Terms of Service
1. The SuperWords Service
2. Eligibility/Authority to Contract
In order to post Content to the SuperWords site, you must eligible to contract. By using this Service you represent and warrant that you meet this criteria. If you are creating an account for a corporate entity, you represent and warrant that you are legally authorized to represent that entity and bind it to these Terms. If you are not so authorized, you agree to be held personally responsible for all obligations inherent in these Terms, including all account payment obligations.
In order to post Content to this site, you will have to create an account. You represent and warrant that all information you submit when you create your account is true, complete and current to the best of your knowledge. You agree to update your account information as needed to keep it true, complete and current at all times. If at any time your account information is deemed to be inaccurate, out of date or incomplete, SuperWords reserves the right to suspend or terminate your account without further notice to you. You agree to notify SuperWords immediately of any unauthorized use of your account or breach of security.
4. Restrictions on Activities
You agree not to make use of the Service for any activity: (a) that is unlawful (whether criminal or tortious) under the laws of any jurisdiction to which you or SuperWords are subject; (b) that constitutes competition with the Service or misappropriates the Service, including, but not limited to deep linking and framing; (c) that involves gaining unauthorized access to other computers, networks or the account of another user; or (d) that interferes with the operation of the Service or places an undue burden on it.
5. Restrictions on Content
You agree not to make use of the Service to post or transmit any Content that: (a) is unlawful under the laws, statutes, ordinances, or regulations ("Laws") of any jurisdiction to which you or SuperWords are subject; (B) promotes activity that is unlawful under the Laws of any jurisdiction to which you or SuperWords are subject; (c) is harmful, threatening, advocating violence, harassing, defamatory, invasive of the privacy of another, or obscene, all as determined by SuperWords in its sole discretion; (d) includes insider information or any other proprietary or confidential information; (e) is an infringement of any patent, trademark, copyright, trade secret or other intellectual property right; (f) is falsified, deceptive, or misleading, including without limitation any attempt to disguise the origin of the Content; (g) holds SuperWords or any of its affiliates, employees, or members up to public scorn or ridicule; or (h) contains or transmits any viruses or other computer programs or mechanisms of any kind that damage, interfere with, surreptitiously intercept or expropriate any system, data or personal information. You agree that SuperWords reserves the right to determine, in it's sole discretion, whether any Content violates these Terms and to remove or block access to any such Content without prior notice to you.
6. License to Content
You retain all ownership rights in any Content posted or transmitted by you through the Service to which you are entitled by law, and SuperWords does not claim any ownership rights in any Content posted or transmitted by you through the Service. However, when you post Content to the Service, you grant SuperWords a nonexclusive, worldwide, perpetual, fully paid, royalty-free license to use, distribute, reproduce, modify, adapt and publicly display or perform such Content in the manner contemplated by the functionality of the site and these Terms. This includes, without limitation, the promotion and redistribution of all or part of the Content in any media formats and through any media channels of any kind, without restriction and without payment or consideration of any kind, or permission or further notification to you or any third party. This license terminates within a commercially reasonable time after you remove or delete the Content from the site.
7. Monitoring of Content
SuperWords undertakes no duty to monitor user Content. However, SuperWords reserves the right to perform such monitoring and the right (but not the obligation) to reject or remove any Content that it determines, in its sole discretion, is in violation of these Terms.
8. SuperWords Site Intellectual Property
Other than Content posted by users, all content of the SuperWords Service is the property of SuperWords, or licensed to SuperWords and is protected by International copyright and other intellectual property laws. The compilation of such content is the exclusive property of SuperWords and is likewise protected by International copyright laws.
9. Termination of Service
You agree that SuperWords, in it 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 our belief that you have violated or acted inconsistently with the letter or spirit of these Terms. You agree that any termination of your access to the Service under any provision of these Terms may occur without prior notice to you, and you also agree that SuperWords will not be liable to you for any termination of your access to the Service.
You agree to defend, indemnify and hold harmless SuperWords and its members, managers, employees and agents from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind imposed upon or incurred by SuperWords directly or indirectly arising from: (a) your use and access of the site or Services; (b) your violation of any provision of these Terms; and/or (c) your violation of any third-party right, including, without limitation, any intellectual property or other proprietary right. The indemnification obligations under this section survive any termination or expiration of these Terms or your use of SuperWords Services.
