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1word Terms of Service

Last revised on 10th December 2019.
These Terms of Use, as amended from time to time, apply to each user of the 1word web application (the "Web Application" or "Web App") and the 1word website at 1word.com (together with the Web Application, the "1word Service") owned and operated by Obtuse Goose Ltd ("we" or "us", "our", "the company").
We offer the 1word Service, including all information, tools and services available from the 1word Service, to you, the user, conditioned upon your acceptance of all the terms, conditions, policies and notices stated here. Your use of the 1word Service constitutes your agreement to these Terms of Use and is subject to these Terms of Use and all applicable laws, rules and regulations. The Terms of Use shall commence on the date you first use or access the Web Application.
We reserve the right to modify, add or delete portions of these Terms of Use. You are responsible for reviewing these Terms of Use often enough to stay abreast of any changes. We will post a notice of any material changes to these Terms of Use on the 1word Service, by sending you a message through Facebook, Twitter, or otherwise. Your use of the 1word Service following any change or amendment to these Terms of Use constitutes your acceptance of such change or update. If you do not agree to abide by these or any future Terms of Use, you are not authorised to use or access (or continue to use or access) the 1word Service. If you pay to use any feature of the 1word Service and we make a change to the Terms of Use that is materially adverse to your interests, you may terminate your subscription by providing written notice of termination within ten business days after we provide notice of such change. For clarity, we will not be obligated to refund any fees that you have paid for any such feature prior to the date of termination and you will still be obligated to pay us any unpaid fees that have been accrued for any such feature prior to the date of termination.

Privacy

We believe strongly in user privacy. Please refer to the 1word Service's Privacy Policy for information on how we collect, use and disclose personal information from users of the 1word Service. Your use of the 1word Service signifies your acknowledgment of, and consent to, the processing of personal data described in the 1word Service's Privacy Policy.

Eligibility

If you are less than 18 years old, or less than 21 years old if you live in a state or country where the age of majority is 21, you are not authorised to register or submit any content or information in connection with the 1word Service without the explicit consent of your parent or legal guardian.

Use of the 1word Service

You may access and use the 1word Service solely in accordance with these Terms of Use. Any other access or use of the 1word Service or the content on the 1word Service (including, without limitation, text, data, reports, design elements, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof) (the "Service Content"), including but not limited to the modification, distribution, transmission, performance, display, broadcast, publication, uploading, licensing, reverse engineering, transfer, sale or resale of, or the creation of derivative works from, any material, information, software, products or services obtained from the 1word Service, or use of the 1word Service for purposes competitive to the Company, is expressly prohibited.
You may not use any hardware or software intended to damage or interfere with the proper working of the 1word Service or to surreptitiously intercept any system, data or personal information from the 1word Service. You agree not to interrupt or attempt to interrupt the operation of the 1word Service in any way.
You or third parties acting on your behalf are not allowed to frame the 1word Service or use our proprietary marks as meta tags, without our written consent. You may not use frames or utilise framing techniques or technology to enclose any Service Content without the Company's express written consent. Further, you may not utilise any Service Content in any meta tags or any other "hidden text" techniques or technologies without the Company's express written consent.
The Company reserves the right, in its sole discretion, to limit or terminate your access to or use of the 1word Service at any time without reason, notice to you or any liability on our part. Neither these Terms of Use nor termination of your access or use of the 1word Service will waive or adversely affect any other right or relief to which the Company may be entitled at law or in equity.

Accuracy, Completeness and Timeliness of Information on the 1word Service

The Company is not responsible for the accuracy, completeness or currency of information made available to you on the 1word Service and you should not rely on any such information being accurate, current or complete. The material provided to you by the 1word Service is provided for general information only. Any reliance on the material on the 1word Service is at your own risk. We reserve the right to modify the 1word Service at any time, but we have no obligation to update any information on the 1word Service.

