1. ACCEPTANCE OF TERMS
Welcome to WordAnywhere. WordAnywhere provides its service to you, subject to the
following Terms of Service ("TOS"), which may be updated by us from time
to time without notice to you. In addition, when
using particular WordAnywhere services, you and WordAnywhere shall be subject to any
posted guidelines or rules applicable to such services which may be posted
from time to time. All such guidelines or rules are hereby incorporated by
reference into the TOS. WordAnywhere also may offer other services from time to
time that are governed by different
Terms of Services.
2. DESCRIPTION OF SERVICE
WordAnywhere currently provides users with access to a multi-lingual
dictionary. Unless explicitly stated
otherwise, any new features that augment or enhance the current Service,
including the release of new WordAnywhere properties, shall be subject to the
TOS. You understand and agree that the Service is provided "AS-IS" and
that WordAnywhere assumes no responsibility for the timeliness, deletion,
mis-delivery or failure to store any user communications or
personalization settings.
In order to use the Service, you must obtain access to the World Wide Web,
either directly or through devices that access web-based content, and pay
any service fees associated with such access. In addition, you must
provide all equipment necessary to make such connection to the World Wide
Web, including a computer and modem or other access device. Please be
aware that WordAnywhere has created certain areas on the Service that contain
adult or mature content. You must be at least 18 years of age to access
and view such areas.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to: (a) provide
true, accurate, current and complete information about yourself as
prompted by the Service's registration form (such information being the
"Registration Data") and (b) maintain and promptly update the Registration
Data to keep it true, accurate, current and complete. If you provide any
information that is untrue, inaccurate, not current or incomplete, or
WordAnywhere has reasonable grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, WordAnywhere has the right to suspend or
terminate your account and refuse any and all current or future use of the
Service (or any portion thereof). Please remember that the Service is
designed to appeal to a broad audience. Accordingly, as the legal
guardian, it is your responsibility to determine whether any of the
Services and/or Content (as defined in Section 6 below) are appropriate
for your child.
4. WordAnywhere PRIVACY POLICY
Registration Data and certain other information about you is subject to
our Privacy Policy.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the
Service's registration process. You are responsible for maintaining the
confidentiality of the password and account, and are fully responsible for
all activities that occur under your password or account. You agree to (a)
immediately notify WordAnywhere of any unauthorized use of your password or
account or any other breach of security, and (b) ensure that you exit from
your account at the end of each session. WordAnywhere cannot and will not be
liable for any loss or damage arising from your failure to comply with
this Section 5.
6. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound,
photographs, graphics, video, messages or other materials ("Content"),
whether publicly posted or privately transmitted, are the sole
responsibility of the person from which such Content originated. This
means that you, and not WordAnywhere, are entirely responsible for all Content
that you upload, post, email or otherwise transmit via the Service. WordAnywhere
does not control the Content posted via the Service and, as such, does not
guarantee the accuracy, integrity or quality of such Content. You
understand that by using the Service, you may be exposed to Content that
is offensive, indecent or objectionable. Under no circumstances will WordAnywhere
be liable in any way for any Content, including, but not limited to, 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 Content posted, emailed or
otherwise transmitted via the Service.
