Terms of Use

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WEBSITE TERMS OF USE

A. OVERVIEW

1. Welcome to the website for The Dictionary Project: dictionaryproject.org (the “Site”). This Site, which is also accessible through the following URLs: thedictionaryproject.org, dictionaryproject.com and/or thedictionaryproject.com, is owned by The Dictionary Project, a non-profit charitable organization (“The Dictionary Project” or “us”). The Dictionary Project created this Site for your education and to facilitate our efforts to improve the reading ability and comprehension of all children. This Terms of Use agreement (the “Agreement”) describes the terms and conditions under which The Dictionary Project permits your use of the Site, and constitutes a legal agreement between you and The Dictionary Project. Use of this Site is also governed by the Site’s Privacy Statement, which is incorporated into this Agreement by reference.

2. By viewing, interacting with, submitting information to, donating money through, purchasing products through or otherwise using this Site, you agree to be bound by this Agreement and any additional terms included within the Site. If you do not wish to be bound by this Agreement or those terms, you must not use this Site.

3. We reserve the right, in our sole discretion, to modify, update, or otherwise change this Agreement at any time. By using this Site after such changes are posted, you agree to be bound by the changes. This Agreement was last modified December 16th, 2010.

B. INTELLECTUAL PROPERTY

1. All content included on or in this Site, such as text, photos, logos, video, graphics, sound, computer code, and the arrangement and selection of such content, is protected by copyrights, trademarks, and/or other intellectual property rights of The Dictionary Project and/or its third party content providers. The THE DICTIONARY PROJECT trademark and logo, as well as the business names, logos, slogans, trade dress and all other marks on this Site are trademarks of The Dictionary Project or its third party content providers.

2. You may use material from this Site only for your own personal, non-commercial use. Neither this Site nor any portion of this Site may be republished, reproduced, duplicated, copied, uploaded, downloaded, posted, transmitted, modified, sold, or otherwise exploited for any purpose that is not expressly permitted by The Dictionary Project or under copyright law. In the event of any permitted copying, redistribution, or publication of copyrighted material, no changes in or deletion of trademarks, author attribution or copyright notices may be made. You acknowledge that you do not acquire any ownership rights by downloading material from this Site.

3. If you believe in good faith that your copyrighted work has been reproduced on this Site without authorization in a way that constitutes copyright infringement, you may notify our designated copyright agent by postal mail or email at the following address: Edward Fenno, Esq., Fenno Law Firm, LLC, 171 Church Street, Suite 160, Charleston, South Carolina 29401, email: efenno [at] fennolaw [dot] com. This contact information is only for suspected copyright infringement. Contact information for other matters is provided elsewhere on this Site.

C. USER SUBMISSIONS

In certain places, this Site may allow users to submit information, images, comments, letters, ideas, videos, emails, or other materials – either directly to the Site (including to us through the Site or by email) or through third party service providers – such as by submitting a request, posting a comment or forum entry, signing up for a user account, ordering books or making a donation. While we generally would like to permit you to provide content and other materials to the Site or to us through the Site, there are certain restrictions on your providing material. They are as follows:

1. License: Unless otherwise noted in our Privacy Statement [ACTIVATE LINK] or explicitly on our Site, by submitting content or other material to us, you grant The Dictionary Project a perpetual, non-exclusive, worldwide, royalty-free, irrevocable, fully and freely assignable and sub-licensable license to any rights you have in the material submitted – including, but not limited to, the rights to use, display, publish, translate, reproduce, distribute, modify, prepare derivative works based upon, and perform publicly your material (or any part thereof) online and offline in any form, media or technology now known or hereafter devised. You further agree that The Dictionary Project has the right to use your name and likeness in connection with The Dictionary Project’s publication, display, modification, distribution or other use of such material. The Dictionary Project is free to use any ideas, techniques, inventions, concepts, know-how, or other information that you provide to The Dictionary Project (whether directly or through its third party service providers) for any lawful purpose whatsoever without compensation or remuneration.

2. Standards: You agree not to submit any content or other material that: (a) infringes on any third party privacy, intellectual property, publicity, moral (droit moral) or other legal rights; (b) violates any applicable law or regulation; (c) is defamatory, threatening, harassing, obscene, harmful to minors, or child pornographic; (d) is false or misleading; (e) promotes physical or emotional harm in any way; (f) contains any viruses, Trojan horses, worms or other harmful components (including, but not limited to, computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information); (g) is commercial in nature, other than as specifically solicited by this Site; (h) constitutes unsolicited junk or bulk email (“spam”); or (i) is tortious or criminal.

3. Warranty / Indemnity: You warrant and guarantee that you own all intellectual property, proprietary, privacy, publicity, moral (droit moral) and other rights to any content or other material that you submit. You further agree to defend, indemnify, and hold us harmless against: (a) any and all claims to the rights to material that you provide to us and (b) any and all claims that someone’s rights were violated by our display or other lawful use of the material that you provide to us.

