Wordnik

Terms of Service

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<ul> <li>Community</li> <li>Word of the day</li> <li>Random word</li> </ul> Log in or Sign up Wordnik Terms of Service Last Updated: May 15, 2015 Please read our terms of service before using any of our sites, services, or apps. By using our sites, services, or apps, you are agreeing to these terms. The legally-binding language is on the left. the human-friendly language is on the right. Questions? Please email us at feedback@wordnik.com Welcome to the Wordnik ("Wordnik" or "we") website, accessible at https://www.wordnik.com (the "Site") and Wordnik services available through our websites, our APIs and the other domains, products, services and/or content provided by Wordnik which may be used on your website or on affiliated websites (the "Services"). The following terms and conditions and our Privacy Policy which is incorporated herein by this reference ("Terms of Service"), govern your access to and use of the Site and Services, and, except as otherwise provided in these Terms of Service, all text, graphics, images, music, software, audio, video, information or other materials available through the Site and Services ("Content"). Please read these Terms of Service carefully. They constitute a binding legal agreement between you and Wordnik. By using Wordnik.com, creating an account at Wordnik.com, using the Related Content by Wordnik plugin, or by using other services that we create, you agree to these terms of service. Certain areas of the Site (and your access to or use of certain Services or Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms of Service and terms and conditions posted for a specific area of the Site, Services or Content, the latter terms and conditions shall take precedence with respect to your use of or access to that area of the Site, Services or Content. Some of our products and services might have other terms and conditions you’ll need to agree to in order to use them (for example, our developer APIs). If you want to use those services, those terms and conditions will take precedence over these. YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE OR THE SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, SERVICES OR CONTENT. Really, we totally mean this. If you use our site, register, leave a comment, or install something we make, you are telling us that you agree to our terms of service. That’s why we’re using the all caps. Modification Wordnik reserves the right, at its sole discretion, to modify, discontinue or terminate the Site or Services or to modify these Terms of Service, at any time and without prior notice. If we modify these Terms of Service, we will post the modification on the Site or provide you with notice of the modification. We will also update the "Last Updated Date" at the top of the terms page of the Site. By continuing to access or use the Site or the Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms of Service. If the modified Terms of Service are not acceptable to you, your only recourse is to cease using the Site and the Services. Every once in a while we are probably going to have to update these terms and conditions. When we update them, we will post the new terms here, and put the date of the last change at the top, or we’ll send you an email. If you keep using our sites, apps, and services after we change the terms, you are implicitly agreeing to the new terms. If you don’t agree with the new terms, you can stop using our sites, apps, and services. Eligibility and Account Registration In order to access certain features of the Site and Services and to post any Content on the Site or through the Services, you must register to create an account ("Account") through the Site or as a user of a Service provided by us for use on your website or an affiliated website (a "Partner"), (such users collectively being "Members" or a "Member"). To use some site and service features, you’ll need to register and create an account. You’ll need an account to post comments on Wordnik.com, or to use Related Content by Wordnik, for example. During the registration process, you will be required to provide certain information and you will establish a username and a password. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Wordnik reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. In order to set up an account for you, we’ll need some information, including a username and password. You agree to give us accurate information when setting up your account, and if you don’t, we can close your account. (For instance, if you give us a fake email address and it bounces, we can close your account, even if your username and password are fine.) You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify Wordnik of any unauthorized use of your Account. You agree to keep your password secret. (It’s a good idea.) If someone else uses your account, you’re responsible for what they do, whether or not you gave them permission. If you find that someone is using your account without your permission, you agree to tell us right away. Privacy See Wordnik's Privacy Policy for information and notices concerning Wordnik's collection and use of your personal information. We couldn't figure out a way to make that clearer. Ownership The Site, Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms of Service, Wordnik and its licensors exclusively own all right, title and interest in and to the Site, Services and Content, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services or Content. We spent a lot of time coming up with the services we offer and with the name Wordnik (and we trademarked it!). So please don’t steal our stuff, use our name