You agree to not use the Service to:
| a. | upload, post, email or otherwise transmit any
Content that is unlawful, harmful, threatening, abusive, harassing,
tortious, defamatory, vulgar, obscene, libelous, invasive of another's
privacy, hateful, or racially, ethnically or otherwise objectionable; |
| b. | harm minors in any way; |
| c. | impersonate any person or entity,
including, but not limited to, a WordAnywhere official, forum leader, guide or
host, or falsely state or otherwise misrepresent your affiliation with a
person or entity; |
| d. | forge headers or otherwise manipulate
identifiers in order to disguise the origin of any Content transmitted
through the Service; |
| e. | upload, post, email or otherwise transmit
any Content that you do not have a right to transmit under any law or
under contractual or fiduciary relationships (such as inside information,
proprietary and confidential information learned or disclosed as part of
employment relationships or under nondisclosure agreements); |
| f. | upload, post, email or otherwise transmit
any Content that infringes any patent, trademark, trade secret, copyright
or other proprietary rights ("Rights") of any party; |
| g. | upload, post, email or otherwise transmit
any unsolicited or unauthorized advertising, promotional materials, "junk
mail," "spam," "chain letters," "pyramid schemes," or any other form of
solicitation, except in those areas (such as shopping rooms) that are
designated for such purpose; |
| h. | upload, post, email or otherwise transmit
any material that contains software viruses or any other computer code,
files or programs designed to interrupt, destroy or limit the
functionality of any computer software or hardware or telecommunications
equipment; |
| i. | disrupt the normal flow of dialogue, cause
a screen to "scroll" faster than other users of the Service are able to
type, or otherwise act in a manner that negatively affects other users'
ability to engage in real time exchanges; |
| j. | interfere with or disrupt the Service or
servers or networks connected to the Service, or disobey any requirements,
procedures, policies or regulations of networks connected to the
Service; |
| k. | intentionally or unintentionally violate
any applicable local, state, national or international law, including, but
not limited to, regulations promulgated by the U.S. Securities and
Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; |
| l. | "stalk" or otherwise harass another;
or |
| m. | collect or store personal data about other
users. |
You acknowledge that WordAnywhere does not pre-screen Content, but that WordAnywhere and
its designees shall have the right (but not the obligation) in their sole
discretion to refuse or move any Content that is available via the
Service. Without limiting the foregoing, WordAnywhere and its designees shall
have the right to remove any Content that violates the TOS or is otherwise
objectionable. You agree that you must evaluate, and bear all risks
associated with, the use of any Content, including any reliance on the
accuracy, completeness, or usefulness of such Content. In this regard, you
acknowledge that you may not rely on any Content created by WordAnywhere or
submitted to WordAnywhere, including without limitation information in WordAnywhere
Message Boards, WordAnywhere Clubs, and in all other parts of the Service.
You acknowledge and agree that WordAnywhere may preserve Content and may also
disclose Content if required to do so by law or in the good faith belief
that such preservation or disclosure is reasonably necessary to: (a)
comply with legal process; (b) enforce the TOS; (c) respond to claims that
any Content violates the rights of third-parties; or (d) protect the
rights, property, or personal safety of WordAnywhere, its users and the public.
You understand that the technical processing and transmission of the
Service, including your Content, may involve (a) transmissions over
various networks; and (b) changes to conform and adapt to technical
requirements of connecting networks or devices.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with
all local rules regarding online conduct and acceptable Content.
Specifically, you agree to comply with all applicable laws regarding the
transmission of technical data exported from the United States or the
country in which you reside.
8. PUBLIC CONTENT POSTED TO WORDANYWHERE
(a) For purposes of the TOS, "publicly accessible areas of the Service"
are those accessible by the general public. By way of example, a publicly
accessible area of the Service would include public WordAnywhere Clubs and
WordAnywhere Message Boards, but would not include private WordAnywhere Clubs.
(b) With respect to Content you elect to post for
inclusion in publicly accessible areas of WordAnywhere Clubs or that consists of
photos or other graphics you elect to post to any other publicly
accessible area of the Service, you grant WordAnywhere the world-wide, royalty
free and non-exclusive license to reproduce, modify, adapt and publish
such Content on the Service solely for the purpose of displaying,
distributing and promoting the specific WordAnywhere Club to which such Content
was submitted, or, in the case of photos or graphics, solely for the
purpose for which such photo or graphic was submitted to the Service. This
license exists only for as long as you elect to continue to include such
Content on the Service and shall be terminated at the time you delete such
Content from the Service.
