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Products, Graphics, Text are Copyright, Trademark and/or Reserved by their Respective Owners.
Usage of this web site is based on the following terms and conditions. 1. ACCEPTANCE OF TERMS enterWord.com welcomes you to the latest in web technology. enterWord.com provides its service to you
subject to the following Terms of Service ("TOS"), which may be updated
by us from time to time without notice to you. You can review the most
current version of the TOS at any time at:
http://www.enterword.com/terms.aspx. In addition, when using
particular enterWord.com owned or operated services, you and enterWord.com
shall be subject to any posted guidelines or rules applicable to such services,
which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.
enterWord.com may also offer other services that are governed by
different Terms of Service. 2. DESCRIPTION OF SERVICE enterWord.com provides users with access to a unique direct hit engine to help users navigate throughout the world wide web. You also understand and agree that the Service may include advertisements and that these advertisements are necessary for enterWord.com to provide the Service. You also understand and agree that the Service may include certain communications from enterWord.com, such as service announcements, administrative messages and the enterWord.com Newsletter, and that these communications are considered part of enterWord.com membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new enterWord.com properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that enterWord.com assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service. Please be aware that enterWord.com's users may have created certain areas on the Service
that contain adult or mature content. You must be at least 18 years of
age to access and view such areas. 3. YOUR REGISTRATION OBLIGATIONS In consideration of your use of the Service, you represent that you
are of legal age to form a binding contract and are not a person barred
from receiving services under the laws of the United States or other
applicable jurisdiction. You also agree to: (a) provide true, accurate,
current and complete information about yourself as prompted by the
Service's registration form (the "Registration Data") and (b) maintain
and promptly update the Registration Data to keep it true, accurate,
current and complete. If you provide any information that is untrue,
inaccurate, not current or incomplete, or enterWord.com has reasonable grounds
to suspect that such information is untrue, inaccurate, not current or
incomplete, enterWord.com has the right to suspend or terminate your account
and refuse any and all current or future use of the Service (or any
portion thereof). enterWord.com is concerned about the safety and privacy of
all its users, particularly children. For this reason, parents of
children under the age of 13 who wish to allow their children access to
the Service must create a enterWord.com Family Account. When you create a
enterWord.com Family Account and add your child to the account, you certify
that you are at least 18 years old and that you are the legal guardian
of the child/children listed on the enterWord.com Family Account. By adding a
child to your enterWord.com Family Account, you also give your child permission
to access many areas of the Service, including, email, message boards
and instant messaging (among others). Please remember that the Service
is designed to appeal to a broad audience. Accordingly, as the legal
guardian, it is your responsibility to determine whether any of the
Service areas and/or Content (as defined in Section 6 below) are
appropriate for your child. 4. enterWord.com PRIVACY POLICY Registration Data and certain other information about you is subject
to our Privacy Policy. We protect your content, name, and information
through our secured servers and environment. You understand that
through your use of the Service 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 enterWord.com and its affiliates. 5. MEMBER ACCOUNT, PASSWORD AND SECURITY You will receive a password and account designation upon completing
the Service's registration process. You are responsible for maintaining
the confidentiality of the password and account and are fully
responsible for all activities that occur under your password or
account. You agree to (a) immediately notify enterWord.com of any unauthorized
use of your password or account or any other breach of security, and (b)
ensure that you exit from your account at the end of each session.
enterWord.com cannot and will not be liable for any loss or damage arising from
your failure to comply with this Section 5. 6. MEMBER CONDUCT You understand that all information, data, text, software, music,
sound, photographs, graphics, video, messages, tags, or other materials
("Content"), whether publicly posted or privately transmitted, are the
sole responsibility of the person from whom such Content originated.
