Terms & Conditions of Use
Revision Date: 9/2/2012
Spuzzle may revise these Terms at any time by posting an updated version to our Systems. You should visit the Web site page via our Web site or our other Systems periodically to review the most current Terms because they are binding on you.
Users who violate these Terms may have their access and use of Spuzzle Systems suspended or terminated at our discretion. This agreement may not be changed or amended without written permission between Spuzzle, Inc. and you. Any amendment must be in writing; hand-signed by both parties (electronic communication such as email is not accepted).
For the purpose of these Terms, Spuzzle, Inc. is identified as "us", "we", "our" and "Spuzzle". To contact us regarding our Terms, you can e-mail us at firstname.lastname@example.org. We are a corporation in good standing with the State of Colorado, U.S.A. We do not charge you for merely using any Spuzzle Web site; however, some Systems may require a charge. In all cases, it will be disclosed in conjunction with the activity.
Spuzzle® and Spuzzle logo are registered trademarks of Spuzzle, Inc. in the United States. Word vs WordTM is a trademark of Spuzzle, Inc.
Copyright © Spuzzle, Inc. All rights reserved.
Spuzzle does not discriminate for the use of its Systems on the basis of race, color, religion, sex, national origin, disability or any other characteristic protected by law.
By using Spuzzle Systems you accept and agree to these Terms to collect, use and store your information.
Right to Use Systems
Any violation to the Systems and the right is strictly prohibited. Your use, account and right will be revoked and you may be subject to liability for violations of law. Attempting to obstruct or prevent anything to do with Spuzzle Systems is a violation and these Terms and may be a violation of criminal and civil laws.
Eligibility & Accessing Systems
You must be 13 years of age or older to use Spuzzle Systems in any manner, and, if under the age of 18, must use any of the Spuzzle Systems under the supervision of a legal guardian, or other responsible adult. You represent that your legal guardian has reviewed and agreed to these Terms. By using Spuzzle Systems or accepting these Terms, you represent and warrant to Spuzzle that you have reached the age of majority in your jurisdiction, and that you have the right and authority to agree to and abide by these Terms. You also represent and warrant to Spuzzle that you will use Spuzzle Systems in a manner consistent with any and all applicable laws and regulations.
It is required that you agree to these Terms before using or accessing Spuzzle Systems and that you are responsible for all necessary equipment to connect to the Systems. In some cases, you also be required to gain access with the Systems, as well as any costs, fees incurred while using the Systems.
We from time to time will update Systems, with or without notice and you accept to update your system. In some cases you will need to update your software in order to user our Systems.
Use of Spuzzle Content
Spuzzle authorizes you to view and access the content available on or from Spuzzle Systems solely for your personal use. The contents of Spuzzle Systems such as text, graphics, code, images, logos, video, audio, buttons, software and other Spuzzle content are protected under United States copyright, trademark and other laws. All content is the property of Spuzzle. Unauthorized use of the content may violate these laws, and is strictly prohibited. You must retain all copyright, trademark and other proprietary notices contained in the original Spuzzle content on any authorized copy you make.
You agree not to sell or modify Spuzzle content or distribute, reproduce, display or otherwise use content in any way for any public or commercial purpose, in connection with products or services that are not those of Spuzzle Systems, in any other manner that is likely to cause public confusion or that otherwise infringes Spuzzle or its intellectual property rights. You further agree to in no other way misuse Spuzzle content that appears in Spuzzle Systems. Any code that Spuzzle creates to generate or display any content or functionality or the pages making up any Web site, mobile app or program is also protected by copyright and you may not copy or adapt such code.
Restrictions of Use & Limitations
Users may not use any of the Spuzzle Systems in order to distribute, transmit, post, or store material that is in violation of any applicable law or regulation, in a manner that will infringe the copyright, trademark or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or that is obscene, defamatory, threatening or abusive.
In order to ensure a safe and effective experience for all of users, Spuzzle reserves the right to limit the amount of data that may be accessed by you in any given time period. These limits may be amended in our sole discretion from time to time.
The following must be adhered to, under any circumstances, and by using the Systems, you agree:
- To not use the Systems under a false identity or on behalf of someone other than yourself.
- To not use the Systems if you are under the age of 13.
- To monitor access to our Systems and restrict use by minors and accept responsibility for any unauthorized use.
- To use the Systems only for non-commercial purposes.
- To not use the Systems if you have been removed or banned by Spuzzle previously.