to refer to things that we haven’t made, or change our sites, apps, and services to remove or hide our name or other ownership markers. Third Party Content Providers, Advertising and Business Dealings Wordnik may run advertisements and promotions from third parties on the Site or may otherwise provide information about or links to third-party content, products or services on the Service or Site. Your business dealings with or participation in the promotions of such third parties, and any terms, conditions, warranties, or representations associated with such dealings or promotions, are solely between you and such third party. Wordnik is not responsible for and does not guarantee the price, terms, performance, quality, accuracy, availability or legality of any content, products, services, promotions or information offered by any third party content provider or advertiser. Wordnik is not responsible or liable for any loss or damage of any sort incurred as the result of such dealings or promotions or as a result of such third party information or advertisements on the Service or Site. If you have a dispute with one or more advertisers or other third parties, you release Wordnik from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. We might run ads on our sites, in our apps, or via our services. If you click on any ads, or start any relationships with any advertisers, we are not responsible for (and we don’t guarantee) their behavior. For instance, if you buy a giant inflatable hedgehog from an ad on our site, and it doesn’t inflate all the way (and therefore ruins your birthday party!) we are not to blame. If you sue Giant Inflatable Hedgehog, Inc., you agree not to name us in the suit. Content License Subject to your compliance with the terms and conditions of these Terms of Service, Wordnik grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access, view, download and print any Content solely for your personal and non-commercial purposes. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site, Services or Content, except as expressly permitted in these Terms of Service. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Wordnik or its licensors, except for the licenses and rights expressly granted in these Terms of Service. As long as you behave nicely, you can use our sites, apps, and services. You don’t have the right to resell our sites, apps, and services, or to misuse them. Using our sites, apps, and services does not give you any rights of ownership in them. Please note that the terms of service for our API are different. You are certainly allowed to create commercial services using our API, with the sole exception being that you can't create a service that is simply a clone or proxy of the Wordnik API service. User Content Members may post, upload, publish, submit or transmit text, graphics, images, music, audio, video, information or other materials to be made available through the Site and Services ("User Content"). By submitting any User Content to Wordnik or displaying, publishing, or otherwise posting any Content on or through the Service or Site, you hereby shall and do grant Wordnik a worldwide, non-exclusive, royalty-free, fully paid, perpetual, irrevocable, sublicensable and transferable license to use, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully make use of and/or commercialize the User Content in connection with the Service or Site and Wordnik’s (and its successors and assigns) business. You also hereby do and shall grant to all other users of the Service or Site a limited, non-exclusive, non-transferable license, without the right to sublicense, to access, view, download and print any User Content solely for such users’ personal and non-commercial purposes. Wordnik does not claim any ownership rights in any such User Content and nothing in these Terms of Service will be deemed to restrict any rights that you may have to use and exploit any such User Content. You can add content to our sites, apps, and services, but please do so only if you have the rights to do so. By adding content, you agree to let us share that content in our sites, apps, and services. We do not claim any copyright in your content. Agreeing to let us use your content in this way makes it possible for us to show your comments, lists, and tags on Wordnik.com, and so on. You give us permission to show your content (for example your word lists on Wordnik.com, or part of your blog post via Related Content), but we don’t own your content. You own your content, and none of your rights in your content (to publish, sell, transfer, etc.) are restricted by this agreement. You acknowledge and agree that you are solely responsible for all User Content that you make available through the Site or Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Site or Services or you have all rights, licenses, consents and releases that are necessary to grant to Wordnik the rights in such User Content, as contemplated under these Terms of Service. and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Wordnik’s use of the User Content (or any portion thereof) on, through or by means of the Site and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. Again, please don’t upload things you don’t have the right to upload. If you contribute something, we’re going to assume that you have the necessary rights. The User Content will not contain any "back door," "trap door", "time bomb," "Trojan Horse," "worm," "drop dead device," "Easter Eggs", "cancelbots" or other computer programming routines or viruses that are intended to damage, interfere with, intercept or expropriate any system data or personal information, permit access to or use of the Site and Services or other