(c) With respect to all other Content you
elect to post to other publicly accessible areas of the Service, you grant
WordAnywhere the royalty-free, perpetual, irrevocable, non-exclusive and fully
sublicensable right and license to use, reproduce, modify, adapt, publish,
translate, create derivative works from, distribute, perform and display
such Content (in whole or part) worldwide and/or to incorporate it in
other works in any form, media, or technology now known or later
developed.
9. INDEMNITY
You agree to indemnify and hold WordAnywhere, and its subsidiaries, affiliates,
officers, agents, co-branders or other partners, and employees, harmless
from any claim or demand, including reasonable attorneys' fees, made by
any third party due to or arising out of Content you submit, post to or
transmit through the Service, your use of the Service, your connection to
the Service, your violation of the TOS, or your violation of any rights of
another.
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for
any commercial purposes, any portion of the Service, use of the Service,
or access to the Service.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that WordAnywhere may establish general practices and limits
concerning use of the Service, including without limitation the maximum
number of days that email messages, message board postings or other
uploaded Content will be retained by the Service, the maximum number of
email messages that may be sent from or received by an account on the
Service, the maximum size of any email message that may be sent from or
received by an account on the Service, the maximum disk space that will be
allotted on WordAnywhere's servers on your behalf, and the maximum number of
times (and the maximum duration for which) you may access the Service in a
given period of time. You agree that WordAnywhere has no responsibility or
liability for the deletion or failure to store any messages and other
communications or other Content maintained or transmitted by the Service.
You acknowledge that WordAnywhere reserves the right to log off accounts that are
inactive for an extended period of time. You further acknowledge that
WordAnywhere reserves the right to change these general practices and limits at
any time, in its sole discretion, with or without notice.
12. MODIFICATIONS TO SERVICE
WordAnywhere reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the Service (or any part thereof)
with or without notice. You agree that WordAnywhere shall not be liable to you or
to any third party for any modification, suspension or discontinuance of
the Service.
13. TERMINATION
You agree that WordAnywhere, in its sole discretion, may terminate your password,
account (or any part thereof) or use of the Service, and remove and
discard any Content within the Service, for any reason, including, without
limitation, for lack of use or if WordAnywhere believes that you have violated or
acted inconsistently with the letter or spirit of the TOS. WordAnywhere may also
in its sole discretion and at any time discontinue providing the Service,
or any part thereof, with or without notice. You agree that any
termination of your access to the Service under any provision of this TOS
may be effected without prior notice, and acknowledge and agree that WordAnywhere
may immediately deactivate or delete your account and all related
information and files in your account and/or bar any further access to
such files or the Service. Further, you agree that WordAnywhere shall not be
liable to you or any third-party for any termination of your access to the
Service.
14. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in
promotions of, advertisers found on or through the Service, including
payment and delivery of related goods or services, and any other terms,
conditions, warranties or representations associated with such dealings,
are solely between you and such advertiser. You agree that WordAnywhere shall not
be responsible or liable for any loss or damage of any sort incurred as
the result of any such dealings or as the result of the presence of such
advertisers on the Service.
15. LINKS
The Service may provide, or third parties may provide, links to other
World Wide Web sites or resources. Because WordAnywhere has no control over such
sites and resources, you acknowledge and agree that WordAnywhere is not
responsible for the availability of such external sites or resources, and
does not endorse and is not responsible or liable for any Content,
advertising, products, or other materials on or available from such sites
or resources. You further acknowledge and agree that WordAnywhere shall not be
responsible or liable, directly or indirectly, for any damage or loss
caused or alleged to be caused by or in connection with use of or reliance
on any such Content, goods or services available on or through any such
site or resource.
16. WORDANYWHERE'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used
in connection with the Service ("Software") contain proprietary and
confidential information that is protected by applicable intellectual
property and other laws. You further acknowledge and agree that Content
contained in sponsor advertisements or information presented to you
through the Service or advertisers is protected by copyrights, trademarks,
service marks, patents or other proprietary rights and laws. Except as
expressly authorized by WordAnywhere or advertisers, you agree not to modify,
rent, lease, loan, sell, distribute or create derivative works based on
the Service or the Software, in whole or in part.
