YOU MUST BE AT LEAST 13 YEARS OF AGE OR OLDER TO USE THIS SITE, AND IF YOU ARE UNDER THE AGE OF 18, YOU MUST HAVE YOUR PARENT OR LEGAL GUARDIAN'S PERMISSION TO USE THIS SITE AND HAVE THEM READ AND AGREE TO THESE TERMS.
You represent, acknowledge and agree that you are at least 18 years of age or that you are the parent or legal guardian of a user that is over the age of 13, and you represent and warrant that: (a) all registration information that you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Site do not violate any applicable law or regulation. Your account may be terminated without warning if we believe that you are under the age of 18 or under the age of 13 and using the Site without the permission of your parent or legal guardian.
General Use RestrictionsCertain information and features provided on and through this Site, including text, content, advertising, logos, graphics, images (together, the "Materials") are provided to you by DictionarySquared and are the copyrighted and/or trademarked work of DictionarySquared or DictionarySquared's contributors and third party suppliers.
Password Restricted Areas of this SiteYou need a password to login to this Site and to use certain functions and areas within this Site. You are responsible for maintaining the confidentiality of your password, username and account, and you agree to immediately notify DictionarySquared if your password is lost, stolen, or disclosed to an unauthorized third party or otherwise may have been compromised. You are responsible for all activities that occur under your account. You agree to immediately notify DictionarySquared of any unauthorized use of your account or any other breach of security in relation to this Site known to you. You agree that you will not misrepresent yourself or represent your self as another user of the Site.
Fees and Electronic CommunicationsYou acknowledge that DictionarySquared reserves the right to charge for certain services offered on the Site and to change its fees and/or fee structures from time to time in its discretion. You agree to pay all fees charged to your account based on DictionarySquared's fees, charges, and billing terms then in effect. You are responsible for paying any taxes that may apply.
By using the Site, you consent to receiving electronic communications from DictionarySquared and its third party partners and affiliates. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to our Site. These electronic communications are part of your relationship with DictionarySquared and you receive them as part of your subscription to the Site. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Third Party ContentCertain information and content on the Site may be provided by third party licensors to DictionarySquared ("Third Party Content"). The Third Party Content is, in each case, the copyrighted and/or trademarked work of the creator/licensor. Unless you have permission from the owner of the Third Party Content, you agree to only display the Third Party Content on your personal computer solely for your personal use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), edit, alter or enhance any of the Third Party Content in any manner unless you have permission from the owner of the Third Party Content.
Links to Third Party Web SitesThis Site may be linked to other web sites that are not DictionarySquared Sites ("Third Party Web Sites") and certain areas of the Site may allow you to conduct transactions or purchase goods or services from or through such Third Party Web Sites. DictionarySquared is providing these links to you as a convenience, and DictionarySquared does not verify, make any representations or take any responsibility for such linked to Third Party Web Sites, including, without limitation, the truthfulness, accuracy, quality or completeness of the content, links displayed or activities conducted on such Third Party Web Sites. The Third Party Web Sites may have different privacy policies and terms and conditions and business practices than DictionarySquared. Your dealings and communications through the Site with any party other than DictionarySquared are solely between you and such third party. Any complaints, concerns or questions you have relating to materials provided by third parties should be forwarded directly to the applicable third party. YOU AGREE THAT DICTIONARYSQUARED WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, RESOURCES OR CONTENT AVAILABLE THROUGH ANY THIRD PARTY WEB SITES AND/OR THIRD PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT, ADVERTISING OR BUSINESS PRACTICES OF ANY THIRD PARTY. Any reference on the Site to any product, process, publication or service of any third party, by trade name, domain name, trademark, trade identity, service mark, logo, manufacturer or otherwise does not constitute or imply DictionarySquared's endorsement or recommendation.
Personal ResponsibilityYou understand that deciding whether to use any content and/or information on the Site is your personal decision for which alone are responsible. You understand that DictionarySquared does not and cannot make representations as to the suitability of any information or content on the Site.
FeedbackTo the extent you provide DictionarySquared with any suggestions, information, ideas, or feedback concerning the Materials offered on and/or through the Site ("Feedback"), such Feedback will be the sole and exclusive property of DictionarySquared. You agree to assign and hereby assign all right, title and interest worldwide in and to the Feedback, and all related intellectual property rights, to DictionarySquared and agree to assist DictionarySquared in perfecting and enforcing such rights.
Unauthorized ActivitiesUnauthorized use of any Materials or Third Party Content contained on this Site may violate certain laws and regulations. You agree to indemnify and hold DictionarySquared and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees and costs of defense) DictionarySquared or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of this Site or the use of this Site by any person using your user name and/or password violates any applicable local, state, federal or international law, rule or regulation, or the copyrights, trademark rights or other rights of any third party.
Proprietary RightsDictionarySquared is a trademark of DictionarySquared in the United States. Other trademarks, names and logos on this Site are the property of their respective owners.
Unless otherwise specified in these Terms, all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of DictionarySquared, Copyright © 2008 DictionarySquared, Inc. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
Disclaimer of WarrantiesYour use of this Site is at your own risk. Neither the Materials nor the Third Party Content have been verified or authenticated in whole or in part by DictionarySquared, and they may include inaccuracies or typographical or other errors. DictionarySquared does not warrant the accuracy, timeliness, availability or adequacy of any information, facts, views, opinions, statements or recommendations contained on the Site or in the Materials or Third Party Content. DictionarySquared has no liability for any errors or omissions in the Materials and/or the Third Party Content, whether provided by DictionarySquared or our licensors.
