
Castle of crosswords Terms of Use
Version 1.0
The Castle of crosswords website located at www.cocw.eu and www.castleofcrosswords.eu is
a copyrighted work belonging to Castle of crosswords. Certain
features of the Site may be subject to additional guidelines,
terms, or rules, which will be posted on the Site in connection
with such features.
All such additional terms, guidelines, and rules are incorporated
by reference into these Terms.
These Terms of Use described the legally binding terms and
conditions that oversee your use of the Site. BY LOGGING INTO
THE SITE, YOU ARE BEING COMPLIANT THAT THESE TERMS and you
represent that you have the authority and capacity to enter
into these Terms. YOU SHOULD BE AT LEAST 13 YEARS OF AGE TO
ACCESS THE SITE. IF YOU DISAGREE WITH ALL OF THE PROVISION OF
THESE TERMS, DO NOT LOG INTO AND/OR USE THE SITE.
These terms require the use of arbitration Section 10.2 on an
individual basis to resolve disputes and also limit the remedies
available to you in the event of a dispute.
Access to the Site
Subject to these Terms. Company grants you a non-transferable,
non-exclusive, revocable, limited license to access the Site
solely for your own personal, noncommercial use.
Certain Restrictions. The rights approved to you in these
Terms are subject to the following restrictions:
(a) you shall not sell, rent, lease, transfer, assign, distribute,
host, or otherwise commercially exploit the Site;
(b) you shall not change, make derivative works of, disassemble,
reverse compile or reverse engineer any part of the Site;
(c) you shall not access the Site in order to build a similar or
competitive website; and
(d) except as expressly stated herein, no part of the Site may
be copied, reproduced, distributed, republished, downloaded,
displayed, posted or transmitted in any form or by any means
unless otherwise indicated, any future release, update, or other
addition to functionality of the Site shall be subject to these
Terms. All copyright and other proprietary notices on the Site
must be retained on all copies thereof.
Company reserves the right to change, suspend, or cease the Site
with or without notice to you. You approved that Company will
not be held liable to you or any third-party for any change,
interruption, or termination of the Site or any part.
No Support or Maintenance. You agree that Company will have
no obligation to provide you with any support in connection
with the Site.
Excluding any User Content that you may provide, you are aware
that all the intellectual property rights, including copyrights,
patents, trademarks, and trade secrets, in the Site and its
content are owned by Company or Company’s suppliers. Note that
these Terms and access to the Site do not give you any rights,
title or interest in or to any intellectual property rights,
except for the limited access rights expressed in Section 2.1.
Company and its suppliers reserve all rights not granted in
these Terms.
Third-Party Links & Ads; Other Users
Third-Party Links & Ads. The Site may contain links to third-party
websites and services, and/or display advertisements for
third-parties. Such Third-Party Links & Ads are not under the
control of Company, and Company is not responsible for any
Third-Party Links & Ads. Company provides access to these
Third-Party Links & Ads only as a convenience to you, and does
not review, approve, monitor, endorse, warrant, or make any
representations with respect to Third-Party Links & Ads. You use
all Third-Party Links & Ads at your own risk, and should apply
a suitable level of caution and discretion in doing so. When
you click on any of the Third-Party Links & Ads, the applicable
third party’s terms and policies apply, including the third
party’s privacy and data gathering practices.
Other Users. Each Site user is solely responsible for any and
all of its own User Content. Because we do not control User
Content, you acknowledge and agree that we are not responsible
for any User Content, whether provided by you or by others.
You agree that Company will not be responsible for any loss or
damage incurred as the result of any such interactions. If there
is a dispute between you and any Site user, we are under no
obligation to become involved.
You hereby release and forever discharge the Company and our
officers, employees, agents, successors, and assigns from, and
hereby waive and relinquish, each and every past, present and
future dispute, claim, controversy, demand, right, obligation,
liability, action and cause of action of every kind and nature,
that has arisen or arises directly or indirectly out of, or that
relates directly or indirectly to, the Site. If you are a
California resident, you hereby waive California civil code
section 1542 in connection with the foregoing, which states:
"a general release does not extend to claims which the creditor
does not know or suspect to exist in his or her favor at the
time of executing the release, which if known by him or her must
have materially affected his or her settlement with the debtor."
Cookies and Web Beacons. Like any other website, Castle of
crosswords uses ‘cookies’. These cookies are used to store
information including visitors’ preferences, and the pages
on the website that the visitor accessed or visited.
The information is used to optimize the users’ experience by
customizing our web page content based on visitors’ browser
type and/or other information.
