|
Clueword.com Access Agreement
Please read this Agreement carefully before
accessing the Clueword.com. As a condition to and in consideration
of receiving and accessing the Clueword.com, the User agrees to be
bound by the terms of this Agreement. Use of or access to the Clueword.com
shall constitute acceptance of and agreement to be
bound by this Agreement. IF YOU DO NOT WISH TO BE BOUND BY THIS
AGREEMENT, DO NOT ACCESS THE Clueword.com. If you have any questions
about this Agreement, please contact us via e-mail at service@clueword.com.
Clueword.com Access AgreementTHIS AGREEMENT
"Agreement" is entered into by and between Clueword and any
individual, corporation, association, agency, company, or other
entity who accesses or uses the Clueword.com (the "User" or "you").
The Clueword.com, which is provided without charge to you, is a
World Wide Web site on the Internet that is designed to allow users
to receive and/or to view multilingual word puzzles. The Clueword.com
is owned
and operated by Clueword.com. The Clueword.com contains or may
contain information, communications, opinions, text, graphics,
links, electronic art, animations, audio, video, software, photos,
music, sounds and other material and data (collectively, "Content")
formatted, organized and collected in a variety of forms that are
generally accessible to Users, including directories and databases,
and areas of the Clueword.com that can be modified by Users, such as
posting ads, uploading multimedia files, registering user profiles,
and creating Auto-Notify profiles ("Interactive Areas").
1. User Rights and Responsibilities
1.1 Access to the Clueword.com.You are responsible
for providing all hardware, software, telephone or other
communications equipment and/or service to connect to the Internet
and access the Clueword.com and are responsible for all Internet
access charges, telephone charges or other fees or charges incurred
in connecting to the Internet and accessing the Clueword.com.
1.2 User Conduct.You agree to access and use the Clueword.com
only for lawful purposes. You are solely responsible
for the knowledge of and adherence to any and all laws, statutes,
rules and regulations, pertaining to (i) your use of the Clueword.com, including any Interactive Area, (ii) the use of any
networks or other services connected to the Clueword.com, and (iii)
the communications means by which you connect your modem, computer,
or other equipment to the Clueword.com. By accessing the Clueword.com, you agree that you will not:
(1) restrict or inhibit any other user from using and
enjoying the Interactive Features;
(2) post or transmit any unlawful, threatening, abusive,
libelous, defamatory, obscene, vulgar, pornographic, profane, or
indecent information of any kind, including without limitation any
transmissions constituting or encouraging conduct that would
constitute a criminal offense, give rise to civil liability or
otherwise violate any local, state, national, or international
law;
(3) post or transmit any information, software, or other
material which violates or infringes in the rights of others,
including material which is an invasion of privacy or publicity
rights or which is protected by copyright, trademark or other
proprietary right, or derivative works with respect thereto,
without first obtaining permission from the owner or right holder.
(4) post or transmit any information, software or other
material which contains a virus or other harmful component;
(5) alter, damage or delete any Content or other communications
that are not your own Content or to otherwise interfere with the
ability of others to access the Clueword.com;
(6) disrupt the normal flow of communication in an Interactive
Area;
(7) claim a relationship with or to speak for any business,
association, institution or other organization for which you are
not authorized to claim such a relationship;
(8) violate any operating rule, policy or guideline of your
Internet access provider or online service.
2. Intellectual Property Rights
2.1 Clueword.com content.(a) You acknowledge that
Content on the Clueword.com is generally provided by the Clueword.com, individual contributors of Content ("Contributors"),
third party licensees, and/or other Users. You acknowledge that the Clueword.com
permits access to Content that is protected by
copyrights, trademarks, and other proprietary (including
intellectual property) rights ("Intellectual Property Rights"), and
that these Intellectual Property Rights are valid and protected in
all media existing now or later developed and except as is
explicitly provided below, your use of Content shall be governed by
applicable copyright and other intellectual property laws. You
acknowledge that the Clueword.com owns a copyright in the "look and
feel," i.e., the selection, coordination, arrangement and
presentation of such Content.
