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Outword | Terms of Use

Last updated October 8th, 2024

Welcome to Outword, a website-based word game. Your use of our services is subject to the following Terms of Service. Please read them carefully before using our site.

AGREEMENT TO TERMS

These Terms of Use (“Terms”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and Outword ("we," "us," or "our"), regarding your access to and use of the Outword website (the “Site”). By accessing or using the Site, you acknowledge that you have read, understood, and agree to be bound by all of these Terms. If you do not agree with all of these Terms, you are prohibited from using the Site and must discontinue your access immediately. We reserve the right, at our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will alert you to any changes by updating the "Last updated" date at the top of these Terms, and you waive any right to receive specific notice of such changes. It is your responsibility to review these Terms periodically to stay informed of updates. Your continued use of the Site following the posting of revised Terms means that you accept and agree to any changes made. By using the Site, you represent and warrant that you have the legal capacity to enter into this agreement and comply with these Terms.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise specified, the Site and all of its content, including but not limited to source code, databases, website designs, text, audio, video, photographs, graphics, and other materials (collectively, the “Content”), as well as the trademarks, service marks, logos, and trade names displayed on the Site (the “Marks”), are the exclusive property of Outword or are used under license. These assets are protected by copyright, trademark, and other intellectual property laws, including those of the United States, foreign jurisdictions, and international treaties. The Content and Marks on the Site are provided for your personal, non-commercial use only. You may not copy, reproduce, distribute, transmit, publicly display, publicly perform, translate, modify, reverse engineer, decompile, disassemble, create derivative works, or otherwise exploit any portion of the Content or Marks without our express prior written permission or, where applicable, the permission of the rights holder. You are granted a limited, revocable license to access and use the Site and its Content solely for personal, non-commercial purposes. This license does not permit any resale of the Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site or its contents; any downloading or copying of account information for the benefit of another; or any use of data mining, robots, or similar data gathering and extraction tools. Any use of the Site or Content beyond this limited permission without our prior written authorization is strictly prohibited and will constitute a violation of our intellectual property rights, for which we may pursue legal remedies.

PROHIBITED ACTIVITIES

You may only access or use the Site for the purposes explicitly provided by us. Any use of the Site for commercial activities, except those expressly approved or endorsed by us, is strictly prohibited. As a user of the Site, you agree not to engage in any of the following prohibited activities:

1. Data Mining or Scraping: Systematically retrieve, collect, or extract data, content, or other information from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without our explicit written consent.

2. Unauthorized Use: Make any unauthorized use of the Site, including but not limited to collecting usernames, email addresses, or other personal data by any means (electronic or otherwise) for the purpose of sending unsolicited communications or creating user accounts through automated means or under false pretenses.

3. Purchasing Agents: Use any third-party service or agent to make purchases on the Site, unless explicitly permitted.

4. Commercial Exploitation: Use the Site to advertise or offer to sell goods or services for any unauthorized commercial purpose.

5. Security Violations: Circumvent, disable, or interfere with security-related features of the Site, including features that prevent or restrict the copying or redistribution of Content or that impose limitations on the use of the Site and its Content.

6. Unauthorized Linking/Framing: Engage in unauthorized linking to or framing of the Site or its content.

7. Deceptive Behavior: Trick, defraud, or mislead us or other users, including attempts to obtain sensitive information such as user passwords or other account details through deceptive means.

8. Improper Use of Support: Abuse or misuse our support services by submitting false reports of abuse or misconduct or other improper requests.

9. Automated Systems: Engage in the use of any automated systems, including but not limited to scripts, bots, robots, or other automated methods for sending messages, posting comments, or gathering data.

10. Disruption: Interfere with, disrupt, or impose an undue burden on the Site’s infrastructure, including the servers or networks connected to the Site.

11. Impersonation: Attempt to impersonate another person or user, or use another user’s account without permission.

12. Account Transfers: Sell, transfer, or otherwise exchange your account or user profile to another person or entity.

13. Harassment and Abuse: Use any information obtained from the Site to harass, abuse, or harm another person or entity.

14. Competing Ventures: Use the Site or its Content as part of any effort to compete with us or in connection with any revenue-generating enterprise or commercial activity not authorized by us.

15. Reverse Engineering: Decipher, decompile, disassemble, or reverse engineer any software or code that is part of the Site.

16. Bypassing Restrictions: Attempt to bypass or circumvent any measures we have put in place to restrict or control access to the Site or its content.

17. Harassment of Staff: Harass, intimidate, annoy, or threaten any of our employees, agents, or representatives providing services or support in connection with the Site.

18. Copyright Removal: Remove, alter, or obscure any copyright, trademark, or other proprietary rights notices on the Site or its Content.

19. Copying Code: Copy, modify, or adapt the Site’s software, including but not limited to HTML, JavaScript, or other code.

