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Wordeo Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WORDEO SERVICE

1. Our agreement

Wordeo Limited ("Wordeo", "we" or "us") is a company registered in England and Wales whose registered office is at 74 Rivington Street, London, EC2A 3AY, England and whose registered number is 08260710.

By accessing or using the Wordeo website, the Wordeo service or any Wordeo applications (including the mobile application (the "App")) made available by Wordeo (together, the "Service"), you confirm that you accept these terms of use ("Terms of Use") and that you agree to be bound by them. If you do not agree to these Terms of Use, you must not use the Service. The Service is owned, operated and controlled by Wordeo.

These Terms of Use (together with our Privacy & Cookie Policy) set out the terms on which you may make use of the Service and set out in detail your rights and responsibilities to us and our rights and responsibilities to you during your use of the Service.

Please read these Terms of Use carefully before you start to use the Service as they will apply to your use of the Service. We recommend that, wherever possible, you print or save a copy of them for future reference.

2. Use of the Service and registration

You must be at least 17 years old to use the Service.

You will need to register an account with us in order to use certain parts of the Service. Your access to those parts of the Service is permitted on the basis that:

You must use your real name as your name on the Service unless you have our prior written consent to use another name. If you have such consent, you must only use the name for which you have obtained our prior written consent.

Except for people or businesses that Wordeo has authorised in writing to register accounts on behalf of their employers or clients, Wordeo prohibits the registration of, and you agree that you will not register, an account for anyone other than yourself.

You agree that you will not solicit, procure, collect or make use of the login credentials of any other Wordeo user or users.

You are responsible for maintaining the security of your account and the secrecy of your password and agree not to disclose it to any third party. If you know or suspect that anyone other than you knows or has obtained your password and/or has accessed your account, you must immediately notify us at wordeo.com/contact and change your password.

You are responsible for the acts or omissions of any third parties who use your password to access your account, whether fraudulent or not, and you agree to reimburse us on demand for any loss we may suffer as a result of such use.

You can delete your account from the ‘Settings’ menu within the App at any time.

3. Your privacy and cookies

We use cookies and similar technologies to provide the Service. By using the Service, you agree to the terms of our Privacy & Cookie Policy, which forms part of these Terms of Use and our agreement with you. Please click here for more information: wordeo.com/privacy.

4. Your behaviour towards other users

You alone are responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, lications, links and other content or materials (collectively, "Personal Content") that you submit, post or display on or through the Service.

You must not defame, harass, stalk, bully, abuse, threaten, impersonate or intimidate people, businesses or other entities and you must not submit, post or display private, personal or confidential information via the Service, including, without limitation, your or any other person’s date of birth, credit card information, national insurance or social security number, other national identity number, non-public phone numbers, non-public addresses or non-public email addresses.

You must not access without authority, interfere with or disrupt (or attempt to do any of the same) the account of any other user of the Service or attempt to restrict any other user of the Service from using or enjoying the Service and you must not encourage or facilitate the breach of these Terms of Use by others.

You must not use the Service for the purpose of harming or attempting to harm minors in any way.

You must not create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (commonly known as "spam") to the Service or to any other users of the Service.

5. Your behaviour towards Wordeo

You must not access without authority, penetrate, interfere with, damage or disrupt (or attempt to do any of the same) any part of the Service or its security measures, any servers, other equipment or networks connected to the Service or on which it is stored or any software used in the provision of the Service, including in each case by transmitting any worms, computer viruses, malware, logic bombs, Trojan horses, spyware, harmful components or any other software, code or data of a corrupt, destructive, malicious or disruptive nature (together "Viruses").

You may not inject content or code or otherwise alter or interfere with the way any page of the Service is rendered or displayed in a user’s browser or device.

You must not access the Service or any Wordeo Content (as defined in paragraph 8.1 below) via a means not authorised by Wordeo, including, but not limited to, automated devices, scripts, bots, spiders, crawlers or scrapers (except for standard search engine technologies which are used by a search engine with Wordeo’s express written consent).

You agree not to use the Service for any illegal or unauthorised purpose or in any way that is fraudulent or has any fraudulent purpose or effect. You agree to comply with all laws, rules and regulations applicable to your use of the Service and your Personal Content, including, but not limited to, copyright and other intellectual property laws. To the extent that your use of the Service is not legal in your jurisdiction, you may not use the Service.

You must not change, modify, adapt or alter the Service or change, modify, adapt or alter another website so as to inaccurately imply an association with the Service or with Wordeo.

