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1WordPlace.com
Website Terms of Use
Acceptance
of Terms
1WordPlace.com provides its services to you, subject to the following Terms of
Use ("TOU"), which may be updated by us from time to time without notice to you.
In addition, when using 1WordPlace.com services, you 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 TOU. 1WordPlace.com may also offer other services from time to time that are
governed by different Terms of Uses.
Description of
Service
1WordPlace.com currently provides users with access to a collection of resources
including various tools and specialized content which are its properties (the
"Service"). You understand that 1WordPlace.com is not part of Microsoft® or
its subsidiaries. You understand that 1WordPlace.com does not nor does it purport
to own or control in any way, any of the holdings, property or intellectual property
of the Microsoft® corporation including but not limited to the Microsoft®Word
computer application. You also understand and agree that the Service may include
advertisements and products for sale and that these advertisements and sales are
necessary for 1WordPlace.com to provide the Service. Unless explicitly stated
otherwise, any new features that augment or enhance the current Service, including
the release of new 1WordPlace.com properties, shall be subject to the TOU. You
understand and agree that the Service is provided "AS-IS" and that 1WordPlace.com
assumes no responsibility for the timeliness, deletion, or failure of any user's
computer, property or purchased or free products.
You understand that you are responsible for obtaining access
to the Service and that access may involve third party fees (such as Internet
service provider or airtime charges). You understand that you are responsible
for those fees, including those fees associated with the display or delivery of
advertisements. In addition, you must provide and are responsible for all equipment
necessary to access the Service.
Your Registration
Obligations
In consideration of your use of any part 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 1WordPlace.com has reasonable grounds to suspect
that such information is untrue, inaccurate, not current or incomplete, 1WordPlace.com
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).
1WordPlace.com
Privacy Policy
Registration Data and certain other information about you is subject to our Privacy
Policy. For more information, see our full privacy policy here.
Member Account,
Password and Security
You will receive a password and account designation upon completing the Service's
registration process when available. 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 1WordPlace.com
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. 1WordPlace.com
cannot and will not be liable for any loss or damage arising from your failure
to comply with this Terms of Use policy.
Member Conduct
You understand that you, and not 1WordPlace.com, are entirely responsible for
all Content that you post, transmit or otherwise make available in cooperation
with or via the Service. 1WordPlace.com does not control the Content posted via
the Service by members and, as such, does not guarantee the accuracy, integrity
or quality of such Content. Under no circumstances will 1WordPlace.com 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, e-mailed, transmitted or otherwise made available
via the Service.
You agree to not use the Service to:
| a. |
make available any Content that is unlawful, harmful,
threatening, abusive, harassing, tortuous, 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 1WordPlace.com 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, e-mail, transmit or otherwise make available
any Content that you do not have a right to make available 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, e-mail, transmit or otherwise make available
any Content that infringes any patent, trademark, trade secret, copyright or other
proprietary rights ("Rights") of any party; |
| g. |
upload, post, e-mail, transmit or otherwise make available
any unsolicited or unauthorized advertising, promotional materials, "junk mail,"
"spam," "chain letters," "pyramid schemes," or any other form of solicitation,
except in those areas that are designated for such purpose; |
| h. |
upload, post, e-mail, transmit or otherwise make available
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. |
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; |
| j. |
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; |
| k. |
"stalk" or otherwise harass another; or |
| l. |
collect or store personal data about other users. |
You acknowledge that 1WordPlace.com 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, 1WordPlace.com and
its designees shall have the right to remove any Content that violates the TOU
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 1WordPlace.com or submitted to 1WordPlace.com.
You acknowledge and agree that 1WordPlace.com 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 TOU; (c) respond to claims that
any Content violates the rights of third-parties; or (d) protect the rights, property,
or personal safety of 1WordPlace.com, 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.
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.
Confidential Information
With the exception of credit card information during secure transactions, 1WordPlace.com
does not want to receive confidential or proprietary information from you through
our web site. Any non-personal information or material sent to 1WordPlace.com
will be deemed NOT to be confidential. By sending 1WordPlace.com any non-personal
information or material, you grant 1WordPlace.com an unrestricted, irrevocable
license to use, reproduce, display, perform, modify, transmit and distribute those
materials or information, and you also agree that 1WordPlace.com is free to use
any ideas, concepts, know-how or techniques that you send us for any purpose.
However, we will not release your name or otherwise publicize the fact that you
submitted materials or other information to us unless: (a) you grant us permission
to do so; (b) we first notify you that the materials or other information you
submit to a particular part of a site will be published or otherwise used with
your name on it; or (c) we are required to do so by law.
