wordia.com – terms of use
1) About wordia.com
a) wordia.com is an online entertainment, education and information service operated and owned by Awesome Television Limited (“Awesome”).
b) These terms and conditions (“Terms”) apply to all and any use of the web site available at wordia.com and its Content (“wordia.com”).
c) wordia.com and references to wordia.com include the Content, which is made up of and includes:
i) any and all videos or other content produced by or for Awesome and made available for download from the web site (“Produced Content”)
ii) any and all videos or other content uploaded, submitted, transmitted, posted or otherwise placed on it by users of wordia.com (“User Content”);
iii) any comments, postings, emails, messages and other communications made to or using it or any message board or similar services run or made available on or through it (“Communications”).
d) By using wordia.com you represent, undertake and confirm that you understand, accept and are able to understand and accept these Terms and agree to be bound by these Terms.
e) If you do not accept or understand these Terms you should not use wordia.com or any part of it. That includes without limitation by using, posting or accessing the Content or Communications.
f) If you are under the age of 16 or don’t understand these Terms or their meaning, please ask a parent or guardian to explain the meaning to you and ensure you have their permission to use wordia.com.
g) Awesome may make alterations to these Terms from time to time and these variations shall become effective immediately upon being accessible from www.wordia.com/terms.
2) Accounts
a) You may be required to set up an account in order to use certain features of wordia.com, including setting up a username and password.
b) Any username and password issued to you is personal to you, so that you can use and access wordia.com and must not be disclosed to any third party without Awesome’s prior written consent or let anyone other than you use your account.
c) You are and shall remain responsible for maintaining the confidentiality of your username and password and account and for all activities that occur using your username, password or other account information.
d) All email and other communications sent by Awesome and attachments thereto are intended only for the addressee and/or others authorised to receive them.
e) In order to upload, make available, submit, transmit, post or otherwise place User Content or Communications on or through wordia.com you may need to set up an account with You Tube (www.youtube.com) and agree to comply with all terms and conditions applicable to such account including those available at http://www.youtube.com/t/terms.
3) Use of wordia.com
a) You MAY download and use wordia.com and the Content on it solely for your private, non-commercial, personal use via the internet only.
b) Awesome grants you a non-exclusive, limited licence to download and use wordia.com and the Content solely for your private, non-commercial, personal use only via the Internet.
c) These Terms and the rights granted by them do not give you any title or ownership in wordia.com and should not be construed as a sale or transfer of any copyright or other right.
d) You may not transfer, sublicense or deal in this right without Awesome’s prior written permission.
e) You agree not to:
i) use wordia.com or any Content for any commercial or business purpose;
ii) include contact details intended to facilitate communication of any sort (email address, postal address, phone number, web address etc.) in any Communication or User Content;
iii) use your access to wordia.com, or information gathered from it, for the sending of unsolicited bulk email or any spam;
iv) process or otherwise use the information contained on or within use wordia.com or any Content for any illegal or immoral purpose or use or process the same unfairly.
4) Content and Intellectual Property Rights
a) By “Intellectual Property Rights” what we mean is all ownership rights and interests in copyright, design right, database right, patents and any rights to inventions, know-how, trade and business names, trade secrets and trade marks (whether registered or unregistered) and any applications therefor and other like rights.
b) You will be responsible for any Content that you upload, submit, transmit, post or otherwise place on or through wordia.com and you accept that full responsibility and liability for that Content rests solely with you. Awesome shall have no liability in relation thereto.
c) By uploading, submitting, transmitting, posting or otherwise placing any Content on or through wordia.com you expressly agree and confirm that:
i) you are not a minor or else have your parent’s or guardian’s permission to do so on these Terms;
ii) your Content may be used on and in connection with wordia.com;
iii) your username may be advertised and used in connection with your Content;
iv) you grant to Awesome the non-exclusive, irrevocable, worldwide, perpetual, royalty free right and licence to use such Content on and / or in connection with wordia.com and to give all consents (if any) which Awesome requires including under copyright and other intellectual property, data protection and privacy laws world wide, for that use only;
v) you own or have proper licenses, permissions and other consents in place in respect of all features and resources used in the
Content;
vi) any Content or Communication you submit and the use of it as envisaged by these Terms does not and will not infringe any third party Intellectual Property Rights or other rights;
vii) you are entitled to grant the rights granted and you are not under any contractual or other obligations preventing you from doing so;
viii) you have received all necessary permissions and consent required for the use of any Content or Communication by Awesome, as described in these terms and conditions;
ix) that you have not granted any other person any rights that are inconsistent with the licence granted above.