- To not use the Systems to engage in any illegal activity.
- To use the Systems that violates any applicable law or regulation.
- To not interfere with or change these Terms, content, code, files, policies or technology.
- To not post, comment or provide any content that is abusive, obscene, libelous, defamatory, threatening, or sexually, racially or otherwise objectionable or offensive.
- To not use the Systems to harass, intimidate, bully, harm or abuse another person or group.
- To not use the Systems to provide content that contains offensive material including nudity or violence.
- To not solicit or collect personal and private information for other persons using the Systems.
- To not include content or material that violates any copyright, trademark, patent, and/or any other right of a person or entity.
- To not interfere with the use of the Systems by overloading the technology or other person’s use of the Systems.
- To not try and gain unauthorized access to any Systems or other person’s accounts, as well as any technology used to support the Systems.
- To not use any devices, software, robots, hacks or cheat systems to interfere with Systems.
- To not, in any way try and jeopardize the Systems with a virus, malicious code or an attack, that would prevent proper functioning of the Systems. You will not do anything that could disable, overburden, or impair the proper working of Spuzzle Systems.
- To not attempt to derive the source code for any underlying software or other intellectual property used to provide the Systems.
- To not copy, modify or distribute rights or content from any System, as well as any copyrights or trademarks.
- To not use Spuzzle to do anything unlawful, misleading, malicious, or discriminatory.
- To not engage in unlawful multi-level marketing with Spuzzle Systems or with our applications.
- To not facilitate or support any violations of these Terms.
Spuzzle can terminate, suspend, delete or limit access to Systems for any reason with our without notice if Spuzzle suspects you are not complying with these Terms. Spuzzle is under no obligation to reimburse or compensate you for any losses. Spuzzle reserves the right to discontinue providing or supporting all or part of the Systems at any time. Your right to use the Systems will therefore be terminated. Spuzzle is under no obligation to reimburse or compensate you for any loses.
Several System activities require a username and/or password for access. You agree that if your username/password is used by Spuzzle Systems, we may attribute and associate with you and you will be legally bound by it. This is the case even if the person using your password had no actual authority. You agree to protect your password as confidential and to prohibit anyone you share it with from releasing it to anyone not authorized by you. Do not share your password, but if you do, you agree to save, defend, indemnify and hold us harmless from and against any use claimed to be unauthorized. We are not responsible for registration information linked to via third-party Web sites or applications and do not make any representations regarding the content or accuracy of materials with third parties.
You understand and acknowledge that you have no ownership rights in your account, and that if you cancel your account, all your account information from Spuzzle, including created, sent and posted Spuzzle questions, answers, photos, images, text, videos, audio, account information, contacts, e-mail mailing lists, will be marked as deleted in Spuzzle databases. Information may continue to be available for some period of time because of delays in propagating such deletion through Spuzzle Web servers. In addition, third-parties may retain cached copies of your information. It is your responsibility delete and disconnect from any third-party Web site and/or application.
The following must be agreed to:
- You are responsible for anything that happens with your account.
- That you will not share your account information with anyone or let anyone other than yourself access your account.
- That if you become aware of or suspect that your account information has been breached, you will contact Spuzzle and modify your account.
Spuzzle reserves the right to remove, revoke, and reclaim any account information including usernames at any time for any reason.
Security & Safety
Physical, electronic and managerial procedures have been employed to safeguard the security and integrity of personal information. Personal information is accessible only by Spuzzle employees to provide technical support. All Spuzzle contractors with access to personal information obtained from Spuzzle Systems are also bound to adhere to this policy. To protect the security of information supplied by users in order to access restricted areas, users must provide e-mail addresses and passwords to access their information.
We want to make sure the use of Spuzzle Systems is safe; however, we cannot guarantee it is. We need your assistance to make sure Spuzzle Systems are used properly and correctly.
Various sections of our Systems, mainly Spuzzle Web sites are open to all visitors, with no registration required. For these pages and areas of the Web sites, our Web server automatically recognizes no information regarding e-mail addresses of the Web site visitors. Users who are accessing our Systems to participate will be required to provide a valid e-mail address for purposes of tracking back to the person who created, sent and/or posted content.
User Content & Submission
You understand that all information, data, text, photographs, images, videos, audio, messages or other materials submitted, posted or displayed by you on or through the Spuzzle Systems is the sole responsibility of the person from which such content originated. We claim no ownership or control over any user content. By submitting, posting or displaying user content on or through Spuzzle Systems, you grant us worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute and publish such user content through Spuzzle Systems. Spuzzle reserves the right to refuse to accept, post, display or transmit any user content in its sole discretion.