(b) You may not modify, copy, reproduce, transmit, distribute,
publish, create derivative works from, display or otherwise transfer
or commercially exploit any of the Content, in whole or in part,
provided, however, that you may (i) make a reasonable number of
digital or other form of copies to permit your computer hardware and
software to access and view the Content, (ii) print one copy of each
piece of Content, (iii) make and distribute a reasonable number of
copies of Content, in whole or in part, in hard copy or electronic
form for internal use only. Any permitted copies of Content must
reproduce in an unmodified form any notices contained in the
Content, such as all Intellectual Property Right notices, and an
original source attribution to "The Clueword.com" and its URL
address. You acknowledge that the Clueword.com, its Contributors,
and/or Users remain the owners of the Content and that you do not
acquire any Intellectual Property Rights by downloading or printing
Content.
2.2 Content Provided by User.You may upload to any
Interactive Area or otherwise transmit, post, publish, reproduce or
distribute, on or through the Clueword.com only Content that is not
subject to any Intellectual Property Rights, or Content in which any
holder of Intellectual Property Rights has given express
authorization for distribution over the Internet and on the Clueword.com, without restriction whatsoever. Any Content submitted
with the consent of a copyright owner other than you should contain
a phrase such as "Copyright owned by [name of owner]; Used by
Permission." By submitting Content to any Interactive Area, you
automatically grant and/or warrant that the owner of such Content,
whether it be You or a third party, has expressly granted to the Clueword.com
the royalty-free, perpetual, irrevocable,
non-exclusive, unrestricted, worldwide right and license to use,
reproduce, modify, adapt, publish, translate, create derivative
works from, sublicense, distribute, perform, and display such
Content, in whole or in part, worldwide and/or to incorporate it in
other works in any form, media, or technology now known or later
developed for the full term of any Intellectual Property Rights that
may exist in such Content. You also permit the Clueword.com to
sublicense to third parties the unrestricted right to exercise any
of the foregoing rights granted with respect to such Content. You
also permit any User to access, view, store and reproduce the
Content for personal use.
3. Interactive AreasYou acknowledge that the Clueword.com may include various interactive areas ("Interactive Areas"),
including but not limited to classified ads. These Interactive Areas
allow feedback to the Clueword.com and real-time interaction between
users. You further understand that the Clueword.com does not control
the messages, information, or files delivered to such Interactive
Areas and that the Clueword.com may offer you and other Users the
capability of creating and managing an Interactive Area. However,
neither the Clueword.com, its subsidiary and parent companies, or
affiliates, nor their respective directors, officers, employees and
agents are responsible for Content within any Interactive Area. Your
use and/or management of an Interactive Area will be governed by
this Agreement and any additional rules or operating procedures of
any Interactive Area established by you or another User, as
applicable. You recognize that the Clueword.com cannot, and does not
intend to, screen communications in advance. Moreover, because the Clueword.com
encourages open and candid communication in the
Interactive Areas, the Clueword.com cannot determine in advance the
accuracy or conformance to this Agreement of any Content transmitted
in an Interactive Area. The Clueword.com is not responsible for
screening, policing, editing, reviewing or monitoring any Content in
an Interactive Area. Notwithstanding the above, you agree that the Clueword.com
has the right to monitor any Interactive Area, from
time to time and to disclose any information as necessary to satisfy
any law, regulation or other governmental request, to operate the
Interactive Area, or to protect itself or other Users. If notified
of Content that is alleged not to conform to this Agreement, the Clueword.com
may investigate the allegation and determine in its
sole discretion whether to remove or request the User to remove such
Content. The Clueword.com reserves the right to prohibit conduct,
communication or Content within an Interactive Area, or to edit,
refuse to post, or to remove any Content, in whole or in part, which
it deems in its sole discretion to (i) violate the then-standard
provisions of this Agreement or any other standard, written Clueword.com
policy in effect at that time, (ii) be harmful to the
rights of any User, the Clueword.com, or other third parties, (iii)
violate applicable law, or (iv) be otherwise objectionable.