11. Copyright Notice and Takedown Policy
SuperWords values its intellectual property rights and respects the intellectual property rights of others. We will not tolerate intellectual property rights violations and repeat offenders will have their accounts terminated. If you are a copyright owner and you believe your work has been copied and used improperly on SuperWords's Service, please contact our copyright compliance officer. Your takedown notice should include all of the following information: (a) physical or electronic signature of a person authorized to act on behalf of the copyright owner; (b) description of the work you claim has been infringed and the location of the alleged infringement on the SuperWords Service; (c) your contact information including address, telephone number and email address; (d) a written statement that you have a good faith belief the accused usage is infringing; and (e) a statement by you "under penalty of perjury" that the information in the notice is accurate and that you are duly authorized to act on behalf of the copyright owner. To request we remove Content from the site or to register complaints regarding Content, email: email@example.com.
12. Disclaimer of Warranties
SUPER WORDS MAKES NO WARRANTY, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR ANY IMPLIED WARRANTIES ARISING OUT OF THIS AGREEMENT. SUPER WORDS DOES NOT WARRANT THAT THE SITE AND SERVICES WILL BE PROVIDED ERROR-FREE, UNINTERRUPTED, SECURE OR VIRUS-FREE.
13. Limitation of Liability
SUPER WORDS SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THIS SITE AND THE SERVICES AT THIS SITE, INCLUDING, BUT NOT LIMITED TO, INTERRUPTED COMMUNICATIONS, LOST DATA, LOST PROFITS, LOSS OF PRIVACY OR DAMAGES TO A THIRD PARTY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THIS AGREEMENT. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER THE CLAIMS ARE BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY OR CONTRIBUTION, THE FAILURE OF ANY LIMITED OR EXCLUSIVE REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE OR OTHERWISE.
No waiver of any violation or nonperformance of these Terms in one instance will be deemed a waiver of any subsequent violation or nonperformance. All waivers must be in writing.
If any provision of these Terms is found to be unenforceable, that provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
16. Force Majeure
You acknowledge that delivery of the Service is dependent upon use of the internet through a third party internet service provider and that SuperWords has no control over the delivery of such service. Any delay, interruption, or loss of service or data will not be considered a breach of this Agreement if the delay is caused by the internet service provider, a labor dispute, shortage of materials, fire, earthquake, flood, or any other event beyond the control of SuperWords.
17. Rules of Construction
The descriptive headings in these Terms are inserted for convenience of reference only and are not intended to be part of or to affect the meaning or interpretation of the Terms. The parties to these Terms do not intend that any other person will obtain any rights as third-party beneficiaries of this agreement.
18. Injunctive and Other Equitable Relief
You agree that the remedy at law for breach or threatened breach of these Terms by you would, by its nature, be inadequate, and that in that event SuperWords will be entitled, in addition to damages, to a restraining order, temporary or permanent injunctive relief, specific performance and other appropriate equitable relief, without showing or providing that any monetary damage has been sustained.
19. Entire Agreement
This is the entire agreement between the parties with respect to the SuperWords Service. It supersedes all prior or contemporaneous agreements, understandings, or representations. Any amendment to this agreement must be in writing, must reference this agreement and must be signed by both parties.
20. SuperWords Unsolicited Idea Submission Policy
SuperWords or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product names. Please do not submit any unsolicited ideas, original creative artwork, suggestions or other works ("submissions") in any form to SuperWords or any of its employees. The sole purpose of this policy is to avoid potential misunderstandings or disputes when SuperWords's products or marketing strategies might seem similar to ideas submitted to SuperWords. If, despite our request that you not send us your ideas, you still submit them, then regardless of what your letter says, the following terms shall apply to your submissions.
21. Terms of Idea Submission
You agree that: (1) your submissions and their contents will automatically become the property of SuperWords, without any compensation to you; (2) SuperWords may use or redistribute the submissions and their contents for any purpose and in any way; (3) there is no obligation for SuperWords to review the submission; and (4) there is no obligation to keep any submissions confidential.
22. Product Feedback
SuperWords does, however, welcome your feedback regarding many areas of SuperWords's existing business. If you want to send us your feedback, and we hope you do, we simply request that you send it to us using the form found at http://www.superwords.com/about/feedback or you can choose from the many other listed areas for your feedback. Please provide only specific feedback on SuperWords's existing products or marketing strategies; do not include any ideas that SuperWords's policy will not permit it to accept or consider. It's just one more way that SuperWords can learn how to best satisfy your needs.
23. Feedback and Information
Any feedback you provide at this site shall be deemed to be non-confidential. SuperWords shall be free to use such information on an unrestricted basis.