Wordeo does not accept unsolicited content, information, ideas, suggestions or other materials except where Wordeo has set out specific criteria and conditions for submitting them and you agree not to submit them except in accordance with those criteria and conditions.

Where you submit unsolicited content, information, ideas, suggestions or other materials submitted in breach of paragraph 5.6 above, you agree that we may use such content, information, ideas, suggestions or other materials for any purpose whatsoever, including, without limitation, developing and marketing products and services without any liability or payment or recognition of any kind to you.

6. Storing Personal Content

Any Personal Content created by you and uploaded to the Service may be removed permanently from the Service at any time and may not be available for you to use in the future. Wordeo may not (and is not obliged to) keep copies of your Personal Content. You should not use the Service to store your Personal Content.

You acknowledge that:

If you would like to remove your Personal Content at any time from your wordeos or your Account, you should delete the wordeo(s) containing that Personal Content or, alternatively, delete your account from the ‘Settings’ menu within the App. However, please note that, even if you delete a wordeo or your account, such Personal Content may continue to be held on our servers.

7. Rights to your Personal Content

Wordeo does not claim ownership of any Personal Content that you submit, post or display on or through the Service. However, by submitting, posting or displaying any Personal Content on or through the Service, you automatically grant to Wordeo (and to the other users of the Service) a non-exclusive, irrevocable, perpetual, royalty-free, transferable, sub-licensable, worldwide license to use, copy, publicly perform, publicly display and distribute and disclose to third parties such Personal Content in connection with the Service and to prepare derivative works of such Personal Content or incorporate it into other works. You further waive any moral rights you may have in relation to such Personal Content.

You represent and warrant to Wordeo that:

You can choose how you share your Personal Content and activities, including your wordeos, using the ‘Settings’ menu within the App.

We may disclose your identity to any third party who is reasonably claiming that any Personal Content submitted, posted or displayed by you on or through the Service constitutes a violation of their intellectual property rights or of their right to privacy.

We will not be responsible, or liable to any third party, for the content or accuracy of any Personal Content submitted, posted or displayed by you, or any other user of the Service, on or through the Service.

8. Rights to Wordeo Content

The Service and all information, images, photographs, videos and other content displayed on the Service (other than any Personal Content) (" Wordeo Content") are protected by certain rights. These rights include patents, rights to inventions, copyright, database rights, performer’s property rights, moral rights, trade marks and service marks, business names and domain names, goodwill and the right to sue for passing off or unfair competition, rights in designs and all other intellectual property and proprietary rights, in each case whether registered or unregistered and including applications for the grant of the foregoing and all rights or forms of protection having equivalent or similar effect to any of the foregoing which may subsist anywhere in the world ("Rights"). These Rights either belong directly to Wordeo or are licensed to us by their respective owners or licensors.

We expressly reserve all Rights in and to the Service and the Wordeo Content and your use of the Service and the Wordeo Content is subject to the following restrictions. You must not:

Any use of the Service or the Wordeo Content in breach of these Terms of Use may constitute an infringement of our Rights and/or the Rights of our licensors and you may be held responsible for any loss or damage we suffer as a result of such a breach.

We and our licensors reserve the right to exercise all rights and remedies available in respect of any infringement of Rights in the Service or the Wordeo Content accessible on it.

9. Acceptable Personal Content

Your Personal Content will not be actively moderated by us.

We may, however, remove, edit, block and/or monitor Personal Content or accounts containing Personal Content (and remove the same) upon the reasonable request of a third party or if we determine, in our sole discretion, that they do not comply with these Terms of Use or any applicable law or may cause harm to Wordeo or any third party.

Your Personal Content must not breach or infringe any third party Rights. For example, Personal Content must not include video footage:

You must have the express consent of any individual featured in your Personal Content to use their image and/or voice in accordance with the permissions you grant us in these Terms of Use. If you do not have their consent, you must not submit, post or display the Personal Content featuring that individual on or through the Service.

Personal Content must not:

10. Reporting Personal Content

We provide users of the Service with the ability to report any content that violates these Terms of Use (including violations of other people’s Rights). Any such violation should be reported to us by visiting wordeo.com/contact. In the event of any such violation, you should use the feature on the Service to report such violation so that we may investigate.

If a user reports your Personal Content as being in violation of these Terms of Use, we will try to investigate the report promptly. Whilst we are investigating the report, we reserve the right to remove the Personal Content and any related materials from the Service immediately and without notice to you.

If you repeatedly violate these Terms of Use, we may disable your account and terminate your access to the Service.