DICTIONARYSQUARED, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS SITE, ANY MATERIALS OR THIRD PARTY CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE, INCLUDING, WITHOUT LIMITATION, THE MATERIALS OR THE THIRD PARTY CONTENT. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, MATERIALS, THIRD PARTY CONTENT AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" AND "WHERE-IS" BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. DICTIONARYSQUARED DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.
Limitation of LiabilityDICTIONARYSQUARED SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS OR THIRD PARTY CONTENT FROM THIS SITE. IN NO EVENT SHALL DICTIONARYSQUARED BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF DICTIONARYSQUARED KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.
Local Laws; Export ControlDictionarySquared controls and operates this Site from its headquarters in the United States of America and the Materials and/or Third Party Content may not be appropriate or available for use in other locations. If you use this Site outside the United States of America, you are responsible for following applicable local laws.
Binding ArbitrationAll disputes relating in any way, directly or indirectly, to DictionarySquared for breach of contract, breach of fiduciary duty, negligence, personal injury, intentional torts or other tort will be arbitrated according to the rules of the American Arbitration Association (AAA) in City of Dover, Delaware, including any dispute about the scope of this arbitration agreement, and including all questions about the types of disputes that are subject to this arbitration agreement, all of which you agree will be decided by the arbitrators, whose decision will be final and binding on you. Any issue concerning the extent to which a dispute is subject to arbitration, or concerning the applicability, interpretation or enforceability of this agreement, including any contention that all or part of this agreement is invalid or unenforceable, shall be governed by the Federal Arbitration Act and resolved by the arbitrators. You acknowledge and agree that, in any arbitration proceeding, no depositions will be taken, and all other forms of discovery of facts will be limited to those things that the arbitrators determine, in their sole discretion, to be necessary. Further, in any arbitration proceeding, (i) there shall be no award of punitive, exemplary, incidental or consequential or other special damages, (ii) all damages claims and awards will be governed by the provisions of the Delaware Civil Code, and (iii) the parties will conduct the arbitration confidentially and expeditiously and will pay their own costs and expenses of arbitration, including their own attorneys' fees. If you are unable to afford the AAA fee, you agree to notify all persons against whom you have an arbitrable claim and give such persons the opportunity individually and as a group to pay such fee. The proceeding and the decision shall be kept confidential by the parties. No claim may be brought as a class action, combined or consolidated with any other proceeding, nor may any proceeding be pursued in a representative capacity or on behalf of a class. Neither you nor DictionarySquared has the right to act as a class representative or class representative or participate as a member of a class of claimants with respect to any claim.
GeneralIf you violate these Terms, DictionarySquared may terminate and/or suspend your access to this Site without notice. DictionarySquared prefers to advise you of your inappropriate behavior and to recommend any necessary corrective action. However, certain violations of these Terms, as determined by DictionarySquared, may result in immediate termination of your access to this Site. DictionarySquared has the right to terminate any password-restricted account for any reason. Delaware law and controlling U.S. federal law, without regard to the choice or conflict of laws provisions, will govern these Terms. Any disputes relating to these Terms or this Site will be heard in the state and federal courts located in County of Kent, Delaware. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. DictionarySquared's failure to enforce any of these Terms is not a waiver of such term. The Terms are the entire agreement between you and DictionarySquared and supersede all prior or contemporaneous negotiations, discussions or agreements between you and DictionarySquared about this Site. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.
Information Collection and UseYou can generally visit our Site without revealing any personally identifiable information about yourself. However, in certain sections of this Site, we may invite you to participate in focus groups, surveys and/or questionnaires, contact us with questions or comments or request information, provide us with feedback, participate in chat or message boards, or complete a profile or registration form. Due to the nature of some of these activities, we may collect personally identifiable information such as your name, email address, phone, password and other contact information that you voluntarily transmit with your communication to us. We also may collect information about you and your use of our Site, services and/or software through your use of our Site and/or services.
We may use your personally identifiable information to register you to use our services, contact you to deliver certain services or information you have requested, verify your authority to enter our Site, improve the content and general administration of the Site and our services, provide you with notices regarding goods or services that you have purchased or may wish to purchase in the future, provide you with notices about other users of our Site and/or services that you may wish to contact.
Children's PrivacyDictionarySquared recognizes the privacy interests of children and we encourage parents and guardians to take an active role in their children's online activities and interests. This Site is not intended for children under the age of 13. DictionarySquared does not target its services or this Site to children under 13. DictionarySquared does not knowingly collect personally identifiable information from children under the age of 13.
Aggregate InformationThe Site may track the total number of visitors to our Site, the number of visitors to each page of our Site, browser type, IP addresses, External Web Sites (defined below) linked to, and we may analyze this data for trends and statistics in the aggregate, but such information will be maintained, used and disclosed in aggregate form only and it will not contain personally identifiable information. We may use such aggregate information to analyze trends, administer the Site, track users' movement, and gather broad demographic information for aggregate use. We may also include this and other non-personally identifiable aggregate data that we learn from your Site usage (such as how people learn vocabulary) as part of case studies we may publish in research journals.
SecurityWe may employ procedural and technological measures that are reasonably designed to help protect your personally identifiable information from loss, unauthorized access, disclosure, alteration or destruction. DictionarySquared may use encryption and password protection to help prevent unauthorized access to your personally identifiable information. DictionarySquared may also place internal restrictions on who in the company may access data to help prevent unauthorized access to your personally identifiable information.
Updating and Deleting Personally Identifiable InformationDictionarySquared provides you with the ability to review and update the contact information that you provide to us. If you wish to review and/or update any of the foregoing information, you may access your account and review and update your personally identifiable information or you may contact us at the e-mail at the e-mail address listed below.