software or hardware by unauthorized parties, or disable, damage or erase any portion of the Site or Services. Don’t add malicious stuff! Feedback We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Services ("Feedback"). You may submit Feedback by emailing us at feedback@wordnik.com or through the methods described on the support section of the Site. You acknowledge and agree that all Feedback will be the sole and exclusive property of Wordnik and you hereby irrevocably assign to Wordnik and agree to irrevocably assign to Wordnik all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At Wordnik’s request and expense, you will execute documents and take such further acts as Wordnik may reasonably request to assist Wordnik to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback. There are lots of ways to reach us, including via email at feedback@wordnik.com If you send us feedback via any method (email, Twitter, use of support tools such as Get Satisfaction, smoke signals) we then have the right to use that information for any reasonable purpose, such as testimonials, improving our service, and so on. General Prohibitions Unless otherwise stated in these Terms of Service, you agree not to do any of the following while using the Site, Services or Content: Here's a whole list of things you should not do: Post, upload, publish, submit or transmit any text, graphics, images, software, music, audio, video, information or other material that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy. (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability. (iii) is fraudulent, false, misleading or deceptive. (iv) is defamatory, obscene, pornographic, vulgar or offensive. (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group. (vi) is violent or threatening or promotes violence or actions that are threatening to any other person. or (vii) promotes illegal or harmful activities or substances (including but not limited to activities that promote or provide instructional information regarding the manufacture or purchase of illegal weapons or illegal substances). Simply, don’t be a jerk. Don’t upload content that doesn’t belong to you, that is offensive or harassing, goads people into illegal behavior, or is otherwise unhelpful. Access, tamper with, or use non-public areas of the Site, Wordnik’s computer systems, or the technical delivery systems of Wordnik’s providers; Don’t try to access parts of our sites, apps, or services that are not intended for public view, please. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Wordnik or any of Wordnik’s providers or any other third party (including another user) to protect the Site, Services or Content; Don’t try to bypass security, either. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation; Don’t use our sites, apps, or services to send spam. Nobody likes it. If you do post a comment or list on the site that contains unsolicited or unauthorized advertising, promotional materials, spam, or other form of solicitation you agree that we may, at our sole discretion, bill you US$1000 per infringing comment or list; That's right, if you leave spam, it costs us money to deal with. So we'll bill you for it. Use any meta tags or other hidden text or metadata utilizing a Wordnik trademark, logo URL or product name without Wordnik’s express written consent; Please don’t pass yourselves off as us, either. Use the Site, Services or Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms of Service; Please use our sites, apps, and services in the spirit in which they were intended to be used, and not for elaborate moneymaking schemes. (They won’t work, anyway.) Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services or Content to send altered, deceptive or false source-identifying information; Don’t pretend to be us in email or in newsgroups, or elsewhere online. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services or Content; Don’t poke around in our code – we have lots of open-source software, or, if you’re curious about how we do things, please ask! We’re happy to help. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site; Don’t try to prevent others from using our sites, apps, or services. Collect or store any personally identifiable information from the Site or Services from other users of the Site or Services without their express permission; Don’t take other people’s personal information from our sites, apps, or services. Impersonate or misrepresent your affiliation with any person or entity; Don’t claim to be someone you’re not. Violate any applicable law or regulation. or Don’t do illegal stuff. Encourage or enable any other individual to do any of the foregoing. Don’t egg other people on to do illegal stuff. Seriously bro, not cool. Wordnik will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and Site security issues, to the fullest extent of the law. Wordnik may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Service. You acknowledge that Wordnik has no obligation to monitor your access to or use of the Site, Services or Content or to review or edit any User Content, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Wordnik reserves the right, at any time and without prior notice, to remove or disable access to any Content, including any User Content, that Wordnik, in its sole discretion, considers to be in violation of these Terms of Service or otherwise harmful to the Site or Services. Under no circumstances will Wordnik be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available via the Site or the Service. You use the Site and the Services at your own risk. If we discover bad behavior on your part, we will do what we can to stop it, including taking legal