5) Copyright, Trade Marks and other Intellectual Property Rights
a) All copyright, design rights, database right and other like rights in the wordia.com web site design and software and all Produced Content belong to and vest in Awesome, or are licensed to Awesome unless otherwise specified. All such rights of Awesome are hereby asserted and reserved.
b) In respect of wordia.com (including the Content) you shall not:
i) make any commercial use without Awesome’s prior written consent;
ii) provide hypertext links, URL Links, graphic links, hyperlinks or other direct connection for profit or gain to them without Awesome’s prior written permission;
iii) display, publish, copy, print, post or otherwise use them and the information contained therein for the benefit of any third party or web site without Awesome’s prior written consent;
iv) hack, attempt to hack, modify, adapt, merge, translate, distribute, transmit, use, re-use, re-post, disassemble, decompile or reverse engineer or create derivative works out of wordia.com or any Content or information contained in it, for any purpose other than as expressly permitted above unless expressly permitted by applicable law;
v) remove, disable, modify, add to or tamper with any program code or data, copyright, trademark or other proprietary notices and legends;
vi) create software which mimics data or functionality in wordia.com;
vii) use or deal in wordia.com except as permitted by these Terms.
c) You agree to comply with wordia.com ‘code of conduct’ available at http://www.wordia.com/community_guidelines all other applicable rules available on wordia.com.
d) You must retain all copyright notices and other proprietary notices contained on wordia.com, the Content and any Communications.
e) All third party copyright, design rights, database rights, patents, trade names and trade marks are the property of their respective owners and Awesome makes no warranty or representation in relation thereto.
6) Forum and Communications
a) wordia.com is an entertainment, education and information service and ancillary to this Awesome is involved in the transmission, hosting, caching, storage, retrieval and dealing with User Content and third party Communications without review, selection or alteration of their content - for which it is a mere conduit.
• The views expressed in any User Content or Communications are the views of the individual authors and not those of Awesome unless specified otherwise by Awesome.
• Awesome is not responsible for and disclaims all liability in respect of any comments, views or remarks expressed in any User Content or Communications.
• By using wordia.com you acknowledge that Awesome has no responsibility to review the content of any User Content or Communications and that all User Content and Communications are made available on the basis that Awesome is not required to and does not exercise any control or judgment concerning their contents.
• Notwithstanding the foregoing Awesome shall be entitled to remove or reject any User Content or Communications and remove or suspend your ability to access, upload, submit, transmit, post or otherwise place User Content or Communications on or through wordia.com for any reason.
• You agree that Awesome may use, publish, edit, modify and adapt your User Content and Communications for any and all purposes relating to wordia.com and the business of Awesome and you hereby grant it an unrestricted non-exclusive licence to do so and waive all so called moral rights in your Communications.
• You agree and undertake that you will not upload, submit, transmit, post or otherwise place User Content nor make any Communication or post to or transmit to wordia.com any statement or material that:
o is unlawful or which gives rise to civil or criminal liability;
o promotes any illegal or unlawful activity;
o infringes any copyright or other intellectual property right of any third party or assists infringement or piracy;
o includes any computer virus, worms, logic bombs or other malicious software or technically harmful data;
o is abusive, pornographic, defamatory, discriminatory or obscene;
o harasses any person;
o markets or promotes any third party;
o which seeks or attempts to make any arrangement to meet a child under the age of 16 or which may have such a meeting as its object or effect;
o contains any restricted material, including but not limited to passwords, medical information or confidential information of any person; or
o solicits, invites, encourages, advocates, incites or provokes any or all of the foregoing.
It is a known risk of internet usage that people are not necessarily who they say they are. People may provide information or behave in a way that is unreliable, misleading, unlawful or illegal. Awesome has no way of telling if statements made by other users are true. This is a decision that can only be made by you. You should therefore exercise of some degree of caution when using any web site. By using wordia.com and its services you accept that this is the case and accept that you therefore use wordia.com at your own risk. PLEASE TAKE PARTICULAR CARE IN RELATION TO THE DISCLOSURE OF YOUR OWN PERSONAL INFORMATION SUCH AS YOUR SURNAME, ADDRESS, EMAIL ADDRESS, TELEPHONE NUMBER AND PLACES YOU GO.