Spuzzle provides a way for online distribution and publication of user content and has no obligation to screen such content, communications or information in advance and is not responsible for monitoring user content posted by you. However, we may review and remove any user content that, in its sole judgment, violates these Terms, violates applicable laws, rules or regulations, is abusive, disruptive, offensive or illegal, or violates the rights of, or harms or threatens the safety of, user of Spuzzle. We reserve the right to dismiss user and prevent their further access to the Spuzzle Systems for violating the Terms or applicable laws, rules or regulations. Spuzzle may take any action with respect to user content that it deems necessary or appropriate in its sole discretion if it believes that such user content could create liability for Spuzzle or damage the Spuzzle brand or public image. We reserve the right to limit the capacity of content that is available to post on our Systems.
We do not represent or guarantee the truthfulness, accuracy, or reliability of user content or any other communications posted by users or endorse any opinions expressed by users. You acknowledge that any reliance on material posted by other users will be at your own risk.
The following is a partial list of user content that is prohibited on Spuzzle Systems. These are only examples to provide guidance of prohibited content:
- promotes or endorses an illegal or unauthorized copy of another person's copyrighted work;
- is implicitly or explicitly offensive, such as user content that engages in, endorses or promotes racism, bigotry, discrimination, hatred or physical harm of any kind against any group or individual;
- harasses, incites harassment or advocates harassment of any group or individual;
- promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- displays pornographic, indecent or sexually explicit material of any kind;
- provides or links to material that exploits people under the age of 18 in a sexual, violent or other manner, or solicits personal information from anyone under 18; or
- provides instructional information about illegal activities or other activities prohibited by these Terms, including without limitation, making or buying illegal weapons, violating someone's privacy, or pirating any media.
If we are notified of any content which allegedly does not conform to these Terms, Spuzzle may in its sole discretion investigate the allegation and determine whether to take any other actions whether to remove or request the removal of the user content. Spuzzle has no liability or responsibility to users for performance or nonperformance of such activities.
Spuzzle is not responsible for a user’s misuse of any content or information you post or others post while using our Systems.
The Systems and all content provided in the Systems (including, but not limited to games, posts, chat messages, content, artwork, sounds, methods of operation, terms, code, usernames, etc.) is copyrighted materials owned by Spuzzle. Spuzzle reserves the rights to the intellectual property rights associated with the Systems. By agreeing to these terms, you agree that you do not have any ownership of your account with Spuzzle and we have can terminate any inactive account or username after 90 days.
Copyright or Trademark Infringement
If you believe that your copyrighted work or trademark has been posted or copied to Spuzzle Systems and is accessible in a way that constitutes copyright or trademark infringement, please notify us with proof of such work. You can e-mail email@example.com of any violation to be researched and investigated.
Termination of Copyright or Intellectual Property
Spuzzle respects the intellectual property of others, and we ask our users do the same. The unauthorized posting, reproduction, copying, distribution, or modification of copyrighted works constitutes infringement of the copyright owner's rights. As a condition to your use of Spuzzle Systems, you agree not to use Spuzzle Systems to infringe the intellectual property rights of others in any way. We will terminate the accounts of any user, and block access to Spuzzle Systems of any users who are repeat infringers of the copyrights, or other intellectual property rights, of others. We reserve the right to take these actions at any time, in our sole discretion, with or without notice, and without any liability to the user who is terminated or to the user whose access is blocked.
You may use our Systems when it is available. Although we intend our Systems to be available twenty-four hours a day, seven-days-a-week, it will not always be available because of various reasons - during maintenance, changes, outages and for other reasons we determine. We reserve the right to change or eliminate, and restrict or block access to all or any part of our Systems from time to time without notice. We are not responsible for the availability of third-party Web sites or applications.
The use of mobile transmission is your responsibility and you need to be aware that your carrier's normal rates and fees, such as text messaging fees will still apply.
Spuzzle Systems contain links to third-party Web sites and applications. These links are provided solely as a convenience to you and not as an endorsement by us of the contents on such third-parties. We are not responsible for the content of linked third-party Web sites and/or applications and do not make any representations regarding the content or accuracy of materials with such third parties. If you decide to access linked third-party Web sites and/or applications, you do so at your own risk.