action, but we have no obligation to monitor our sites, services, or apps to prevent potential harm, and we are not responsible for any harm that might result from content contributed by users. Also, if we think your contributed content is harmful, unhelpful, or just plain cruddy, we can take it down, or otherwise keep it from being displayed on our sites, apps, and services. Beta Testing Terms From time to time, Wordnik may offer a test (beta) version of a Service to a limited group of users for evaluation purposes (a “Beta Service”). The Beta Service is offered to you on the terms set forth in these Terms of Use and in this section. Some of our services may be marked as "beta", and they have extra terms of use associated with them, set out here. THE BETA SERVICE LICENSED HEREUNDER IS BELIEVED TO CONTAIN DEFECTS AND A PRIMARY PURPOSE OF THIS BETA TESTING LICENSE IS TO OBTAIN FEEDBACK ON PERFORMANCE AND IDENTIFICATION OF DEFECTS. LICENSEE IS ADVISED TO SAFEGUARD IMPORTANT DATA, TO USE CAUTION AND NOT TO RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF THE SERVICE AND/OR ACCOMPANYING MATERIALS. It is expressly understood that you shall, regardless of whether or not formally requested to do so, provide Feedback subject to the terms herein. If you use a site, app, or service that is marked as being “in beta,” we don’t guarantee that it will work as advertised, or even at all. Stuff may break. Technical support is not provided for the Beta Service. If stuff breaks on one of our beta sites, apps, or services, we won’t provide technical support. Unless terminated earlier pursuant to the Termination and Account Cancellation or other terms set forth herein, your license to the Beta Service will automatically expire, and Wordnik may automatically and without notice deactivate your access to such Beta Service, on the earliest to occur of the following: (a) after Wordnik makes available an updated beta version of the Beta Service (as announced on our website or via email to you), unless you promptly upgrade to such updated beta version. (b)the first day Wordnik makes available a production version of the Beta Service (as announced on our website or via email to you), or (c)six months after the date you first receive access to the Beta Service or any update thereto. Once a beta product is out of the beta period, we may discontinue your access to it. We may replace the product with an upgraded version, or, if an upgraded version is not produced, your access may be discontinued after six months. Copyright Complaints Wordnik respects the intellectual property of others. It is Wordnik's policy to respond expeditiously to claims of copyright and other intellectual property infringement. Wordnik will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, Wordnik may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. Wordnik will terminate access for subscribers and account holders who are repeat infringers. We comply with the DMCA. Notifying Wordnik of Copyright Infringement: To provide Wordnik notice of an infringement, you must provide a written communication to the attention of "DMCA Infringement Notification Department" at DMCA Agent: Erin McKean, PO Box 181, Millbrae CA 94030, USA. Phone: (650) 409-6451. or send an email to dmca@wordnik.com that sets forth the information specified by the Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is infringing your copyright. If you file a fraudulent DMCA claim, you may have to pay damages to us. And we will really enjoy buying snacks for the office with that money. Providing Wordnik with Counter-Notification: If we remove or disable access to content in response to an infringement notice, we will make reasonable attempts to contact the owner or administrator of the affected site or content. If you feel that your material does not constitute infringement, you may provide Wordnik with a counter notification by written communication to the attention of "DMCA Counter Notification Dept." at Wordnik’s DMCA Agent’s contact information above that sets forth all of the necessary information required by the DMCA. Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommend seeking advice of an attorney. Here’s how to file a DMCA Counter-Notification. If you file a fraudulent DMCA Counter-Notification, you may have to pay damages. Links The Service or Site may contain links to third-party websites or resources. You acknowledge and agree that Wordnik is not responsible or liable for: (i) the availability or accuracy of such websites or resources. or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Wordnik of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. Our sites, services, and apps may link to other people’s sites, services, and apps. We don’t claim any responsibility for the content, products, or services available at those links, and our links are not an endorsement of those sites, services, or apps. Termination and Account Cancellation If you breach any of these Terms of Service, without limiting Wordnik’s other rights and remedies hereunder, Wordnik will have the right to suspend or disable your Account or terminate these Terms of Service, at its sole discretion and without prior notice to you. Wordnik reserves the right to revoke your access to and use of the Site, Services and Content at any time, with or without cause. In the event Wordnik terminates these Terms of Service for your breach, you will remain liable for all amounts due hereunder. You may cancel your Account at any time by sending an email to feedback@wordnik.com. We can cancel your access to our sites, services, and apps, and will do so if you behave badly, and we won’t take the time to argue about it with you. If you would like to cancel your account, you can do so anytime. Disclaimers THE SITE, SERVICES AND CONTENT ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, WORDNIK EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. Our sites, services, and apps don’t come with a warranty. WORDNIK MAKES NO WARRANTY THAT THE SITE, SERVICES OR CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WORDNIK MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES OR CONTENT PURCHASED OR OBTAINED THROUGH THE SITE OR SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE OR SERVICES. We cannot guarantee that our sites, apps, or services will always be available, nor can we guarantee that they will be perfect. