Terms of Service

The following terms and conditions (the “Terms of Service“) govern the use of the Whurds.com website, including all subpages and successor pages (collectively referred to as the “Website”). By accessing or using any part of the Website, you agree to be bound by the Terms of Service. If you do not agree to all of the Terms of Service, then you should not access the Website or use any of its services.

Throughout these Terms of Service, the term “you” applies to both individuals and entities that access or use the content and products on Whurds.com (such content and products, the “Services“). If you are an individual using the Services on behalf of an entity, you represent and warrant that you have the authority to bind that entity to these Terms of Service and that by using the Services, you are accepting the Terms of Service on behalf of that entity.

The Services are offered subject to your acceptance, without modification, of all of the Terms of Service and all other operating rules, policies (including, without limitation, Whurds.com’s Privacy Policy), and procedures that may be published from time to time by Whurds.com. You agree that Whurds.com may automatically upgrade the Services, and the Terms of Service will apply to any upgrades.

Age Requirements: The Services are not directed to children. Access to and use of the Services is only for those over the age of 13 (or 16 in the European Union). If you are younger than this, you may not register for or use the Services. Any person who registers as a user or provides their personal information to the Services represents that they are 13 years of age or older (or 16 years or older in the European Union).

Content on Whurds.com: Whurds.com has not reviewed, and cannot review, all of the content (such as, but not limited to, text, photo, video, audio, code, computer software, items for sale, or other materials) posted to the Website by users or anyone else (the “Content”) and Whurds.com is not responsible for any use or effects of such Content. If you post any Content to the Website, you are entirely responsible for any harm caused by the Content and you agree to indemnify and hold harmless Whurds.com and its agents for any harm caused by the Content. By posting Content on the Website, you represent and warrant that that the Content does not infringe any proprietary rights, including but not limited to copyright, patent, trademark or trade secret rights, of any third party. You further represent and warrant that any Content posted to the Website does not contain and will not install any viruses, worms, malware, Trojan horses or other harmful or destructive content on the Website or any electronic devices that access or make use of the Website. You represent and warrant that the posting of the Content and the Content itself does not violate any law and that the Content is not pornographic, hateful, threatening, discriminatory or inciting of violence.

Granting of Proprietary Right: By submitting Content to Whurds.com, you grant Whurds.com a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content as it sees fit, at its sole discretion.

Deleting Content: You may request that Whurds.com delete any Content that you shared with the Website. Whurds.com will use reasonable efforts to remove said Content from the Website; however, Whurds.com has the right to refuse requests to delete Content at its sole discretion. Further, Whurds.com cannot guarantee that any Content can be deleted from the Website, and Whurds.com has no control over third parties that have duplicated or copied Content onto systems beyond the control of Whurds.com. You may be responsible for any costs associated with deleting Content.

Removal or Rejection of Content: Whurds.com has the right to refuse or remove, at its sole discretion, any Content shared with or posted on the Website. Content may be removed or refused if, for example, Whurds.com is of the opinion that the Content violates these Terms of Service or is hateful, harmful, patently false, defamatory, or discriminatory. Whurds.com may also ban, block, or deny your access to the Website for any reason.

Your Representations: You represent that your use of the Website will be in strict accordance with these Terms of Service. You represent that you will comply with all applicable laws and regulations (including, without limitation, all applicable laws regarding online conduct and acceptable content, privacy, data protection, notification and consumer protection, unfair competition, and false advertising). You represent that you will not use the Website for any unlawful purposes, to publish illegal content, or in furtherance of illegal activities. You represent that you will not infringe or misappropriate the intellectual property rights of any third party. You represent that you will not overburden Whurds.com’s systems or the systems of its third party service providers, as determined by Whurds.com in its sole discretion. You represent that you will not disclose the sensitive personal information of other individuals. You represent that you will not be use the Services to send spam or bulk unsolicited messages. You represent that you will not interfere with, disrupt, or attack any service or network. You represent that you will not use Whurds.com or its Services to create, distribute, or enable material that is, or that facilitates or operates in conjunction with, malware, spyware, adware, or other malicious programs or code.

Reliance on the Website: Whurds.com has not reviewed all of the information contained in the Website, and Whuds.com does not represent or warrant that any of the information on the Website is truthful, accurate, or correct. The Website may contain information that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. You should not rely on any information on the Website. Whurds.com does not represent or imply that it endorses any information on the Website, or that it believes such information to be true, useful or harmless. You are responsible for taking precautions as necessary to protect yourself from any potential harm that could arise from your use of the Website, including but not limited to the installation of malicious computer code on your computer system.

Content Posted on Other Websites. The existence of a link to or from the Website does not represent or imply that Whurds.com endorses such website. Whurds.com has not reviewed, and cannot review, all of the material made available through the websites to which Whurds.com links. By linking to a third party website or webpage, Whurds.com does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from harm that may arise by visiting third party websites and webpages.

Copyright Infringement: Whurds.com respects the intellectual property rights of all creators and artists. If you believe that material located or used by Whurds.com violates your copyright, then you are encouraged to notify Whurds.com of such alleged violation. Users of Whurds.com represent that any Content that they post or share with the Website does not violate copyright law.

Retention of Proprietary Rights: Whurds.com retains all of its rights, titles and interests associated with the Website. These Terms of Service do not transfer any rights, titles or interests to you or any other third party. The Whurds.com logo, if any, and all other trademarks, service marks, graphics and logos associated with the Whurds.com brand are trademarks, registered trademarks and/or the intellectual property of Whurds.com. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of third parties.

Advertisements: Whurds.com reserves the right to display advertisements on the Website.

Changes to the Terms of Service: Whurds.com reserves the right, at its sole discretion, to modify or replace any part of these Terms of Service. It is your responsibility to check these Terms of Service for any changes. Your continued use of or access to the Website following the posting of any changes to these Terms of Service constitute acceptance of any and all changes.

Termination: Whurds.com may may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, at its sole discretion. If you wish to terminate these Terms of Service or your Whurds.com account (if any), you may simply discontinue using the Website.

Disclaimer of Warranties: The Website is provided “as is”. Whurds.com and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Whurds.com nor any of its suppliers and licensors makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

Limitation of Liability: In no event will Whurds.com or its suppliers or licensors be liable with respect to any subject matter of these Terms of Service under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the amount paid by you to Whurds.com, if any, under this agreement during the twelve month period prior to the cause of action. Whurds.com shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law. Nothing posted on Whurds.com should be construed as legal advice, nor will any use of Whurds.com constitute the creation of a solicitor-client relationship.

Indemnification: You agree to indemnify and hold harmless Whurds.com, its contractors, licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including legal fees, arising out of your use of the Website, including but not limited to your violation of these Terms of Service.

Jurisdiction and Applicable Law: Except to the extent any applicable law provides otherwise, these Terms of Service and any access to or use of the Website shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein. Any and all disputes arising under these Terms of Service or access to or use of the Website, whether as to interpretation, performance or otherwise, shall be subject to the non-exclusive jurisdiction of the courts of the Province of Ontario and each of the parties hereto hereby irrevocably attorns to the jurisdiction of the courts of such province.

Miscellaneous: These Terms of Service constitute the entire agreement between Whurds.com and you concerning the subject matter hereof. If any part of these Terms of Service is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of these Terms of Service or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under the Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Whurds.com may assign its rights under these Terms of Service without condition. These Terms of Service will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.