Google DoubleClick DART Cookie. Google is one of a third-party
vendor on our site. It also uses cookies, known as DART cookies,
to serve ads to our site visitors based upon their visit to
www.website.com and other sites on the internet. However,
visitors may choose to decline the use of DART cookies by
visiting the Google ad and content network Privacy Policy
here.
Disclaimers
The site is provided on an "as-is" and "as available" basis,
and company and our suppliers expressly disclaim any and all
warranties and conditions of any kind, whether express, implied,
or statutory, including all warranties or conditions of
merchantability, fitness for a particular purpose, title, quiet
enjoyment, accuracy, or non-infringement. We and our suppliers
make not guarantee that the site will meet your requirements,
will be available on an uninterrupted, timely, secure, or
error-free basis, or will be accurate, reliable, free of
viruses or other harmful code, complete, legal, or safe.
If applicable law requires any warranties with respect to the
site, all such warranties are limited in duration to ninety (90)
days from the date of first use.
Some jurisdictions do not allow the exclusion of implied
warranties, so the above exclusion may not apply to you.
Some jurisdictions do not allow limitations on how long an
implied warranty lasts, so the above limitation may not
apply to you.
Limitation on Liability
To the maximum extent permitted by law, in no event shall
company or our suppliers be liable to you or any third-party
for any lost profits, lost data, costs of procurement of
substitute products, or any indirect, consequential, exemplary,
incidental, special or punitive damages arising from or relating
to these terms or your use of, or incapability to use the site
even if company has been advised of the possibility of such
damages. Access to and use of the site is at your own discretion
and risk, and you will be solely responsible for any damage
to your device or computer system, or loss of data resulting
therefrom.
To the maximum extent permitted by law, notwithstanding anything
to the contrary contained herein, our liability to you for any
damages arising from or related to this agreement, will at all
times be limited to a maximum of fifty U.S. dollars (u.s. $50).
The existence of more than one claim will not enlarge this limit.
You agree that our suppliers will have no liability of any kind
arising from or relating to this agreement.
Some jurisdictions do not allow the limitation or exclusion
of liability for incidental or consequential damages, so the
above limitation or exclusion may not apply to you.
Term and Termination. Subject to this Section, these Terms will
remain in full force and effect while you use the Site. We may
suspend or terminate your rights to use the Site at any time for
any reason at our sole discretion, including for any use of the
Site in violation of these Terms. Upon termination of your rights
under these Terms, your Account and right to access and use the
Site will terminate immediately. You understand that any
termination of your Account may involve deletion of your User
Content associated with your Account from our live databases.
Company will not have any liability whatsoever to you for any
termination of your rights under these Terms. Even after your
rights under these Terms are terminated, the following provisions
of these Terms will remain in effect: Sections 2 through 2.5,
Section 3 and Sections 4 through 10.
Copyright Policy.
Company respects the intellectual property of others and asks
that users of our Site do the same. In connection with our Site,
we have adopted and implemented a policy respecting copyright
law that provides for the removal of any infringing materials
and for the termination of users of our online Site who are
repeated infringers of intellectual property rights, including
copyrights. If you believe that one of our users is, through
the use of our Site, unlawfully infringing the copyright(s) in
a work, and wish to have the allegedly infringing material
removed, the following information in the form of a written
notification (pursuant to 17 U.S.C. § 512(c)) must be provided
to our designated Copyright Agent:
- your physical or electronic signature;
- identification of the copyrighted work(s) that you claim
to have been infringed;
- identification of the material on our services that you
claim is infringing and that you request us to remove;
- sufficient information to permit us to locate such material;
- your address, telephone number, and e-mail address;
- a statement that you have a good faith belief that use of
the objectionable material is not authorized by the copyright
owner, its agent, or under the law; and
- a statement that the information in the notification is
accurate, and under penalty of perjury, that you are either
the owner of the copyright that has allegedly been infringed
or that you are authorized to act on behalf of the copyright
owner.
Please note that, pursuant to 17 U.S.C. § 512(f), any
misrepresentation of material fact in a written notification
automatically subjects the complaining party to liability for
any damages, costs and attorney’s fees incurred by us in
connection with the written notification and allegation of
copyright infringement.