This means that you, and not enterWord.com, are entirely responsible for all
Content that you upload, post, email, transmit or otherwise make
available via the Service. enterWord.com does not control the Content posted
via the Service and, as such, does not guarantee the accuracy, integrity
or quality of such Content. You understand that by using the Service,
you may be exposed to Content that is offensive, indecent or
objectionable. Under no circumstances will enterWord.com be liable in any way
for any Content, including, but not limited to, any errors or omissions
in any Content, or any loss or damage of any kind incurred as a result
of the use of any Content posted, emailed, transmitted or otherwise made
available via the Service. You agree to not use the Service to:
You acknowledge that enterWord.com may or may not pre-screen Content, but
that enterWord.com and its designees shall have the right (but not the
obligation) in their sole discretion to pre-screen, refuse, or move any
Content that is available via the Service. Without limiting the
foregoing, enterWord.com and its designees shall have the right to remove any
Content that violates the TOS or is otherwise objectionable. You agree
that you must evaluate, and bear all risks associated with, the use of
any Content, including any reliance on the accuracy, completeness, or
usefulness of such Content. In this regard, you acknowledge that you may
not rely on any Content created by enterWord.com or submitted to enterWord.com,
including without limitation information in enterWord.com Message Boards and in
all other parts of the Service. enterWord.com may refuse the right
to refund a fee if content is deemed unsuitable or inaccurate.
Please make sure you register words and actions according to your
ownership and relative content. You acknowledge, consent and agree that enterWord.com may access, preserve
and disclose your account information and Content if required to do so
by law or in a good faith belief that such access preservation or
disclosure is reasonably necessary to: (a) comply with legal process;
(b) enforce the TOS; (c) respond to claims that any Content violates the
rights of third parties; (d) respond to your requests for customer
service; or (e) protect the rights, property or personal safety of
enterWord.com, its users and the public. You understand that the technical processing and transmission of the
Service, including your Content, may involve (a) transmissions over
various networks; and (b) changes to conform and adapt to technical
requirements of connecting networks or devices. You understand that the Service and software embodied within the
Service may include security components that permit digital materials to
be protected, and that use of these materials is subject to usage rules
set by enterWord.com and/or content providers who provide content to the
Service. You may not attempt to override or circumvent any of the usage
rules embedded into the Service. Any unauthorized reproduction,
publication, further distribution or public exhibition of the materials
provided on the Service, in whole or in part, is strictly prohibited. 7. INTERSTATE NATURE OF COMMUNICATIONS ON enterWord.com NETWORK 8. SPECIAL ADMONITIONS FOR INTERNATIONAL USE Recognizing the global nature of the Internet, you agree to comply
with all local rules regarding online conduct and acceptable Content.
Specifically, you agree to comply with all applicable laws regarding the
transmission of technical data exported from the United States or the
country in which you reside. 9. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE enterWord.com does not claim ownership of Content you submit or make
available for inclusion on the Service. However, with respect to Content
you submit or make available for inclusion on publicly accessible areas
of the Service, you grant enterWord.com the following worldwide, royalty-free
and non-exclusive license(s), as applicable:
"Publicly accessible" areas of the Service are those areas of the
enterWord.com network of properties that are intended by enterWord.com to be available
to the general public. By way of example, publicly accessible areas of
the Service would include enterWord.com Message Boards and portions of enterWord.com
Groups, Photos and Briefcase that are open to both members and visitors.