Materials You Submit

You acknowledge that you are responsible for any material you may post or submit to the 1word Service, including all information and content that is provided by you or other users and to which you then grant the 1word Service access (collectively, "User Content"). Your responsibilities include the legality, reliability, appropriateness, originality and copyright of any User Content. You may not upload to, distribute, grant access to or otherwise publish through the 1word Service any User Content that (i) is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offence, violate the rights of any party or otherwise give rise to liability or violate any law; (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of "spam". You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any User Content. You may not upload commercial content onto the 1word Service.
Unless we indicate otherwise, you grant the Company and its affiliates an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display User Content, throughout the world in any media, subject in each case to the restrictions set forth in the 1word Service's Privacy Policy. You further agree that the Company and its affiliates are free to use any ideas, concepts, know-how that you or individuals acting on your behalf provide to the Company or its affiliates. You represent and warrant that you own or otherwise control all the rights to User Content; that User Content is accurate; that use of User Content does not violate any provision herein and will not cause injury to any person or entity; and that you will indemnify the Company and its affiliates for all claims resulting from User Content.

Additional User Obligations

In connection with your use of the 1word Service, you represent and warrant that you will not, and will not allow any third party to:

Reservation of Intellectual Property rights

You do not acquire any right, title or interest in the 1word Service or any Service Content by virtue of accessing the 1word Service or making use of the permitted uses allowed under these Terms of Use. The Company, or its licensors or content providers, retain full and complete title to the 1word Service and the Service Content, including all associated intellectual property rights. The Company neither warrants nor represents that your use of the 1word Service or the Service Content will not infringe rights of third parties.

Trademarks and Copyrights

Trademarks, logos and service marks displayed on the 1word Service are registered and unregistered trademarks of the Company, its licensors or content providers, or other third parties. All of these trademarks, logos and service marks are the property of their respective owners. Nothing on the 1word Service shall be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any trademark, logo or service mark displayed on the 1word Service without the owner's prior written permission, except as otherwise described herein. The Company reserves all rights not expressly granted in and to the 1word Service and the Service Content. The 1word Service and the Service Content are protected as a compilation under the copyright laws of the United Kingdom and other countries.
The Company is under no obligation to post, forward, transmit, distribute or otherwise provide any material available on the 1word Service, including material you provide to us, and so we have an absolute right to remove any material from the 1word Service in our sole discretion at any time.
Apple and Safari are trademarks of Apple Inc., registered in the U.S. and other countries. Safari Extensions Gallery is a service mark of Apple Inc.
Chrome and Chrome Web Store are trademarks of Google Inc.
Mozilla, Firefox and mozilla.org are registered trademarks of the Mozilla Foundation
Opera is a trademark of Opera Software ASA

DISCLAIMERS

YOUR USE OF THE 1word SERVICE IS AT YOUR SOLE RISK. THE 1word SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE 1word SERVICE OR ANY FEATURE OR PART THEREOF AT ANY TIME. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT THE 1word SERVICE OR THE SERVICE CONTENT IS NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE 1word SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE 1word SERVICE WILL BE SECURE; THAT THE 1word SERVICE OR THE SERVER THAT MAKES THE 1word SERVICE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE 1word SERVICE WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THE 1word SERVICE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH OR FROM THE 1word SERVICE SHALL CREATE ANY WARRANTY OF ANY KIND. THE COMPANY DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE 1word SERVICE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE 1word SERVICE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE 1word SERVICE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORISED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE COMPANY NOR ITS AFFILIATES, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE 1word SERVICE, OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THE 1word SERVICE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR THE DELAY OR INABILITY TO USE THE 1word SERVICE, OR FOR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE 1word SERVICE, THE COMPANY'S REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON THE 1word SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE 1word SERVICE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY, ITS AFFILIATES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORISED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER THE COMPANY NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE 1word SERVICE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH THE COMPANY IS TO DISCONTINUE YOUR USE OF THE 1word SERVICE. YOU AND THE COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE 1word SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, IF WE ARE FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THE 1word SERVICE OR ANY CONTENT CONTAINED THEREIN, OUR LIABILITY SHALL IN NO EVENT EXCEED: (A) IF YOU HAVE BEEN CHARGED FOR YOUR USE OF ANY FEATURE OF THE 1word SERVICE, THE FEES WE EARNED AND RECEIVED FROM YOU FOR YOUR USE OF THE 1word SERVICE IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE INITIAL CLAIM GIVING RISE TO LIABILITY HEREUNDER OR (B) IF YOU HAVE USED THE 1word SERVICE WITHOUT CHARGE, U.S. $5.00.