4. Monitoring of Content / Removal: You agree that The Dictionary Project has no responsibility to monitor, review, edit, remove or control any content or other material that you or others submit to us and/or the Site. You further agree that The Dictionary Project may, in its sole discretion, modify, remove or refuse to accept any material for any reason. We may also decline to modify or remove material that you submitted or that you find objectionable, despite your request. In addition, please be aware that we may not be able to modify or remove certain material, including without limitation material that has been distributed to or relied on by third parties.

5. Release: You agree that you are at least 18 years of age. You agree to release The Dictionary Project (including, without limitation, the officers, directors, employees, shareholders, members, affiliates (including, but not limited, to The Dictionary Project, Inc.), successors, assigns, contractors, agents and attorneys of The Dictionary Project) from any and all liability and obligations whatsoever in connection with or arising from The Dictionary Project’s lawful use or non-use of material submitted by you or any third party.

6. Privacy: Other than as set forth in this Site’s Privacy Statement [ACTIVATE HYPERLINK] or as explicitly stated on the Site, The Dictionary Project may treat any submission and/or online communication between you and The Dictionary Project as non-confidential and non-proprietary.

7. No Endorsement / Recommendation: The Dictionary Project does not endorse, recommend, or take any responsibility for any material submitted to this Site by any user, service provider, vendor, or other third party, even if The Dictionary Project displays such material.

D. DISCLAIMER WITH RESPECT TO CONTRACTORS AND OTHER THIRD PARTIES

The Dictionary Project specifically disclaims all responsibility for the actions or inactions of contractors, subcontractors, website developers and hosts, licensors, licensees, advertisers and other third parties that may contract with The Dictionary Project or its affiliates (including, but not limited to, The Dictionary Project, Inc.) or may otherwise provide products or services to The Dictionary Project or this Site, even if such third parties provide material published on or linked to this Site – including without limitation, any features of this Site that are powered or provided by third parties (including, but not limited to, Network for Good and Guidestar). You agree that your sole course of action with respect to such third parties will be against them directly. You further agree that you will abide by the terms of use and privacy statements, if any, that they have provided for their websites or sections of this Site, but that in the event of a conflict between their terms of use and this Agreement, this Agreement applies.

E. DISCLAIMER WITH RESPECT TO OTHER INTERNET SITES

The Dictionary Project has not reviewed all of the websites, or content of sites, that may be accessed from or linked to this Site. The Dictionary Project is not responsible for the content of any web pages, images, information, or data which are not contained on this Site; nor is The Dictionary Project responsible for the actions of proprietors or users of websites linked from this Site. Viewing of or interaction with any and all other websites shall be at your own risk.

F. PROHIBITION ON USE / ENFORCEMENT OF TERMS

The Dictionary Project may at any time, for any reason, prohibit your further use in whole or in part of this Site. We may also take any action that we deem necessary to enforce this Agreement, and to protect against unlawful or improper use of this Site. You hereby expressly agree to waive any and all claims you may have (whether currently in existence and/or arising hereafter) against The Dictionary Project for any failure by us to enforce this Agreement, whether against you or a third party. The Dictionary Project’s failure to act in a particular circumstance does not waive its right to act with respect to that circumstance or other circumstances.

G. ACCESS LIMITS

Without The Dictionary Project’s express consent, you may not frame any pages from the Site, place pop-up windows over pages of the Site, or otherwise affect the display of the Site’s pages. Moreover, under no circumstances may you: (i) derive or attempt to derive the source or object code, source files or structure of this Site or its content by reverse engineering, disassembly, decompilation or any other means; (ii) attempt to access the information of other users, or attempt to penetrate security measures of the systems of The Dictionary Project or its affiliates or contractors ("hacking"), whether or not the intrusion results in corruption or loss of data; or (iii) transmit to The Dictionary Project by means of this Site any unauthorized or unsolicited advertising, junk or bulk e-mail, or any other form of unauthorized or unsolicited transmission. The Dictionary Project grants you permission to link to this Site (without framing it), but may revoke this permission at any time for any reason.

H. YOUR ACCOUNT

In order to obtain certain products or services through this Site, you may be required to set up an account. In such a case, you will be required to provide certain information about yourself when setting up the account. You may not provide inaccurate or incomplete information. You are responsible for any use of your account or this Site by anyone using your account password, email address, or any personal identifier. Thus, if for any reason you suspect that your account password or any identifying information has been compromised, you should contact The Dictionary Project at once.

I. PARENTAL CONTROL PROVISIONS

Pursuant to 47 U.S.C. § 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at Get Net Wise, www.getnetwise.org, and Safety.com, www.safety.com.

J. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

1. YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. THIS SITE AND THE PRODUCTS AND SERVICES AVAILABLE THROUGH THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE DICTIONARY PROJECT (including, for purposes of this “Disclaimer of Warranties and Limitation of Liability” section of the Agreement, The Dictionary Project and its officers, directors, employees, shareholders, members, agents, affiliated entities (including, but not limited to, The Dictionary Project, Inc.), successors, assigns, third party contractors, attorneys, and any other party involved in creating, producing or delivering this Site or any of the content, products or services available on or through this Site) HEREBY DISCLAIMS ALL EXPRESS AND/OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

2. WITHOUT LIMITING THE FOREGOING, THE DICTIONARY PROJECT MAKES NO AND DISCLAIMS ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (i) AS TO THE OPERATION OF THIS SITE, AND/OR THE INFORMATION, CONTENT, SERVICES OR PRODUCTS INCLUDED ON OR AVAILABLE THROUGH THE SITE; (ii) THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (iii) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE OR PRODUCTS PROVIDED ON OR THROUGH THIS SITE; (iv) THAT THE CONTENT OF THIS SITE DOES NOT INFRINGE ON THE RIGHTS OF YOU OR THIRD PARTIES; AND/OR (v) THAT THE SITE, ITS SERVERS, OR E-MAIL SENT FROM OR ON BEHALF OF THE DICTIONARY PROJECT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

3. THE DICTIONARY PROJECT DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THIS WEBSITE OR ANY RELATED SERVICES. THE OPERATION OF THIS SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF THE DICTIONARY PROJECT.

4. UNDER NO CIRCUMSTANCES SHALL THE DICTIONARY PROJECT BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (OTHER THAN DIRECT DAMAGES) THAT RESULT FROM THE CONTENT OF, USE OF, OR INABILITY TO USE, THIS SITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THIS SITE AND/OR DAMAGES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THE DICTIONARY PROJECT’S RECORDS, PROGRAMS, OR SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), INFRINGEMENT, OR ANY OTHER BASIS – EVEN IF THE DICTIONARY PROJECT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY. WITH RESPECT TO DIRECT DAMAGES, YOUR REMEDY IS LIMITED TO (i) THE AMOUNT THAT YOU DONATED TO OR THROUGH THIS SITE, OR IF THERE WAS NO DONATION, THEN A MAXIMUM OF ONE HUNDRED DOLLARS ($100); AND (ii) DISCONTINUANCE OF USE OF THIS SITE. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, PRODUCTS, AND/OR SERVICES AVAILABLE ON OR THROUGH THIS SITE.

5. THESE DISCLAIMERS AND LIMITATIONS APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

K. INDEMNIFICATION

You agree to defend, indemnify, release and hold harmless The Dictionary Project (including, but not limited to, its officers, directors, members, shareholders, employees, licensors, agents, licensees, contractors, attorneys, subsidiaries, affiliates (including, but not limited to, The Dictionary Project, Inc.) and third party contractors) from all liabilities, claims and expenses, including attorney’s fees and costs, that arise from, concern, or are connected with your use or misuse of this website or its content. The Dictionary Project reserves the right to assume the defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with The Dictionary Project in asserting any available defenses and will pay all of The Dictionary Project’s attorneys’ fees and costs in such defense.

L. SEVERABILITY

The provisions of this Agreement are intended to be severable. If for any reason any provision of this Agreement shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.

M. GOVERNING LAW AND JURISDICTION

You agree that the laws of the State of South Carolina will govern this Agreement and your use of this Site. The state and federal courts of Charleston, South Carolina, shall have exclusive jurisdiction over any litigation that may arise out of, or be related to, this Agreement and/or your use of the Site. You agree to waive any objection based on forum non conveniens or any objection to venue in Charleston, South Carolina, of any such action.

N. INTERNATIONAL USE

The Dictionary Project makes no representation that this Site (including the content, services or products provided on or through it) is appropriate for or available to locations outside the United States of America, and using this Site from territories where it is illegal to do so is prohibited. Any offer for a product or service through this Site is void where prohibited. Use of this Site is done at your own risk, and you are responsible for compliance with all local laws.

O. ASSIGNMENT

You agree that this Agreement and all rights and licenses provided to The Dictionary Project under this Agreement are fully and freely assignable and sub-licensable by the The Dictionary Project without further compensation to you.

P. INTEGRATION AND MODIFICATION

Except as otherwise specified herein, this Agreement constitutes the entire agreement between you and The Dictionary Project with respect to this Site, and supersedes all prior or contemporaneous communications or proposals between you and The Dictionary Project with respect to this Site. You may not modify this Agreement other than by obtaining The Dictionary Project’s signed, written consent to such a modification.

Q. NOTICE / CONTACT

1. The Dictionary Project can be contacted at the following address:

The Dictionary Project
P.O. Box 1845
Charleston, SC 29402
(843) 388-8375 or (843) 856-2706
wordpower [at] dictionaryproject [dot] com

2. Legal notices shall be sent to “Legal Department” at the above address. Notice will be considered given upon receipt.

3. The Dictionary Project is entitled to assume that any address information that you provide to us is correct, and The Dictionary Project may contact you at such address. Notice to you will be considered given when sent.