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM WORDNIK OR THROUGH THE SITE, SERVICES OR CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. No matter what, we can’t guarantee this. Not even if one of our employees or other representatives says “It’s wonderful!” YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES. YOU UNDERSTAND THAT WORDNIK DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SITE OR SERVICES, NOR DOES WORDNIK MAKE ANY ATTEMPT TO MONITOR OR TO VERIFY THE STATEMENTS OF USERS OF THE SITE OR SERVICES. WORDNIK MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON. We can’t control the actions of everyone using our sites, apps, or services. Please take reasonable precautions, especially when interacting with strange people on the internet. Indemnity You agree to defend, indemnify, and hold Wordnik, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site, Services or Content, or your violation of these Terms of Service. You’ll be responsible if you do bad stuff that gets us in trouble. Limitation of Liability YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICES AND CONTENT REMAINS WITH YOU. NEITHER WORDNIK NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WORDNIK HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT WORDNIK IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, WORDNIK WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE OR THROUGH THE SERVICES. Seriously, we are not liable. Not for lost profits, not for bodily harm, not for emotional distress. Not even if you tell us that something bad will happen. We’re especially not responsible for the behavior of other people, even if they are using our sites, apps, or services. IN NO EVENT WILL WORDNIK’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR CONTENT EXCEED ONE HUNDRED U.S. DOLLARS ($100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN WORDNIK AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. In the unlikely event that we are held responsible for any liability, despite all the disclaimers above, the most we can pay you is US$100. Some places don’t allow the capping of dollar amounts for liability. if you live in one of those places, this doesn’t apply to you. Proprietary Rights Notices All trademarks, service marks, logos, trade names and any other proprietary designations of Wordnik used herein are trademarks or registered trademarks of Wordnik. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties. Our trademarks are our trademarks. other people’s trademarks belong to them. We don’t claim theirs, and they don’t claim ours. Controlling Law and Jurisdiction These Terms of Service and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Service will be the federal or state courts located in the Northern District of California and each of the parties hereto consents to the personal jurisdiction and venue in such courts. Any disputes that need to go to court, will have to go to court in California. On the plus side, our weather is really nice. Entire Agreement These Terms of Service constitute the entire and exclusive understanding and agreement between Wordnik and you regarding the Site, Services and Content, and these Terms of Service supersede and replace any and all prior oral or written understandings or agreements between Wordnik and you regarding the Site, Services and Content. This agreement is all there is. No side agreements (or bets). Assignment You may not assign or transfer these Terms of Service, by operation of law or otherwise, without Wordnik’s prior written consent. Any attempt by you to assign or transfer these Terms of Service, without such consent, will be null and of no effect. Wordnik may assign or transfer these Terms of Service, in its sole discretion, without restriction. Subject to the foregoing, these Terms of Service will bind and inure to the benefit of the parties, their successors and permitted assigns. You can’t transfer your account to someone else—but they can get their own account! We can transfer our responsibilities under these terms of service to another entity (for instance, if we become part of another organization). General The failure of Wordnik to enforce any right or provision of these Terms of Service will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Wordnik. Except as expressly set forth in these Terms of Service, the exercise by either party of any of its remedies under these Terms of Service will be without prejudice to its other remedies under these Terms of Service or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms of Service invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms of Service will remain in full force and effect. The rules are the rules. Even if you see someone else getting away with something that’s against the rules (or you think you’ve gotten away with something that’s against the rules), that doesn’t make the rules go away. If a court decides that any of these rules are unenforceable, the rest of our rules remain in effect. 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