However, publicly accessible areas of the Service would not include
portions of enterWord.com Groups that are limited to members, enterWord.com services
intended for private communication such as enterWord.com Mail or enterWord.com
Messenger, or areas off of the enterWord.com network of properties such as
portions of World Wide Web sites that are accessible via hypertext or
other links but are not hosted or served by enterWord.com. 10. INDEMNITY You agree to indemnify and hold enterWord.com and its subsidiaries,
affiliates, officers, agents, employees, partners and licensors harmless
from any claim or demand, including reasonable attorneys' fees, made by
any third party due to or arising out of Content you submit, post,
transmit or otherwise make available through the Service, your use of
the Service, your connection to the Service, your violation of the TOS,
or your violation of any rights of another. 11. NO RESALE OF SERVICE You agree not to reproduce, duplicate, copy, sell, trade, resell or
exploit for any commercial purposes, any portion of the Service
(including your enterWord.com ID), use of the Service, or access to the
Service. Resale of enterWord.com words is acceptable under the
terms and conditions stated within. Additional fees for transfer
of ownership may apply. 12. GENERAL PRACTICES REGARDING USE AND STORAGE You acknowledge that enterWord.com may establish general practices and
limits concerning use of the Service, including without limitation the
maximum number of days that email messages, message board postings or
other uploaded Content will be retained by the Service, the maximum
number of email messages that may be sent from or received by an account
on the Service, the maximum size of any email message that may be sent
from or received by an account on the Service, the maximum disk space
that will be allotted on enterWord.com's servers on your behalf, and the
maximum number of times (and the maximum duration for which) you may
access the Service in a given period of time. You agree that enterWord.com has
no responsibility or liability for the deletion or failure to store any
messages and other communications or other Content maintained or
transmitted by the Service. You acknowledge that enterWord.com reserves the
right to log off accounts that are inactive for an extended period of
time. You further acknowledge that enterWord.com reserves the right to modify
these general practices and limits from time to time. 13. MODIFICATIONS TO SERVICE enterWord.com reserves the right at any time and from time to time to modify
or discontinue, temporarily or permanently, the Service (or any part
thereof) with or without notice. You agree that enterWord.com shall not be
liable to you or to any third party for any modification, suspension or
discontinuance of the Service. 14. TERMINATION You agree that enterWord.com may, under certain circumstances and without
prior notice, immediately terminate your enterWord.com account, any
associated email address, and access to the Service. Cause for such
termination shall include, but not be limited to, (a) breaches or
violations of the TOS or other incorporated agreements or guidelines,
(b) requests by law enforcement or other government agencies, (c) a
request by you (self-initiated account deletions), (d) discontinuance or
material modification to the Service (or any part thereof), (e)
unexpected technical or security issues or problems, (f) extended
periods of inactivity, (g) engagement by you in fraudulent or illegal
activities, and/or (h) nonpayment of any fees owed by you in connection
with the Services. Termination of your enterWord.com account includes (a)
removal of access to all offerings within the Service, including but not
limited to enterWord.com Mail, Groups, Messenger, Chat, Domains, Personals,
Auctions, Message Boards, Greetings, Alerts and Games, (b) deletion of
your password and all related information, files and content associated
with or inside your account (or any part thereof), and (c) barring of
further use of the Service. Further, you agree that all terminations for
cause shall be made in enterWord.com's sole discretion and that enterWord.com shall
not be liable to you or any third party for any termination of your
account, any associated email address, or access to the Service. 15. DEALINGS WITH ADVERTISERS Your correspondence or business dealings with, or participation in
promotions of, advertisers found on or through the Service, including
payment and delivery of related goods or services, and any other terms,
conditions, warranties or representations associated with such dealings,
are solely between you and such advertiser. You agree that enterWord.com shall
not be responsible or liable for any loss or damage of any sort incurred
as the result of any such dealings or as the result of the presence of
such advertisers on the Service. 16. LINKS The Service may provide, or third parties may provide, links to other
World Wide Web sites or resources. Because enterWord.com has no control over
such sites and resources, you acknowledge and agree that enterWord.com is not
responsible for the availability of such external sites or resources,
and does not endorse and is not responsible or liable for any Content,
advertising, products or other materials on or available from such sites
or resources. You further acknowledge and agree that enterWord.com shall not be
responsible or liable, directly or indirectly, for any damage or loss
caused or alleged to be caused by or in connection with use of or
reliance on any such Content, goods or services available on or through
any such site or resource. 17. enterWord.com'S PROPRIETARY RIGHTS You acknowledge and agree that the Service and any necessary software
used in connection with the Service ("Software") contain proprietary and
confidential information that is protected by applicable intellectual
property and other laws. You further acknowledge and agree that Content
contained in sponsor advertisements or information presented to you
through the Service or by advertisers is protected by copyrights,
trademarks, service marks, patents or other proprietary rights and laws.
