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Terms of Service

My Wordy Bird Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the services and My Wordy Bird website (the “Services”), and any data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images, or other materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”).

  1. Basic Terms
    1. In order to use My Wordy Bird Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms. You can accept the Terms by: (i) clicking to accept or agree to the Terms, where this option is made available to you by My Wordy Bird in the user interface for any Service; or (ii) by actually using the Services, in which case you understand and agree that My Wordy Bird will treat your use of the Services as acceptance of the Terms from that point onwards.
    2. You may not use the Services and may not accept the Terms if (i) you are not of legal age to form a binding contract with My Wordy Bird, or (ii) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.
    3. You are responsible for your use of the Services, for any content you post to the Services, and for any consequences thereof. The Content you submit, post, or display will be able to be viewed by other users of the Services and through third party services and websites. You should only provide Content that you are comfortable sharing with others under these Terms.
    4. The Services that My Wordy Bird provides are always evolving and the form and nature of the Services that My Wordy Bird provides may change from time to time without prior notice to you. In addition, My Wordy Bird may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
    5. The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by My Wordy Bird on the Services are subject to change. In consideration for My Wordy Bird granting you access to and use of the Services, you agree that My Wordy Bird and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.
    6. You are bound by agreeing to these terms of use to certify you are not under the age of 13 years.
  2. Passwords
    1. You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services. Accordingly, you agree that you will be solely responsible for all activities that occur under your account. My Wordy Bird cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. If you become aware of any unauthorized use of your password or of your account, you agree to notify My Wordy Bird immediately.
  3. Content
    1. You understand that all Content which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated.
    2. You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to My Wordy Bird (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by My Wordy Bird or by the owners of that Content, in a separate agreement.
    3. My Wordy Bird reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service. For some of the Services, My Wordy Bird may provide tools to filter out explicit sexual content. In addition, there are commercially available services and software to limit access to material that you may find objectionable.
    4. You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.
    5. You agree that you are solely responsible for (and that My Wordy Bird has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which My Wordy Bird may suffer) by doing so.
    6. Unless you have been expressly authorized to do so in writing by Google, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
    7. Other than the limited license set forth in the Terms, My Wordy Bird acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with My Wordy Bird, you agree that you are responsible for protecting and enforcing those rights and that My Wordy Bird has no obligation to do so on your behalf.
    8. You acknowledge and agree that My Wordy Bird (or My Wordy Bird’s licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by My Wordy Bird and that you shall not disclose such information without My Wordy Bird’s prior written consent.
  4. License from My Wordy Bird
    1. My Wordy Bird gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by My Wordy Bird as part of the Services as provided to you by My Wordy Bird (referred to as the “Software” below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by My Wordy Bird, in the manner permitted by the Terms.
    2. You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by My Wordy Bird, in writing.
    3. Unless My Wordy Bird has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
  5. Content License From You
    1. You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. By submitting, posting or displaying the content you give My Wordy Bird a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services. This license is for the sole purpose of enabling My Wordy Bird to display, distribute and promote the Services and may be revoked for certain Services as defined in the Additional Terms of those Services.
    2. You agree that this license includes a right for My Wordy Bird to make such Content available to other companies, organizations or individuals with whom My Wordy Bird has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services.
    3. You understand that My Wordy Bird, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit My Wordy Bird to take these actions.
    4. You confirm and warrant to My Wordy Bird that you have all the rights, power and authority necessary to grant the above license.
  6. EXCLUSION OF WARRANTIES
    1. NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT MY WORDY BIRD’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
    2. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE.”
    3. IN PARTICULAR, MY WORDY BIRD, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (a) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS; (b) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (c) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; AND (d) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
    4. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
    5. MY WORDY BIRD FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
  7. LIMITATION OF LIABILITY
    1. SUBJECT TO OVERALL PROVISIONS ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT MY WORDY BIRD, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
      1. ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
      2. ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
        1. ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
        2. ANY CHANGES WHICH MY WORDY BIRD MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
        3. THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
        4. YOUR FAILURE TO PROVIDE MY WORDY BIRD WITH ACCURATE ACCOUNT INFORMATION;
        5. YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
    2. THE LIMITATIONS ON MY WORDY BIRD’S LIABILITY TO YOU IN PARAGRAPHS ABOVE SHALL APPLY WHETHER OR NOT MY WORDY BIRD HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
  8. Privacy
    1. Any information that you provide to My Wordy Bird is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by My Wordy Bird. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your My Wordy Bird account, which you may not be able to opt-out from receiving.
  9. Copyright Policy
    1. It is My Wordy Bird’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminating the accounts of repeat infringers. It is our policy to respond to clear notices of alleged copyright infringement. The form of notice should be consistent with the form suggested by the United States Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office Web Site, http://www.copyright.gov) but we will respond to notices of this form from other jurisdictions as well. Regardless of whether we may be liable for such infringement under local country law or United States law, our response to these notices may include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating subscribers. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or content so that they may make a counter notification. We may also document notices of alleged infringement on which we act. Please note that in addition to being forwarded to the person who provided the allegedly infringing content, a copy of this legal notice may be sent to a third-party which may publish and/or annotate it.
  10. Advertisements
    1. Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.
    2. The manner, mode and extent of advertising by My Wordy Bird on the Services are subject to change without specific notice to you.
    3. In consideration for My Wordy Bird granting you access to and use of the Services, you agree that My Wordy Bird may place such advertising on the Services.
  11. Disputes
    1. The Terms, and your relationship with My Wordy Bird under the Terms, shall be governed by the laws of the State of Idaho without regard to its conflict of laws provisions. You and My Wordy Bird agree to submit to the exclusive jurisdiction of the courts located within the county of Ada, Idaho to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that My Wordy Bird shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
    2. You acknowledge and agree that each member of the group of companies of which My Wordy Bird is the parent shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.
    3. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
    4. The failure of My Wordy Bird to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
  12. General Legal Terms
    1. Entire Agreement. These Terms are the entire and exclusive agreement between My Wordy Bird and you regarding the Services (excluding any services for which you have a separate agreement with My Wordy Bird that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between My Wordy Bird and you regarding the Services. We may revise these Terms from time to time, in our sole discretion. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
    2. Waiver of Severability. The failure of My Wordy Bird to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
    3. Termination. My Wordy Bird may at any time, terminate its legal agreement with you at any time if you have: (i) breached any provision of the Terms; (ii) My Wordy Bird is required to do so by law; (iii) the provision of the Services to you by My Wordy Bird is, in My Wordy Bird’s opinion, no longer commercially viable.
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