20. Malicious Code: Upload or transmit (or attempt to upload or transmit) any viruses, Trojan horses, malware, or any other disruptive materials, including excessive use of capital letters, spamming, or flooding the Site with repetitive content, that disrupt or impair the normal functionality of the Site.

21. Passive Data Collection: Upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active information collection mechanism, such as clear graphics interchange formats (“gifs”), 1x1 pixels, web bugs, cookies, or other similar devices (often referred to as “spyware” or “passive collection mechanisms”).

22. Unauthorized Automated Systems: Use, develop, or distribute any automated systems, including but not limited to spiders, bots, scrapers, cheat utilities, or offline readers, unless specifically permitted by us.

Violation of any of the above activities may result in the suspension or termination of your access to the Site and legal action, depending on the severity of the violation.

USER SUBMISSIONS

By providing any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (collectively referred to as “Submissions”), you acknowledge and agree that these Submissions are non-confidential and automatically become our sole property. You further agree that we shall own all rights, including intellectual property rights, to these Submissions and may use, distribute, or otherwise exploit them for any lawful purpose, whether commercial or otherwise, without acknowledgment, compensation, or any other obligation to you.

By submitting any material, you waive any and all moral rights you may have in the Submissions, including rights of attribution and integrity, and you represent and warrant that:

1. Originality: The Submissions are your original work, or you have obtained all necessary rights and permissions to make the Submissions.

2. No Rights Violations: The Submissions do not infringe upon or misappropriate the proprietary rights, including but not limited to intellectual property rights, of any third party.

You further agree that there will be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions, and we have no obligation to return or delete any Submission provided by you.

By making Submissions, you agree that we are free to use these ideas for any purpose, including developing and marketing products, without any further obligation to you.

THIRD-PARTY CONTENT AND LINKS

The Site may contain links to other websites ("Third-Party Websites") as well as articles, text, graphics, images, music, videos, software, and other content or materials originating from third parties ("Third-Party Content"). These Third-Party Websites and Third-Party Content are not owned, controlled, or monitored by us, and we are not responsible for investigating or ensuring the accuracy, appropriateness, or completeness of any Third-Party Websites or Third-Party Content accessed via the Site. We do not assume responsibility for any content, privacy practices, or other policies of Third-Party Websites or Third-Party Content. The inclusion of, or linking to, any Third-Party Website or Third-Party Content on the Site does not imply any approval, endorsement, or association with these third-party providers by Outword. If you choose to leave the Site and access Third-Party Websites or use/install any Third-Party Content, you do so at your own risk. Upon doing so, please be aware that these Terms no longer apply, and you are subject to the terms, conditions, and policies (including privacy practices) of the Third-Party Websites you visit or Third-Party Content you engage with. Any purchases or transactions you make through Third-Party Websites are conducted entirely between you and the respective third party, and we do not accept any liability for these transactions. We are not responsible for any issues arising from your interactions with Third-Party Websites, including the availability of products, services, or any legal disputes that may arise. You agree that Outword is not liable for any loss, damage, or harm that may result from your use of, or reliance on, Third-Party Content or interactions with Third-Party Websites, and you agree to hold us harmless from any issues or claims arising from these interactions.

ADVERTISERS

We may allow advertisers to display advertisements, promotions, or other related content in designated areas of the Outword website (the "Site"), such as banner ads or sidebar advertisements. If you are an advertiser, you are solely responsible for any advertisements you place on the Site, as well as any services, products, or claims associated with those advertisements.

As an advertiser, you represent and warrant that:

1. Rights and Authority: You possess all necessary rights and authority to place advertisements on the Site, including but not limited to intellectual property rights, publicity rights, and contractual rights required for the content and the offers promoted.

2. Compliance with Laws: Your advertisements comply with all applicable laws, regulations, and industry standards.

Advertisements are also subject to our Digital Millennium Copyright Act ("DMCA") Notice and Policy provisions, as outlined below. You understand and agree that any advertisements may be removed if found to violate our DMCA policy, and there will be no refunds or compensation provided in such cases.

We merely provide the space for the placement of advertisements and have no further relationship with advertisers. We do not endorse, guarantee, or assume responsibility for any product, service, or content promoted by advertisers. You acknowledge that any interactions, transactions, or disputes between you and users or other third parties arising from your advertisements are your sole responsibility, and you agree to indemnify and hold us harmless for any claims arising from your advertisements.

SITE MANAGEMENT

We reserve the right, but not the obligation, to take the following actions to ensure the integrity, security, and proper functioning of the Site:

1. Monitoring: We may monitor the Site for violations of these Terms of Use, inappropriate behavior, or illegal activity. This includes but is not limited to user-generated content, interactions, or activity on the Site.

2. Legal Action: We may take appropriate legal action, at our sole discretion, against any user or entity who violates these Terms of Use or applicable laws. This may include, without limitation, reporting such users to law enforcement or regulatory authorities, as necessary.

