred to as "Claims"). Wordcraft reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by W in the defense of any Claims.
9. Communications
Wordcraft may be required by law to send you communications about the Services. You agree that Wordcraft may send these
communications to you via email or by posting them on our websites.
10. Passwords and Updates
You will manage your passwords and accept updates. You are responsible for securely managing your password(s) for the Services and to contact Wordcraft if you become aware of any unauthorized access to your account. The Services may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve the Services. You agree to receive these updates.
11. Transfer
You cannot assign or transfer ownership of this Agreement to anyone without written approval of Wordcraft in its sole discretion. However, Wordcraft may assign or transfer it without your consent to (a) an a liate, (b) a company through a sale of assets by Wordcraft or (c) a successor by merger.
12. Governing Law and Jurisdiction
These Terms will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to or application of conflicts of law rules or principles. Notwithstanding the foregoing, you acknowledge that your breach (or an apprehension of breach) of any provisions of this Agreement, or any infringement (or apprehension of infringement) of Wordcraft’s intellectual property rights may cause Wordcraft irreparable damage for which recovery of money damages would be inadequate. Accordingly, you agree that Wordcraft shall be entitled, in addition to any other remedies available to it, to seek (in any court of competent jurisdiction, notwithstanding the previous sentence) any relief (whether equitable or otherwise) to prevent or restrain any such breach or apprehended breach by you or otherwise to protect Wordcraft’s rights under this Agreement. The parties hereby submit to the exclusive jurisdiction of the federal and state courts of Su olk County, Massachusetts (including the business section of Superior Court) for any lawsuit arising from or relating to these Terms, the Privacy Policy or our Services. You further agree that you will procure that any third party making a claim against Wordcraft arising out of this Agreement shall bring such claim exclusively in such courts and subject to the limitations and exclusions of liabilities provided for in this Agreement.
By using our Services you consent to personal jurisdiction and venue in the state and federal courts for Suffolk County, Boston for any lawsuit filed there against you by us arising from or relating to these Terms or our Services.
13. General Provisions
These Terms constitute the entire agreement between us with respect to the subject matter and supersede and merge any prior proposals, understandings and contemporaneous communications. These Terms may be amended by us from time to time in our sole discretion. If we make material changes to these Terms, we will notify you by posting the revised Terms or notifying you through the Services or your account. Your continued use of the Services after the changes go into e ect will constitute your agreement to such changes. If any part of these Terms is determined to be invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the remaining provisions of these Terms will remain in full force and effect.
Contacting Us
If you have any questions about these Terms, please contact us at hello@playwordcraft.com.
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