If you are an individual located in the United States of America and you believe that any materials on the Service are infringing a copyrighted work, you should provide us with written notice (a "DMCA Notice") that, as a minimum, contains:

All DMCA Notices should be sent to our designated agent as follows:

Wordeo
Attn: The Copyright Officer
Wordeo Limited
74 Rivington Street,
London, EC2A 3AY
UNITED KINGDOM

Email: wordeo.com/contact

11. Your use of the App

Wordeo hereby grants you a non-exclusive, non-transferable, revocable licence to use the App (the "User Licence"). All other rights in the App are reserved by Wordeo and its licensors.

If you breach these Terms of Use, Wordeo will be entitled to terminate the User License immediately and terminate your access to the Service.

Your use of the App remains at all times subject to the terms and conditions and privacy policies of the relevant app store from which you downloaded it, being one of:

You acknowledge that some of the Service may be supported by advertising or sponsorship revenue and that the Service may feature advertisements, sponsorship credits and/or promotions. The manner, mode and extent of any advertising or sponsorship on the Service may be subject to change without notice to you.

You acknowledge and agree that we may not always identify paid services, sponsored content or commercial communications as being such, except to the extent required by law.

12. In-App purchases

If you purchase goods or services from within the App, then those purchases will be subject to the terms of purchase offered by the relevant App Store.

In particular, your contract for those purchases is with the relevant App Store and not with Wordeo. If you have any questions about those purchases, please contact the relevant App Store via the relevant link set out below:

13. Availability of the Service

We do not guarantee the availability of the Service and we reserve the right to vary, suspend, withdraw or discontinue the Service, or your access to it, at any time without notice to you. We will not be liable to you if, for any reason, the Service is unavailable at any time or for any period.

We may, from time to time, need or decide to perform maintenance, upgrades or emergency repairs, which may affect the availability of the Service.

You are responsible for making all arrangements necessary for you to have access to the Service. You are also responsible for ensuring that all persons who access the Service through your Account are aware of these Terms of Use and any other applicable terms and conditions and comply with them.

If we terminate your access to the Service for any reason or if you delete your Wordeo account, your Personal Content (including, without limitation, your videos, likes, friendships, profile information and all other relevant data) will no longer be accessible through your account (which means that users will no longer be able to search for you to view your wordeos), but may continue to be held on our servers.

Upon termination of your access to the Service or if you delete your Wordeo account, all licenses and other rights granted to you in these Terms of Use will immediately cease.

We reserve the right, in our sole discretion, to change these Terms of Use from time to time ("Amended Terms"). Unless we make a change for legal or administrative reasons, we will provide reasonable advance notice before the Amended Terms take effect. You agree that we may notify you of the Amended Terms by posting them on the Service. Your use of the Service after the effective date of the Amended Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Amended Terms and the Amended Terms will apply to your use of the Service from that point forwards. These Terms of Use will continue to govern any disputes arising before the effective date of the Amended Terms.

We reserve the right to terminate your access to the Service or force the closure or forfeiture of your account or login credentials for any reason at any time (including where you have failed to comply with these Terms of Use).

14. Third party packages and services

Your browsing and interaction on any other website or your use of other services, including websites and services which have a link to the Service, is subject to the rules and policies of the relevant website or service. Please read the rules and policies applicable to that website or service before proceeding.

The Service, or communications from it or comments within it, may include links to third-party websites, applications or features (" Third Party Services"). These links are provided for your information only.

Wordeo does not control, maintain or endorse Third Party Services and you acknowledge and agree that your use of them is at your own risk. We assume no responsibility for the content of Third Party Services and we will not be liable for any loss or damage that may arise from your use of them (or such content).

15. Web data: charges and security

You agree that you are responsible for any and all data charges you incur from mobile service providers, internet service providers or other data providers in using the Service.

We cannot guarantee that the Service will always be free from Viruses. You are responsible for configuring your information technology (including your mobile telephone) in order to access the Service and for the security of your internet connection. You should use your own virus protection software.

16. Trade marks

We reserve all Rights in the name "Wordeo", the wordeo.com domain name and all related domains and sub-domains, our logo, the trade mark "Bring life to words" and our service marks, brand names, trading names and/or trade marks appearing anywhere on the Service.

Other trade marks, products and company or brand names mentioned on the Service may be the trade marks of their respective owners or licensors and all Rights in such trade marks are reserved to their respective owners or licensors.

Nothing in these Terms of Use should be construed as granting any licence or right to use any of the trade marks or domain names referred to in paragraphs 16.1 and 16.2 above.