Indemnity
You agree to indemnify and hold 1WordPlace.com, 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 any Content you submit, post, transmit or obtain through
the Service, your use of the Service, your connection to the Service, your violation
of the TOU, or your violation of any rights of another.
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
except where otherwise stated.
General
Practices Regarding Use and Storage
You acknowledge that 1WordPlace.com may establish general practices and limits
concerning use of the Service, including without limitation the maximum disk space
that will be allotted on 1WordPlace.com'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 1WordPlace.com 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
1WordPlace.com reserves the right to log off accounts that are inactive for an
extended period of time or become delinquent. You further acknowledge that 1WordPlace.com
reserves the right to change these general practices and limits at any time, in
its sole discretion, with or without notice.
Modifications
to Service
1WordPlace.com 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 1WordPlace.com shall not be liable to you
or to any third party for any modification, suspension or discontinuance of the
Service.
Termination
You agree that 1WordPlace.com, 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 1WordPlace.com believes that you have violated or acted inconsistently
with the letter or spirit of the TOU. 1WordPlace.com 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 TOU may be effected without prior notice, and acknowledge
and agree that 1WordPlace.com 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 1WordPlace.com shall not
be liable to you or any third-party for any termination of your access to the
Service.
Dealings
with Advertisers, Sponsors and Partners
Your correspondence or business dealings with, or participation in promotions
of, advertisers, sponsors or partners 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 third parties. You agree that 1WordPlace.com 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.
Links
The Service may provide, or third parties may provide, links to other Internet
sites or resources. Because 1WordPlace.com has no control over such sites and
resources, you acknowledge and agree that 1WordPlace.com 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 1WordPlace.com 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.
1WordPlace.com's
Proprietary Rights
You acknowledge and agree that the Service and any software (including templates)
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 1WordPlace.com 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, outside of the
guidelines of 1WordPlace.com.
1WordPlace.com grants you a personal license to use the content
on a single computer; provided that you do not (and do not allow any third party
to) copy, modify, create a derivative work of, or otherwise attempt to sell, assign,
sublicense, grant a security interest in or otherwise transfer any right in the
content.
You agree not to obtain unauthorized access to the Service.
You agree not to access the Service by any means other than through the interface
that is provided by 1WordPlace.com for use in accessing the Service.
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. 1WordPlace.com 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. |
1WordPlace.com MAKES NO WARRANTY THAT (i) THE SERVICE WILL
MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE ERROR-FREE, UNINTERRUPTED, TIMELY,
or SECURE, (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 CONTENT 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 1WordPlace.com OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY
NOT EXPRESSLY STATED IN THE TOU. |
Limitation
of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT 1WordPlace.com 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 1WordPlace.com 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; (v) TEMPLATES; or ANY
OTHER MATTER RELATING TO THE SERVICE.
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.
Notice
Notices to you may be made via either e-mail or regular mail. The Service may
also provide notices of changes to the TOU or other matters by displaying notices
or links to notices to you generally on the Service but is not obligated to do
so.
Trademark
Information
1WordPlace.com and other 1WordPlace.com logos and product and service names are
trademarks of 1WordPlace.com. (the "1WordPlace.com Marks"). Without 1WordPlace.com's
prior permission, you agree not to display or use in any manner, the 1WordPlace.com
Marks.
Copyrights
and Copyright Agents
1WordPlace.com 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, or your intellectual
property rights have been otherwise violated, please provide 1WordPlace.com'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 or other intellectual property
interest;
- a description of the copyrighted work or other intellectual
property 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 e-mail 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 or
intellectual property owner or authorized to act on the copyright or intellectual
property owner's behalf.
1WordPlace.com's Agent for Notice of claims of copyright or other
intellectual property infringement can be reached as follows:
By mail:
My Design Studio
25852 McBean Parkway, #430
Valencia, CA 91355
General
Information
The TOU constitute the entire agreement between you and 1WordPlace.com and govern
your use of the Service, superseding any prior agreements between you and 1WordPlace.com.
You also may be subject to additional terms and conditions that may apply when
you use third-party content or third-party software. The TOU and the relationship
between you and 1WordPlace.com shall be governed by the laws of the State of California
without regard to its conflict of law provisions. You and 1WordPlace.com agree
to submit to the personal and exclusive jurisdiction of the courts located within
the county of Los Angeles, California. The failure of 1WordPlace.com to exercise
or enforce any right or provision of the TOU shall not constitute a waiver of
such right or provision. If any provision of the TOU 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 TOU 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 TOU must be filed within
one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOU are for convenience only and
have no legal or contractual effect.
Violations
Please report any violations of the TOU to our Customer Care group. |
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