Except as expressly authorized by enterWord.com or advertisers, you agree not
to modify, rent, lease, loan, sell, distribute or create derivative
works based on the Service or the Software, in whole or in part. enterWord.com grants you a personal, non-transferable and non-exclusive
right and license to use the object code of its Software on a single
computer; provided that you do not (and do not allow any third party to)
copy, modify, create a derivative work from, reverse engineer, reverse
assemble or otherwise attempt to discover any source code, sell, assign,
sublicense, grant a security interest in or otherwise transfer any right
in the Software. You agree not to modify the Software in any manner or
form, nor to use modified versions of the Software, including (without
limitation) for the purpose of obtaining unauthorized access to the
Service. You agree not to access the Service by any means other than
through the interface that is provided by enterWord.com for use in accessing
the Service. 18. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
19. LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT enterWord.com AND ITS SUBSIDIARIES,
AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL
NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE
LOSSES (EVEN IF enterWord.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE
SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR
OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR
FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON
THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. 20. EXCLUSIONS AND LIMITATIONS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES
OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF
SECTIONS 17 AND 18 MAY NOT APPLY TO YOU. 21. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS If you intend to create or join any service, receive or request any
news, messages, alerts or other information from the Service concerning
companies, stock quotes, investments or securities, please read the
above Sections 18 and 19 again. They go doubly for you. In addition, for
this type of information particularly, the phrase "Let the investor
beware" is apt. The Service is provided for informational purposes only,
and no Content included in the Service is intended for trading or
investing purposes. enterWord.com and its licensors shall not be responsible or
liable for the accuracy, usefulness or availability of any information
transmitted or made available via the Service, and shall not be
responsible or liable for any trading or investment decisions based on
such information. 22. NO THIRD-PARTY BENEFICIARIES You agree that, except as otherwise expressly provided in this TOS,
there shall be no third-party beneficiaries to this agreement. 23. NOTICE enterWord.com may provide you with notices, including those regarding
changes to the TOS, by email, regular mail or postings on the Service. 24. TRADEMARK INFORMATION The enterWord.com, enterWord.com logo, etc. are pending registration
with the USPTO and world trademark institutions.. 25. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR
INTELLECTUAL PROPERTY INFRINGEMENT enterWord.com respects the intellectual property of others, and we ask our
users to do the same. enterWord.com may, in appropriate circumstances and at
its discretion, disable and/or terminate the accounts of users who may
be repeat infringers. If you believe that your work has been copied in a
way that constitutes copyright infringement, or your intellectual
property rights have been otherwise violated, please provide enterWord.com's
Copyright Agent the following information:
enterWord.com's Agent for Notice of claims of copyright or other
intellectual property infringement can be reached as follows: By email: info@enterword.com 26. GENERAL INFORMATION Entire Agreement. The TOS constitutes the entire agreement
between you and enterWord.com and governs your use of the Service, superseding
any prior agreements between you and enterWord.com with respect to the Service.
You also may be subject to additional terms and conditions that may
apply when you use or purchase certain other enterWord.com services, affiliate
services, third-party content or third-party software. Choice of Law and Forum. The TOS and the relationship between
you and enterWord.com shall be governed by the laws of the State of California
without regard to its conflict of law provisions. You and enterWord.com agree
to submit to the personal and exclusive jurisdiction of the courts
located within the county of Santa Clara, California. Waiver and Severability of Terms. The failure of enterWord.com to
exercise or enforce any right or provision of the TOS shall not
constitute a waiver of such right or provision. If any provision of the
TOS is found by a court of competent jurisdiction to be invalid, the
parties nevertheless agree that the court should endeavor to give effect
to the parties' intentions as reflected in the provision, and the other
provisions of the TOS remain in full force and effect. No Right of Survivorship and Non-Transferability. You agree
that your enterWord.com account is non-transferable and any rights to your
enterWord.com ID or contents within your account terminate upon your death.
Upon receipt of a copy of a death certificate, your account may be
terminated and all contents therein permanently deleted. Statute of Limitations. You agree that regardless of any
statute or law to the contrary, any claim or cause of action arising out
of or related to use of the Service or the TOS must be filed within one
(1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no
legal or contractual effect. 27. VIOLATIONS Please report any violations of the TOS to our Customer Care group.
28. PRICING AND AVAILABILITY |
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