Unauthorized Commercial Use
You agree not to resell or assign your rights or obligations under these Terms. You also agree not to make any unauthorized commercial use of anything from the Spuzzle System.
You agree to defend, indemnify, and hold harmless Spuzzle and their respective officers, and from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any user content or other material you provide to Spuzzle Systems, (ii) your use of any Spuzzle content, or (iii) your breach of the terms of these Terms. Spuzzle shall provide notice to you promptly of any such claim, suit, or proceeding.
You will resolve any claim, cause of action or dispute you have with us arising out of or relating to these Terms exclusively in a state or federal court located in Unincorporated Arapahoe County, Colorado. The laws of the State of Colorado will govern these Terms, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Unincorporated Arapahoe County, Colorado for the purpose of litigating all such claims.
You release Spuzzle, Inc. and persons associated with Spuzzle of any demands, damages or claims of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
Access Outside the United States
Spuzzle understands that users might access and use our Systems outside of the United States, but we respect local laws. You consent to having your information and personal data transferred to and processed in the United States. You release Spuzzle, Inc. and persons associated with Spuzzle of any demands, damages or claims of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
THE MATERIALS CONTAINED IN OUR SYSTEMS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. SPUZZLE EXPRESSLY DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SPUZZLE DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN THESE MATERIALS. SPUZZLE MAY MAKE CHANGES TO ITS SYSTEMS AT ANY TIME WITHOUT NOTICE. WHILE SPUZZLE STRIVES TO KEEP THE INFORMATION ON ITS SYSTEMS ACCURATE AND CURRENT, SPUZZLE CANNOT GUARANTEE THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION. INFORMATION WITHIN THE SPUZZLE SYSTESMS MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. SPUZZLE RESERVES THE RIGHT TO MAKE CHANGES, CORRECTIONS AND/OR IMPROVEMENTS TO THE INFORMATION CONTAINED WITHIN THE SYSTEMS, AT ANY TIME, WITHOUT NOTICE.
Limitation of Liability
YOUR USE OF AND BROWSING OF SPUZZLE SYSTEMS ARE AT YOUR OWN RISK. IN NO EVENT SHALL SPUZZLE NOR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING SPUZZLE SYSTEMS BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, SPUZZLE SYSTEMS, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, EVEN IF SPUZZLE OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN ADDITION, YOU ACKNOWLEDGE THAT THE SPUZZLE PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD US LIAABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE SYSTEMS AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
Use of Spuzzle Systems is your agreement to indemnify and hold Spuzzle harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Systems, any violation by you of these Terms, or any breach of the representations, warranties, and covenants made by you. We reserve the right, at your expense, to assume the exclusive defense and authority for which you are required to indemnify Spuzzle. You agree to adhere with Spuzzle’s defense of these claims. We will make realistic attempts to notify you of any such action, proceeding or claim once we are notified of such action.
If for any reason, a dispute occurs between Spuzzle and you, we will seek to resolve it with an unbiased and cost effective approach. Any legal disputes, you agree to submit to the jurisdiction of the courts located in Unincorporated Arapahoe County, Colorado for the purpose of litigating all such claims or disputes. Please contact us and we will look at resolving disputes or requests through other methods, including arbitration and mediation before the need of litigation.
If any provision(s) of these Terms shall be held to be illegal or unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. Invalidity or unenforceability of one or more provisions of these Terms shall not affect any other provision of these Terms.
Activity Terms & Conditions
Additional terms may available in connection with particular activities or transactions if there are rules for the activity. These Terms do not alter in any way the terms or conditions of any other agreement you may have with us. Further, these Terms do not interfere with the separate contracts and privacy policies of third parties with whom you contract.
- You will not transfer any of your rights or obligations under these Terms to anyone else without our consent.
- Spuzzle may assign these Terms to any person or entity with or without your consent. You may not assign any rights or obligations of these Terms without Spuzzle’s written permission.
- If we fail to enforce any of these Terms, it will not be considered a waiver.
- If any portion of these Terms is found to be unenforceable, the remaining portion will remain in full force and effect.
- Nothing in these Terms shall prevent us from complying with the law.
- These Terms do not confer any third party beneficiary rights.
- We will not be liable for any delay or failure to perform resulting from causes outside the reasonable control.
These Terms constitute a binding agreement between you and Spuzzle, Inc. and is accepted by you upon your use of Spuzzle Systems.