7) Liability
a) Awesome provides and maintains wordia.com for personal information, education and entertainment, on an “as is” basis
b) Awesome shall be liable only to provide its services with reasonable skill and care and gives no other warranty in connection with wordia.com.
c) Third party web sites and online services to which wordia.com links (“External Sites”) have not been verified or reviewed by Awesome.
d) All use and access of External Sites is made at your own risk.
e) Awesome gives no warranty in connection with wordia.com other than as expressly stated and to the maximum extent permitted by law, Awesome excludes liability for:
i) any loss or damage of any kind howsoever arising, including without limitation any direct, indirect, special, punitive or consequential loss whether or not such arises out of any problem which Awesome has been made aware of;
ii) the accuracy, currency or validity of the information and material contained within any User Content or Communications or wordia.com;
iii) any interruptions to or delays in updating wordia.com;
iv) any incorrect or inaccurate information on wordia.com;
v) the infringement by any person of any copyright or other intellectual property rights of any third party through any User Content or Communication or use of wordia.com;
vi) the availability, quality, content or nature of External Sites;
vii) any transaction involving External Sites;
viii) any amount or kind of loss or damage due to viruses or other malicious software that may infect a user’s computer equipment, software, data or other property caused by persons accessing, using or downloading wordia.com, or any User Content or Communication;
ix) all representations, warranties, conditions and other Terms which but for this notice would have effect.
f) Awesome does not warrant that the operation of wordia.com will be uninterrupted or error free.
g) Awesome will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen contingency beyond its the reasonable control including without limitation Internet outages, communications outages, fire, flood, war or act of God.
h) Except as provided above there are no other warranties, conditions or other Terms, express or implied, statutory or otherwise, and all such Terms are hereby excluded to the maximum extent permitted by law.
i) These Terms above are subject to your statutory and common law consumer rights and shall not limit any rights you might have as a consumer that may not be excluded under applicable law nor shall it exclude or limit Awesome’s liability for death or personal injury resulting from its negligence nor any fraudulent representation.
j) You agree that in relation to your use of wordia.com you will not in any way conduct yourself in a manner which is unlawful or which gives rise to civil or criminal liability or which might call into disrepute wordia.com.
k) You agree that you are and shall remain responsible for maintaining the confidentiality of your password and membership account and for all activities that occur under your account.
l) You hereby indemnify, defend and hold Awesome and Awesome’s affiliates and Awesome’s officers, directors, owners, agents, information providers, affiliates, licensers and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs (including reasonable attorneys fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms or claims arising from your use of wordia.com any Communications and any use of your membership account. You shall use your best efforts to cooperate with Awesome in the defense of any claim. Awesome reserves the right, at Awesome’s own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
8) Termination
a) Without limiting to any other rights it may have Awesome may remove, restrict, cancel or suspend access to and use of wordia.com and Content or other any part of it, if it considers (in its sole discretion) that you have breached of any of these Terms. Termination shall be without prejudice to the accrued rights of Awesome.
9) General
a) Except as provided above there are no other warranties, conditions or other terms, express or implied, statutory or otherwise, and all such terms are hereby excluded to the maximum extent permitted by law (but subject to your statutory and common law consumer rights).
b) Awesome acts as principal on its own account and not as agent for you or any other person.
c) If Awesome does not enforce any provision of this agreement such will not be considered a waiver of any provision or right.
d) In the event that any part of these terms and conditions is held to be unenforceable, such part will at Awesome’s option be construed as far as possible to reflect the parties’ intentions and the remainder of the provisions will remain in full force and effect.
e) These terms and conditions constitute the entire agreement between you and Awesome and shall apply to the exclusion of all other terms or conditions of contract which you may purport to propose.
f) Reference to the word “include” and “including” shall mean and be read as “include without limitation” and “including without limitation” in these Terms.
g) Use of Awesome and these terms are subject to the laws of England which shall exclusively govern the interpretation, application and effect of all the above permissions, exclusions, licences and conditions of use and shall be construed in accordance with the laws of England and the parties submit to the exclusive jurisdiction of the English courts.
h) wordia.com is intended for and directed at the UK and no representation or warranty is made as to whether wordia.com complies with the regulatory regime and local laws of any other countries.
i) By using wordia.com you undertake that you have the necessary hardware, software and capability required for its use including in relation to Content, Communications, email and web usage.
10) About Awesome
a) All questions, comments or enquiries should be directed to Awesome at: production@wordia.com
Awesome Television Limited, Unit One, The Energy Centre, Bowling Green Walk, Hoxton, London, United Kingdom, N1 6AL