4. TerminationThe only right with respect to
dissatisfaction with any policies, guidelines, or practices of the Clueword.com
in operating the Clueword.com, or any change in
Content, is for you to discontinue accessing the Clueword.com. The Clueword.com
may terminate or temporarily suspend your access to all
or any part of the Clueword.com, without notice, for conduct that
the Clueword.com believes is a violation of this Agreement or any
policies or guidelines posted by the Clueword.com, or for other
conduct which the Clueword.com believes, in its sole discretion, is
harmful to the Clueword.com or other Users. The Clueword.com may
discontinue operating the Clueword.com and terminate this Agreement
without notice at any time for any reason in its sole discretion. In
the event of termination, you are no longer authorized to access the
Clueword.com, including the Interactive Areas, and the restrictions
imposed on you with respect to Content downloaded from the Clueword.com, as well as the disclaimers and limitations of
liabilities set forth in this agreement, shall survive.
5. Links; Disclaimers Of Warranties; Limitations of
Liability5.1 Links. You understand that except for Content,
products or services expressly available at the Clueword.com,
neither the Clueword.com, its subsidiary and parent companies, or
affiliates, or their respective directors, officers, employees, and
agents controls, provides, or is responsible for any Content, goods
or services available through sites on the Internet linked to or
from the Clueword.com. All such Content, goods and services are made
accessible on the Internet by independent third parties and are not
part of the Clueword.com or controlled by the Clueword.com. The Clueword.com
neither endorses nor is responsible for the accuracy,
completeness, usefulness, quality or availability of any Content,
goods or services available on any site linked to or from the Clueword.com, which are the sole responsibility of such independent
third parties, and your use thereof is solely at your own risk.
Neither the Clueword.com, its subsidiary and parent companies, or
affiliates, or their respective directors, officers, employees, and
agents shall be held responsible or liable, directly or indirectly,
for any loss or damage caused or alleged to have been caused by your
use of or reliance on any Content, goods or services available on
any site linked to or from the Clueword.com or your inability to
access the Internet or any site linked to or from the Clueword.com.
5.2 Disclaimer of Warranties. Please use your best judgment in
evaluating all information contained or opinions expressed on the Clueword.com. It is the policy of the
Clueword.com not to endorse or
oppose any opinion expressed by a User or Content provided by a
User, Contributor, or other independent party. YOU EXPRESSLY AGREE
THAT YOUR USE OF THE Clueword.com IS AT YOUR SOLE RISK. NEITHER THE Clueword.com
NOR ANY OF ITS SUBSIDIARY AND PARENT COMPANIES, OR
AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES,
AGENTS, CONTRACTORS, AFFILIATES, LICENSORS OR OTHER SUPPLIERS
PROVIDING CONTENT, DATA, INFORMATION OR SERVICES WARRANTS THAT THE Clueword.com
OR ANY INTERNET SITE LINKED TO OR FROM THE Clueword.com WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED,
OR THAT THIS SITE, INCLUDING THE INTERACTIVE AREAS, OR THE SERVER
THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. NOR DO ANY OF THEM MAKE ANY WARRANTY AS TO THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF THE Clueword.com OR ANY
INTERNET SITE LINKED TO OR FROM THE Clueword.com OR AS TO THE
TIMELINESS, SEQUENCE, ACCURACY, AUTHORITY, COMPLETENESS, USEFULNESS,
NONINFRINGEMENT, RELIABILITY, AVAILABILITY, OR SUBSTANCE OF ANY
CONTENT, INFORMATION, SERVICE, OR TRANSACTION PROVIDED THROUGH THE Clueword.com
OR ANY SITE LINKED TO OR FROM THE . THE Clueword.com IS
PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF
ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
5.3 Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL THE Clueword.com, ITS SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES, OR
THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS,
CONTRACTORS, OR LICENSORS, BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES UNDER OR ARISING FROM THIS AGREEMENT, THE Clueword.com, OR ANY INTERNET SITE LINKED TO OR FROM THE
Clueword.com, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR,
NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, INCLUDING WITHOUT
LIMITATION, ANY LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY
ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION,
ELECTRICAL SURGE/DAMAGE/INTERFERENCE, DELETION, DEFECT, DELAY IN
OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATIONS LINE
FAILURE, BREAKDOWN OF EQUIPMENT, SOFTWARE ERROR, INFRINGEMENT,
UNAUTHORIZED ACCESS TO, OR THEFT, DESTRUCTION, ALTERATION, OR USE
OF, RECORDS.