3. Content Control: In our sole discretion, we may refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your contributions or any portion of them. We are under no obligation to inform you of this action, and it may be taken without prior notice or liability to you.

4. System Load Management: We may, without notice or liability, remove or disable content, files, or user contributions that are excessive in size or that place an undue burden on our system’s resources, affect system performance, or interfere with the operation of the Site.

5. Site Maintenance and Management: We reserve the right to manage and maintain the Site in a way that we believe is necessary to protect our rights, property, and to ensure that the Site functions properly for all users. This may include, but is not limited to, routine system maintenance, updates, and removal of content that violates these Terms or is otherwise harmful to the user experience.

We are not liable for any actions taken under these provisions, and you agree that we may, in our discretion, implement any of these actions without prior notice to you.

PRIVACY POLICY

We value your privacy and are committed to protecting your personal data and information. Please review our Privacy Policy carefully, as it governs how we collect, use, and protect your data when you access or use the Site. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please note that the Site is hosted in the United States. If you are accessing the Site from outside the United States—such as from the European Union, Asia, or other regions with laws governing data collection, use, or disclosure that differ from U.S. law—then by continuing to use the Site, you consent to have your personal data transferred to, processed, and stored in the United States. By using the Site, you acknowledge that your data will be handled in accordance with U.S. privacy laws, which may differ from those in your region. For more detailed information on what data we collect, how we use it, and how we protect your information, please refer to our full Privacy Policy. It is your responsibility to review these policies regularly, and your continued use of the Site indicates your acceptance of any changes or updates to the Privacy Policy.

DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY

We respect the intellectual property rights of others and are committed to complying with the Digital Millennium Copyright Act (DMCA). If you believe that any content available on or through the Site infringes upon your copyright, you may submit a notification of alleged copyright infringement (a "Notification") to us, in accordance with the DMCA. Before submitting a Notification, please be aware that under federal law, you may be held liable for damages, including costs and attorneys' fees, if you knowingly make a false claim that material on the Site is infringing. If you are uncertain whether the material in question is infringing, you may wish to seek legal advice. DMCA Notification Requirements: All Notifications must comply with the requirements of 17 U.S.C. § 512(c)(3) and must include the following information Signature: A physical or electronic signature of a person authorized to act on behalf of the copyright owner whose right is allegedly infringed. Identification of the Infringed Work: Clear identification of the copyrighted work claimed to have been infringed. If the Notification involves multiple copyrighted works on the Site, you may provide a representative list of such works. Identification of Infringing Material: A detailed description of the material you claim is infringing or is subject to infringing activity, along with information sufficient to locate the material on the Site (such as a URL). Contact Information: Information reasonably sufficient to allow us to contact the complaining party, such as a valid address, telephone number, and, if available, an email address. Good Faith Statement: A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. Accuracy and Authorization Statement: A statement that the information in the Notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the copyright that is allegedly infringed. Upon receipt of a valid Notification, we will take appropriate action, which may include removing or disabling access to the allegedly infringing material. A copy of the Notification may also be provided to the user who posted the content, along with instructions for submitting a counter-notification if they believe the material was removed in error. Counter-Notification: If you believe that your content was removed or disabled in error as a result of a DMCA notification, you may submit a counter-notification in accordance with 17 U.S.C. § 512(g)(3). Please provide: Your physical or electronic signature. Identification of the material that has been removed or disabled and the location where the material appeared before it was removed or disabled. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification. Your name, address, telephone number, and email address, along with a statement that you consent to the jurisdiction of the federal district court in the judicial district where you are located (or in the Northern District of California if you are outside of the United States) and that you will accept service of process from the person who submitted the original DMCA notification or an agent of that person. We will review and, if appropriate, reinstate the content in accordance with DMCA procedures.

TERM AND TERMINATION

These Terms of Use will remain in full force and effect as long as you use the Site. Without limiting any other provision of these Terms, we reserve the right, in our sole discretion and without notice or liability, to deny access to and use of the Site (including blocking certain IP addresses) to any person for any reason or for no reason, including but not limited to violations of any representation, warranty, covenant, or agreement outlined in these Terms of Use or of any applicable law or regulation. We may, at any time and in our sole discretion, terminate your use of the Site or suspend your account, including deleting any content or information you have posted, without prior notice. This termination or suspension can occur for reasons including, but not limited to, a violation of these Terms or any other applicable legal requirements. If your account is terminated or suspended, you are prohibited from creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of that third party. Any attempt to circumvent such a termination or suspension by creating a new account will be considered a violation of these Terms. In addition to terminating or suspending your account, we reserve the right to take any necessary legal actions, including pursuing civil, criminal, or injunctive remedies, as we deem appropriate.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site at any time and for any reason, at our sole discretion, without prior notice. We are not obligated to update any information on the Site, nor do we guarantee that the Site will remain accurate or current. Additionally, we reserve the right to modify, suspend, or discontinue all or any part of the Site without notice at any time. You agree that we will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site or its services. We cannot guarantee that the Site will be available at all times. We may experience technical difficulties, hardware or software malfunctions, or require scheduled maintenance, which could result in interruptions, delays, or errors in the Site’s availability or functionality. We reserve the right to modify, revise, update, suspend, or discontinue the Site for any reason, at any time, without notice to you. You acknowledge and agree that we are not liable for any loss, damage, or inconvenience caused by your inability to access or use the Site during any period of downtime or discontinuance. Nothing in these Terms of Use obligates us to maintain or support the Site, or to provide any corrections, updates, or releases in connection with it.