General
These Terms are subject to occasional revision, and if we
make any substantial changes, we may notify you by sending you
an e-mail to the last e-mail address you provided to us and/or
by prominently posting notice of the changes on our Site. You
are responsible for providing us with your most current e-mail
address. In the event that the last e-mail address that you
have provided us is not valid our dispatch of the e-mail
containing such notice will nonetheless constitute effective
notice of the changes described in the notice. Any changes
to these Terms will be effective upon the earliest of
thirty (30) calendar days following our dispatch of an e-mail
notice to you or thirty (30) calendar days following our posting
of notice of the changes on our Site. These changes will be
effective immediately for new users of our Site. Continued
use of our Site following notice of such changes shall indicate
your acknowledgement of such changes and agreement to be bound
by the terms and conditions of such changes. Dispute Resolution.
Please read this Arbitration Agreement carefully. It is part of
your contract with Company and affects your rights. It contains
procedures for MANDATORY BINDING ARBITRATION AND A CLASS
ACTION WAIVER.
Applicability of Arbitration Agreement. All claims and disputes
in connection with the Terms or the use of any product or service
provided by the Company that cannot be resolved informally or in
small claims court shall be resolved by binding arbitration on an
individual basis under the terms of this Arbitration Agreement.
Unless otherwise agreed to, all arbitration proceedings shall
be held in English. This Arbitration Agreement applies to
you and the Company, and to any subsidiaries, affiliates,
agents, employees, predecessors in interest, successors, and
assigns, as well as all authorized or unauthorized users or
beneficiaries of services or goods provided under the Terms.
Notice Requirement and Informal Dispute Resolution. Before
either party may seek arbitration, the party must first send
to the other party a written Notice of Dispute describing the
nature and basis of the claim or dispute, and the requested
relief. A Notice to the Company should be sent to: Tets. After
the Notice is received, you and the Company may attempt to
resolve the claim or dispute informally. If you and the Company
do not resolve the claim or dispute within thirty (30) days
after the Notice is received, either party may begin an
arbitration proceeding. The amount of any settlement offer
made by any party may not be disclosed to the arbitrator
until after the arbitrator has determined the amount of the
award to which either party is entitled.
Arbitration Rules. Arbitration shall be initiated through the
American Arbitration Association, an established alternative
dispute resolution provider that offers arbitration as set forth
in this section. If AAA is not available to arbitrate, the
parties shall agree to select an alternative ADR Provider.
The rules of the ADR Provider shall govern all aspects of the
arbitration except to the extent such rules are in conflict with
the Terms. The AAA Consumer Arbitration Rules governing the
arbitration are available online at adr.org or by calling the
AAA at 1-800-778-7879. The arbitration shall be conducted
by a single, neutral arbitrator. Any claims or disputes where
the total amount of the award sought is less than Ten Thousand
U.S. Dollars (US $10,000.00) may be resolved through binding
non-appearance-based arbitration, at the option of the party
seeking relief. For claims or disputes where the total
amount of the award sought is Ten Thousand U.S. Dollars
(US $10,000.00) or more, the right to a hearing will be
determined by the Arbitration Rules. Any hearing will be held
in a location within 100 miles of your residence, unless you
reside outside of the United States, and unless the parties
agree otherwise. If you reside outside of the U.S., the
arbitrator shall give the parties reasonable notice of the
date, time and place of any oral hearings. Any judgment on
the award rendered by the arbitrator may be entered in any
court of competent jurisdiction. If the arbitrator grants
you an award that is greater than the last settlement offer
that the Company made to you prior to the initiation of
arbitration, the Company will pay you the greater of the award
or $2,500.00. Each party shall bear its own costs and
disbursements arising out of the arbitration and shall pay
an equal share of the fees and costs of the ADR Provider.
Additional Rules for Non-Appearance Based Arbitration. If
non-appearance based arbitration is elected, the arbitration
shall be conducted by telephone, online and/or based solely
on written submissions; the specific manner shall be chosen
by the party initiating the arbitration. The arbitration
shall not involve any personal appearance by the parties or
witnesses unless otherwise agreed by the parties.
Time Limits. If you or the Company pursues arbitration,
the arbitration action must be initiated and/or demanded
within the statute of limitations and within any deadline
imposed under the AAA Rules for the pertinent claim.
Authority of Arbitrator. If arbitration is initiated, the
arbitrator will decide the rights and liabilities of you
and the Company, and the dispute will not be consolidated
with any other matters or joined with any other cases or parties.
The arbitrator shall have the authority to grant motions
dispositive of all or part of any claim. The arbitrator shall
have the authority to award monetary damages, and to grant
any non-monetary remedy or relief available to an individual
under applicable law, the AAA Rules, and the Terms.
The arbitrator shall issue a written award and statement of
decision describing the essential findings and conclusions on
which the award is based. The arbitrator has the same authority
to award relief on an individual basis that a judge in a court
of law would have. The award of the arbitrator is final and
binding upon you and the Company.
Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR
CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE
A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that
all claims and disputes shall be resolved by arbitration under
this Arbitration Agreement. Arbitration procedures are typically
more limited, more efficient and less expensive than rules
applicable in a court and are subject to very limited review
by a court. In the event any litigation should arise between
you and the Company in any state or federal court in a suit to
vacate or enforce an arbitration award or otherwise, YOU AND
THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing
that the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions. All claims and disputes
within the scope of this arbitration agreement must be arbitrated
or litigated on an individual basis and not on a class basis,
and claims of more than one customer or user cannot be
arbitrated or litigated jointly or consolidated with those
of any other customer or user.
Confidentiality. All aspects of the arbitration proceeding shall
be strictly confidential. The parties agree to maintain
confidentiality unless otherwise required by law. This paragraph
shall not prevent a party from submitting to a court of law any
information necessary to enforce this Agreement, to enforce an
arbitration award, or to seek injunctive or equitable relief.
Severability. If any part or parts of this Arbitration
Agreement are found under the law to be invalid or
unenforceable by a court of competent jurisdiction, then such
specific part or parts shall be of no force and effect and
shall be severed and the remainder of the Agreement shall
continue in full force and effect.
Right to Waive. Any or all of the rights and limitations set
forth in this Arbitration Agreement may be waived by the party
against whom the claim is asserted. Such waiver shall not waive
or affect any other portion of this Arbitration Agreement.
Survival of Agreement. This Arbitration Agreement will survive
the termination of your relationship with Company.
Small Claims Court. Nonetheless the foregoing, either you or the
Company may bring an individual action in small claims court.
Emergency Equitable Relief. Anyhow the foregoing, either party
may seek emergency equitable relief before a state or federal
court in order to maintain the status quo pending arbitration.
A request for interim measures shall not be deemed a waiver
of any other rights or obligations under this Arbitration Agreement.
Claims Not Subject to Arbitration. Notwithstanding the foregoing,
claims of defamation, violation of the Computer Fraud and Abuse
Act, and infringement or misappropriation of the other party’s
patent, copyright, trademark or trade secrets shall not be subject
to this Arbitration Agreement.
In any circumstances where the foregoing Arbitration Agreement
permits the parties to litigate in court, the parties hereby
agree to submit to the personal jurisdiction of the courts
located within Netherlands County, California, for such purposes.
The Site may be subject to U.S. export control laws and may be
subject to export or import regulations in other countries.
You agree not to export, re-export, or transfer, directly or
indirectly, any U.S. technical data acquired from Company, or
any products utilizing such data, in violation of the United
States export laws or regulations.
Company is located at the address in Section 10.8. If you are
a California resident, you may report complaints to the Complaint
Assistance Unit of the Division of Consumer Product of the
California Department of Consumer Affairs by contacting them
in writing at 400 R Street, Sacramento, CA 95814, or by
telephone at (800) 952-5210.
Electronic Communications. The communications between you and
Company use electronic means, whether you use the Site or send us
emails, or whether Company posts notices on the Site or
communicates with you via email. For contractual purposes, you
(a) consent to receive communications from Company in an electronic
form; and (b) agree that all terms and conditions, agreements,
notices, disclosures, and other communications that Company
provides to you electronically satisfy any legal obligation
that such communications would satisfy if it were be in a hard
copy writing.
Entire Terms. These Terms constitute the entire agreement between
you and us regarding the use of the Site. Our failure to exercise
or enforce any right or provision of these Terms shall not operate
as a waiver of such right or provision. The section titles in these
Terms are for convenience only and have no legal or contractual
effect. The word "including" means "including without limitation".
If any provision of these Terms is held to be invalid or
unenforceable, the other provisions of these Terms will be
unimpaired and the invalid or unenforceable provision will be
deemed modified so that it is valid and enforceable to the maximum
extent permitted by law. Your relationship to Company is that of
an independent contractor, and neither party is an agent or partner
of the other. These Terms, and your rights and obligations herein,
may not be assigned, subcontracted, delegated, or otherwise
transferred by you without Company’s prior written consent, and any
attempted assignment, subcontract, delegation, or transfer in
violation of the foregoing will be null and void. Company may
freely assign these Terms. The terms and conditions set forth in
these Terms shall be binding upon assignees.
Copyright/Trademark Information. Copyright ©. All rights reserved.
All trademarks, logos and service marks displayed on the Site are
our property or the property of other third-parties.
You are not permitted to use these Marks without our
prior written consent or the consent of such third party
which may own the Marks.