1. User Information
You certify to Word Magic Software Ltd ("Word Magic Software" or "We") that you are not a minor, i.e. that you are at least eighteen (18) years of age; provided, however, that a minor's parent or legal guardian may authorize a minor to use his/her password under supervision of the parent or guardian.
2. Appropriateness of Information
The information or data provided by and through the Service may include objectionable or inappropriate material. By entering the Website or using the Service you undertake full responsibility for determining whether the information complies with your needs or sensitivities.
4. Proprietary Rights to Information and Data
The information and data provided by or through the Service is protected by international copyright laws of Word Magic Software, or its third party providers. The User acknowledges that such information and data may contain other proprietary information and material, and the User will respect all such proprietary rights and take such precautions as may be reasonably necessary to protect private, confidential and other proprietary information and material from unauthorized use.
Word Magic Software's logos and product and service names are trademarks or service marks of Word Magic Software (collectively, ''Marks'') or any of its affiliates. The User agrees not to display or use, in any manner, any of Word Magic Software's Marks or copyrighted material without Word Magic Software's prior written consent. Third party trademarks, service marks, logos and trade names appearing on any of the websites which are part of the Service are the property of their respective owners.
6. Prohibited Uses
You expressly agree not to use the Service in a manner that is prohibited by any law or regulation, or to facilitate the violation of any law or regulation. You acknowledge that prohibited conduct includes, but is not limited to, use of the Service to invade the privacy of third parties, transmitting or uploading abusive, profane, libelous, slanderous, threatening or otherwise harassing material via the Service, transmitting or uploading any viruses, worms, "Trojan Horses" or other similar materials onto the Service or the Website, or reproducing, sending or distributing to or through the Service any material protected by copyright, privacy or other proprietary right without first obtaining the written permission of the owner thereof. You expressly agree not to damage, alter or modify the Service or any content thereof.
7. Monitoring of the Service
Word Magic Software is not responsible for the content on the Internet or World Wide Web pages that are contained outside the Service. As a convenience to our members, Word Magic Software provides links to many resources. Word Magic Software makes no representations as to the quality, suitability, functionality or legality of any sites to which Word Magic Software may provide links, and the User hereby waives any claim the User may have against Word Magic Software with respect to such sites.
10. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR OWN RISK. NO WARRANTY, REPRESENTATION, CONDITION, UNDERTAKING OR TERM - EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE - INCLUDING BUT NOT LIMITED TO THE CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR USE OF THE SERVICE IS GIVEN OR ASSUMED BY WORD MAGIC SOFTWARE. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY EXCLUDED. WORD MAGIC SOFTWARE MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT ANY INFORMATION OR DATA RECEIVED ON OR THROUGH THE SERVICE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES. WORD MAGIC SOFTWARE MAKES NO REPRESENTATIONS AS TO THE SUITABILITY OF THE INFORMATION DELIVERED OR RECEIVED ON OR THROUGH THE SERVICE FOR ANY PURPOSE NOR ABOUT ITS LEGITIMACY, LEGALITY, VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS. WORD MAGIC SOFTWARE DOES NOT WARRANT OR GUARANTEE THAT THE INFORMATION RECEIVED ON OR THROUGH THE SERVICE WILL NOT CONTAIN ADULT-ORIENTED MATERIAL, OR MATERIAL WHICH SOME INDIVIDUALS MAY DEEM OBJECTIONABLE OR INAPPROPRIATE. THE INFORMATION AND DATA DELIVERED BY OR RECEIVED FROM USERS ON OR THROUGH THE SERVICE IS NOT REVIEWED, CONTROLLED OR EXAMINED BY WORD MAGIC SOFTWARE BEFORE IT APPEARS ON THE WEBSITE. WORD MAGIC SOFTWARE DOES NOT ENDORSE, VERIFY OR OTHERWISE CERTIFY THE CONTENTS OF ANY SUCH INFORMATION OR DATA. USERS ARE SOLELY RESPONSIBLE FOR THE CONTENTS OF INFORMATION RECEIVED FROM THE SITE AND MAY BE HELD LEGALLY LIABLE OR ACCOUNTABLE FOR THE USE OR MISUSE THEREOF (INCLUDING, WITHOUT LIMITATION, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS).
11. LIMITATION OF LIABILITY
IN NO EVENT WILL WORD MAGIC SOFTWARE BE LIABLE TO ANY USER OF THE SERVICES OR OTHER PARTY AFFECTED BY THE SERVICE FOR ANY DAMAGES INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, LOSS OF PROFITS AND SAVINGS AND THE LIKE), OR ANY OTHER DAMAGES ARISING OUT OF THE UNAVAILABILITY, USE, RELIANCE ON, INABILITY TO UTILIZE OR IMPROPER USE OF THE SERVICE, EVEN IF WORD MAGIC SOFTWARE WILL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSIONS OF INCIDENTAL AND CONSEQUENTIAL DAMAGES MAY NOT APPLY TO YOU.
12. Disclosures of Your Information
You acknowledge and agree that Word Magic Software may process information gathered from different Users visiting the Website or using or downloading material from the Service for the purpose of building a profile of User interests and activities. Based on this profile, Word Magic Software may send you advertisements, offers and content, and provide you with the full benefits of the Service. As we aggregate this type of information about all of our members, we offer aggregated summaries to our advertisers and other interested parties so that they can learn what products and services are most popular to consumers.
European Union Users understand and consent to the processing of personal information in Israel and the United States.
13. Term & Termination
At Word Magic Software's request, the User agrees to defend, indemnify and to hold harmless Word Magic Software, its licensors, officers, directors and employees from any losses, claims and liabilities (including attorney's fees) which may arise from your use of the Service and/or material obtained from or through any Service provided on the Website, or from your breach of these rules. You further agree that Word Magic Software is not responsible, and shall have no liability to you, for any material posted by others, including defamatory, offensive, or illicit material, and that the risk of damage from such material rests entirely with you. Furthermore, Word Magic Software is not responsible for claims arising from the User's use of the Service or the User's breach of this Agreement, including, without limitation, claims of copyright infringement, patent infringement, misappropriation of trade secrets, libel, slander, trade libel, defamation, harassment, invasion of privacy or fraud.
Notices to the User may be made via either email or regular mail. Word Magic Software may also provide notices of changes to the Terms and Conditions or other matters by displaying notices or links to notices generally through the Website.
This Agreement shall be governed by and construed in accordance with the laws of the State of New York, USA, without regard to the principles of conflict of laws. This Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter hereof. This Agreement shall not be released, discharged, changed or modified in any manner, except by instruments signed by duly authorized officers or representatives of each of the parties thereto.
17. Other Word Magic Software Legal documents