WordAnywhere grants
you a personal, non-transferable and non-exclusive right and license to
use the object code of its Software on a single computer; provided that
you do not (and do not allow any third party to) copy, modify, create a
derivative work of, reverse engineer, reverse assemble or otherwise
attempt to discover any source code, sell, assign, sublicense, grant a
security interest in or otherwise transfer any right in the Software. You
agree not to modify the Software in any manner or form, or to use modified
versions of the Software, including (without limitation) for the purpose
of obtaining unauthorized access to the Service. You agree not to access
the Service by any means other than through the interface that is provided
by WordAnywhere for use in accessing the Service.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
| a. | YOUR USE OF THE SERVICE IS AT YOUR SOLE
RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
WORDANYWHERE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. |
| b. | WORDANYWHERE MAKES NO WARRANTY THAT (i) THE
SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY
BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv)
THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL
PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR
EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE
CORRECTED. |
| c. | ANY MATERIAL DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND
RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH
MATERIAL. |
| d. | NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM WORDANYWHERE OR THROUGH OR FROM THE SERVICE SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. |
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WORDANYWHERE SHALL NOT BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE,
DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WORDANYWHERE HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY
TO USE THE SERVICE; (ii) 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; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON
THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
19. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18
MAY NOT APPLY TO YOU.
20. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or join any service, receive or request any news,
messages, alerts or other information from the Service concerning
companies, stock quotes, investments or securities, please read the above
Sections 17 and 18 again. They go doubly for you. In addition, for this
type of information particularly, the phrase "Let the investor beware" is
apt. The Service is provided for informational purposes only, and no
Content included in the Service is intended for trading or investing
purposes. WordAnywhere shall not be responsible or liable for the accuracy,
usefulness or availability of any information transmitted via the Service,
and shall not be responsible or liable for any trading or investment
decisions made based on such information.
21. NOTICE
Notices to you may be made via either email or regular mail. The Service
may also provide notices of changes to the TOS or other matters by
displaying notices or links to notices to you generally on the Service.
22. TRADEMARK INFORMATION
WordAnywhere and other WordAnywhere logos and product and service names
are trademarks of WordAnywhere (the "WordAnywhere Marks"). Without
WordAnywhere's prior permission, you agree not to display or use in any manner,
the WordAnywhere Marks.
23. COPYRIGHTS and COPYRIGHT AGENTS
WordAnywhere respects the intellectual property of others, and we ask our users
to do the same. If you believe that your work has been copied in a way
that constitutes copyright infringement, please provide WordAnywhere's Copyright
Agent the following information:
- an electronic or physical signature of the person authorized to act on
behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been
infringed;
- a description of where the material that you claim is infringing is
located on the site;
- your address, telephone number, and email address;
- 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;
- 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.
24. GENERAL INFORMATION
The TOS constitute the entire agreement between you and WordAnywhere and govern
your use of the Service, superceding any prior agreements between you and
WordAnywhere. You also may be subject to additional terms and conditions that may
apply when you use affiliate services, third-party content or third-party
software. The TOS and the relationship between you and WordAnywhere shall be
governed by the laws of the State of California without regard to its
conflict of law provisions. You and WordAnywhere agree to submit to the personal
and exclusive jurisdiction of the courts located within the county of
Santa Clara, California. The failure of WordAnywhere to exercise or enforce any
right or provision of the TOS shall not constitute a waiver of such right
or provision. If any provision of the TOS is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the court
should endeavor to give effect to the parties' intentions as reflected in
the provision, and the other provisions of the TOS remain in full force
and effect. 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 the TOS must be filed within one (1) year after such claim
or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal
or contractual effect.
25. VIOLATIONS
Please report any violations of the TOS to our webmaster
|