17. Our liability to you

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Service or to any content on it, whether express or implied.

Subject to the remaining provisions of this paragraph 17, we will only be liable to you for any loss or damage (whether in contract, tort (including negligence), breach of statutory duty or otherwise) arising under, or in connection with, your use of, or inability to use, the Service if such loss or damage is a foreseeable result of our breach of these Terms of Use or our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach of these Terms or our negligence or if it was reasonably contemplated by you and us at the time of the agreement between us coming into effect as a possible result of our breach of these Terms or our negligence.

If you are a business, please note that we will not be liable for: (i) loss of profits, sales, business or revenue; (ii) business interruption; (iii) loss of anticipated savings; (iv) loss of business opportunity, goodwill or reputation; or (v) any indirect, special or consequential loss or damage of any kind.

If you are a consumer, you may only use the Service for domestic and private use. You agree not to use the Service for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.

We will not be liable for any loss or damage caused by Viruses that may infect your information technology (including your mobile telephone), data or other proprietary material due to your use of the Service or your downloading of any content on it, or on any website linked to it.

Wordeo is not liable for any Personal Content submitted, posted or displayed by other users and which is made available through the Service. In the event that you believe such Personal Content infringes any Rights, or is illegal, you should use the feature on the Service to report such Personal Content so that we may investigate.

We do not exclude our liability (if any) to you for:

18. Your liability to us

You acknowledge that any use by you of the Wordeo Content or the Service in a manner not expressly permitted by these Terms of Use may mean that you are infringing our Rights and/or the Rights of our third party licensors and we and our licensors reserve all rights and remedies against you in respect of any such infringement.

You agree to reimburse Wordeo, its group companies, its clients, associates and affiliates on demand for any loss, cost, damage, expense or liability, including reasonable administrative and legal costs, which they may suffer as a result of:

19. Termination and suspension

We will determine, in our discretion, whether there has been a breach of these Terms of Use through your use of the Service. When such a breach has occurred, we may take such action as we deem appropriate, including all or any of the following actions:

The responses described above are not limited and we may take any other action we reasonably deem appropriate.

20. Linking to our website

You may link to any page of our Website, provided that you do so in a way that is legal and that does not damage or take advantage of our reputation nor seeks to do so.

You must not suggest any form of association, approval or endorsement on our part where none exists.

You must not remove, obscure or modify any advertisements, copyright notice or other information on our Website. Our Website must not be framed on any other website.

The website in which you are linking must comply in all respects with the content standards set out in these Terms of Use and we reserve the right to withdraw linking permission without notice.

21. General provisions & applicable law

You may not assign, sub-license or otherwise transfer any of your rights and/or obligations under these Terms of Use to any third party. You acknowledge that we may assign, sub-license or otherwise transfer any of our rights and/or obligations under these Terms of Use to any third party at any time.

We will have no liability to you for any failure or delay in performing any of our obligations under these Terms of Use to the extent that such failure or delay is caused or contributed to by you or by an event or circumstance beyond our reasonable control.

These Terms of Use (together with our Privacy & Cookie Policy) contain the entire agreement and understanding of the parties relating to the subject matter of the agreement between us and supersede all prior agreements, understandings or arrangements (both oral and written) relating to the same.

If any provision of these Terms of Use is found to be invalid for any reason, the invalidity of that provision will not affect the remaining provisions of these Terms of Use, which will remain in full force and effect.

Failure by either you or us to exercise any right or remedy under these Terms of Use does not constitute a waiver of that right or remedy.

These Terms of Use are governed by English law. If you are a consumer, the courts of England and Wales will, subject to paragraph 21.7, have non-exclusive jurisdiction over any claim arising from, or related to, these Terms of Use (unless you are a resident of Northern Ireland, in which case you may bring proceedings in Northern Ireland, or you are a resident of Scotland, in which case you may bring proceedings in Scotland). If you are a business, we both agree to the exclusive jurisdiction of the courts of England and Wales.

Nothing in paragraph 21.6 will limit our right to take proceedings against you in any other court of competent jurisdiction, nor will the taking of proceedings in any one or more jurisdiction preclude us from taking proceedings in any other jurisdiction, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.

22. Enquiries & complaints

If you have an enquiry or complaint about the Service, or simply wish to get in touch, you should contact our customer services team via our website at wordeo.com/contact or by writing to us at Wordeo Limited, 74 Rivington Street, London, EC2A 3AY.

Thank you for using the Service.

Copyright © 2013 Wordeo Ltd. All rights reserved.

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