Indemnification

You agree to indemnify, defend and hold harmless the Company and its affiliates and their officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from your use of the 1word Service and any violation of these Terms of Use, including, without limitation, (i) your violation of any third party right, including without limitation any copyright, intellectual property, or privacy right, (ii) any claims that your use of the 1word Service caused damage to a third party, (iii) violations of any and all applicable laws, rules or regulations from any jurisdiction, and (iv) your encouragement, assistance or enablement of any third party's violation of any of the provisions, laws, rules, regulations, rights or agreements described above. If you cause a technical disruption of the 1word Service or the systems transmitting the 1word Service to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from that disruption. The Company reserves the right, at its own expense, to assume exclusive defence and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with the Company in the defence of such matter.

Jurisdiction and Applicable Law

Your use of the 1word Service, these Terms of Use, and any other agreement we enter with you in connection with your use of the 1word Service will be governed by the laws of the United Kingdom; the U.N. Convention on Contracts for the International Sale of Goods does not apply. For any action arising out of or relating to these Terms of Use, you submit to the exclusive jurisdiction of the United Kingdom; provided, however, that we may institute proceedings against you in any other court in order to enforce our rights through specific performance, injunction or other equitable relief.
We recognise that it is possible for you to obtain access to the 1word Service from any jurisdiction in the world, but we have no practical ability to prevent such access. The 1word Service has been designed to comply with the laws of the United Kingdom. If any material on the 1word Service, or your use of the 1word Service, is contrary to the laws of the place where you are when you access it, the 1word Service is not intended for you, and we ask you not to use the 1word Service. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

Changes to the 1word Service

The Company reserves the right to terminate or modify the 1word Service or to change any Service Content with or without prior notice for any reason. You agree that the Company will not be liable for any discontinuation of or changes to the 1word Service or the Service Content.

Assignment

The Company may assign any of its rights or obligations under these Terms of Use to (a) any subsidiary or affiliate of the Company; (b) any entity that acquires all or substantially all of the assets of the Company; or (c) any entity that acquires all or substantially all of the Company's interest in the 1word Service or the assets related thereto. The Terms of Use (and your account on the 1word Service) are personal to you and may not be transferred or assigned.

Communications

You consent to receive electronic communications from us and agree that email communications to the email address provided to us, notices posted on the 1word Service or messages displayed when you enter the 1word Service satisfy any legal requirement that such communications be in writing.

Links

The 1word Service may contain links to other Web sites, some of which are operated by the Company or its affiliates and others of which are operated by third parties. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We have not necessarily reviewed all the information on such sites and are not responsible for the content of those or any other sites or any products or services that may be offered through those or any other sites. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. Different terms and conditions may apply to your use of any linked sites. The Company is not responsible for any losses, damages or other liabilities incurred as a result of your use of any linked sites.

International Users

The 1word Service is controlled and operated within the United Kingdom. We make no representation that content, materials or products available on or through the 1word Service are appropriate or available for use outside of the United Kingdom. If you access the 1word Service from a location outside the United Kingdom, you are responsible for compliance with applicable laws, including U.K. export laws and regulations. By using this site and submitting any personal information, visitors from outside of the United Kingdom acknowledge that this site is subject to U.K. law, consent to the transfer of personal data to the U.K., and waive any claims that may arise under their own national laws.
Additionally, you agree to comply with all local rules regarding online conduct and acceptable User Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United Kingdom or the country in which you reside.

Entire Agreement and Admissibility

These Terms of Use, any other written agreements in effect between you and us specifically referencing these Terms of Use and any policies or operating rules posted on the 1word Service, including the 1word Service's Privacy Policy, constitute the entire agreement and understanding between you and the Company with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to use of the 1word Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Severability

If any provision of this agreement is unlawful, void or unenforceable, the remaining provisions of the agreement will remain in place.

How to Contact Us

If you have any questions or comments about these Terms of Use or the 1word Service, please contact us here. Questions or comments submitted through other means may not be received or addressed.

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