CORRECTIONS

From time to time, there may be information on the Site that contains typographical errors, inaccuracies, or omissions. This may include, but is not limited to, information related to descriptions, pricing, availability, and other details pertaining to the Site or its content. We reserve the right to correct any errors, inaccuracies, or omissions at our sole discretion. We also reserve the right to change or update information on the Site at any time, without prior notice. This includes making changes to improve accuracy or clarify details. We are under no obligation to notify users of these corrections, and any reliance on outdated or incorrect information is at your own risk.

DISCLAIMER

The Outword website Site is provided on an "as-is" and "as-available" basis. By using the Site, you agree that your use of its services is at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Site and your use of it, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no representations or warranties about the accuracy, completeness, or reliability of the Site's content or any websites linked to the Site. You acknowledge that we will not be liable for any: Errors or inaccuracies in content or materials; Personal injury or property damage of any kind resulting from your access to and use of the Site; Unauthorized access to or use of our secure servers or any stored personal or financial information; Interruption or cessation of transmission to or from the Site; Bugs, viruses, Trojan horses, or other harmful code that may be transmitted to or through the Site by any third party; or Errors or omissions in any content, or for any loss or damage incurred as a result of using any content made available via the Site. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Site, any hyperlinked website, or any other advertising featured on the Site. We will not be a party to or responsible for monitoring any transaction between you and third-party providers of products or services. As with any purchase in any medium or environment, you should use your best judgment and exercise caution when engaging with third parties. This disclaimer limits our liability to the fullest extent permitted by law.

USER DATA

We collect and maintain certain data that you transmit to the Site for the purpose of managing and improving the Site, as well as to facilitate your use of it. This may include data related to your account, gameplay, and interactions on the Site. While we make routine efforts to back up data, you acknowledge that you are solely responsible for any data you transmit or that relates to your activities on the Site. We cannot and do not guarantee that your data will be protected from loss, damage, or corruption. In the event of any data loss or corruption, you agree that we shall have no liability to you for any damages, and you hereby waive any legal claim or action against us related to the loss or corruption of such data. It is your responsibility to ensure that any important data you transmit or store on the Site is backed up independently.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

By visiting the Site, sending us emails, or completing online forms, you are engaging in electronic communications. You consent to receive communications from us electronically, and you agree that all agreements, notices, disclosures, and other communications we provide to you via email or through the Site satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures and records in place of physical documents, as well as electronic contracts, orders, and other records related to transactions initiated or completed by us or through the Site. This agreement to conduct transactions electronically applies to all interactions with us via the Site, unless otherwise required by law. By agreeing to these terms, you waive any rights or requirements under any applicable laws, regulations, or rules in any jurisdiction that require an original (non-electronic) signature, the delivery of physical records, or the use of non-electronic forms of payment or credits.

CALIFORNIA USERS AND RESIDENTS

If you are a California resident and have any unresolved complaints or concerns regarding the Site, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs. They can be reached in writing at: 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 Or by telephone at: (800) 952-5210 or (916) 445-1254

MISCELLANEOUS

These Terms of Use, along with any policies or operating rules posted by us on the Site, constitute the entire agreement and understanding between you and us regarding your use of the Site. Any failure by us to exercise or enforce any right or provision within these Terms of Use does not constitute a waiver of such right or provision. These Terms of Use will apply to the fullest extent permitted by law. We reserve the right to assign any or all of our rights and obligations under these Terms to others at any time without notice. We are not liable for any loss, damage, delay, or failure to act caused by circumstances beyond our reasonable control, including but not limited to natural disasters, acts of war, or technical failures. If any part of these Terms of Use is deemed unlawful, void, or unenforceable, that part will be severed from these Terms and will not affect the validity or enforceability of the remaining provisions. No joint venture, partnership, employment, or agency relationship is created between you and us as a result of these Terms of Use or your use of the Site. You agree that these Terms of Use will not be construed against us because we drafted them. Furthermore, you waive any defense you may have based on the electronic form of these Terms of Use and the lack of physical signing by the parties to execute these Terms.