UNDER NO CIRCUMSTANCES SHALL THE Clueword.com, ITS SUBSIDIARY AND
PARENT COMPANIES, OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS,
OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS, BE LIABLE TO
YOU OR ANY OTHER THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN
BY YOU IN RELIANCE ON THE CONTENT CONTAINED WITHIN THE Clueword.com OR THE CONTENT CONTAINED WITHIN ANY INTERNET SITE LINKED TO OR FROM
THE Clueword.com. THE CONTENT WITHIN THE Clueword.com AND THE
CONTENT WITHIN INTERNET SITES LINKED TO OR FROM THE Clueword.com MAY
INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS.
CHANGES ARE PERIODICALLY ADDED TO THE CONTENT HEREIN; THESE CHANGES
WILL BE INCORPORATED IN NEW VERSIONS OF THE Clueword.com AND
SPECIFICALLY ARE INCLUDED IN THIS SECTION AGREEMENT. THE Clueword.com
AND ITS CONTRIBUTORS MAY MAKE IMPROVEMENTS AND/OR
CHANGES IN THE CONTENT AT ANY TIME AND FROM TIME TO TIME.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT THE Clueword.com IS
NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, FRAUDULENT, OR OTHERWISE
ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH ANY Clueword.com
SITE CONTENT, OR WITH THE ACCESS AGREEMENT OF THE Clueword.com, IN WHOLE OR IN PART, YOUR SOLE AND EXCLUSIVE REMEDY IS
TO DISCONTINUE USING THE Clueword.com.
6. IndemnityYou agree to indemnify and hold the Clueword.com, its parent or subsidiary companies and their
affiliates, and their respective directors, officers, employees, and
agents from any and all liabilities, claims and expenses, including
reasonable attorneys fees, arising from breach of this Agreement,
any other policy, your use or access of the Clueword.com or any
Internet site linked to or from the Clueword.com, or in connection
with the transmission of any Content on the Clueword.com.
7. MiscellaneousThis Agreement comprises the entire
agreement between the Clueword.com and you, and supersedes any prior
agreements with respect to the subject matter herein. The Clueword.com
may revise this Agreement or any other policy at any
time and from time to time, and such revision shall be effective two
(2) days upon posting notice of such revision prominently on the Clueword.com. You agree to review this Agreement periodically to be
aware of such revisions. If any such revision is unacceptable to
you, you must discontinue accessing the Clueword.com. Your continued
accessing and use of the Clueword.com following notice of any such
revision shall conclusively be deemed acceptance of all such
revisions. The provisions of Sections 1.2, 2.1, 2.2, 5.1, 5.2, 5.3,
6 and 7 shall survive the termination or expiration of this
Agreement. If any provision of this Agreement or any other policy be
held invalid or unenforceable, that portion shall be construed in
accordance with applicable law as nearly as possible to reflect the
original intention of the parties and the remaining portions will
continue in full force and effect. The failure of the Clueword.com to insist upon or enforce strict performance of any provision of
this Agreement shall not be construed as a waiver of any provision
or right. This Agreement shall be governed by the laws of the state
or province of domicile of the Clueword.com, excluding its conflict
of laws rules, and you and the Clueword.com each submit to the
exclusive jurisdiction of the courts of that state or province. This
Agreement is personal to you and you may not assign your rights or
obligations thereunder to anyone. All logos, brand names, products,
trademarks and service marks appearing herein may be the trademarks
or service marks of their respective owners. References to any
trademark, service mark and links to or from the Clueword.com have
been done strictly for clarification and identification and does not
constitute endorsement by the Clueword.com of the products, services
or information offered by the owner of such trademark, service mark
or link or endorsement of the Clueword.com by such trademark,
service mark or link owner.
Terms
of Use | Privacy
Statement | Tell
Your Friends
Copyright © 2001 ClueWord dotCom. All rights reserved.
Please send your questions, comments, or bug reports to the Service.
|
|