My Words Terms of Service
These My Words Terms of Service (the “Terms of Service”) describe the terms pursuant to which Jafferson Software, LLC (“My Words” “we” or “us”) offers you access to online services offered by My Words (including, but not limited to, services provided at or using the domain MyWordsApp.com) (the “Site”), and tools or applications (including, but not limited to, mobile and other software applications) (the “Applications”) related to the Site (collectively, the “Service”). These Terms of Service apply when you access, visit or use any portion of the Service. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, THEN YOU SHOULD DELETE THE APPLICATIONS FROM YOUR DEVICE AND YOU SHOULD NOT ACCESS OR USE the Service.
1. Acceptance of the Terms of Service. You accept these Terms of Service and agree to be bound by these Terms of Service when you access, visit or use the Service or create a My Words Account (as defined below). Please read these Terms of Service carefully because they govern your access to and use of the Service and set forth legally binding terms applicable to your use of our Service.
Notice Regarding Dispute Resolution: These Terms of Service contain provisions that govern how claims you and My Words have against each other are resolved (see Section 16 (Limitation of Liability), Section 20 (Choice of Law and Forum) and Section 21 (Arbitration Agreement and Waiver of Class Action Remedies) below). It also contains an Agreement to Arbitrate (see Section 21(A)), which will, with limited exception, require you to submit claims you have against us to binding and final arbitration, unless you opt-out of the Agreement to Arbitrate in accordance with Section 21(D). Unless you opt-out: (A) you will only be permitted to pursue claims against My Words on an individual basis, not as part of any class or representative action or proceeding and (B) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
2. Amendments. We may amend these Terms of Service from time to time. We will post any material changes to these Terms of Service on the Site with a notice advising of the changes at least thirty (30) days before the effective date of the changes. We will also notify you of material changes to these Terms of Service by sending an email at least thirty (30) days before the effective date of the changes to the email address you most recently provided to us. We encourage you to keep the email address you provide to us current, and to promptly notify us of any changes to your email address, so that you may receive any notices we send to you regarding material changes to these Terms of Service.
If you do not agree to the new terms, you may terminate your account within the applicable thirty (30) day period and you will not be bound by the new terms. Otherwise, the new terms will take effect after thirty (30) days.
4. My Words Accounts and Registration. To access the full functionality of the Service, you must create an account on the Site with which your Registration Data (as defined below), User Content (as defined below), or other information will be associated (a “My Words Account”). You may be able to use certain portions the Service without creating a My Words Account, but you will not be able to access some features of the Service unless you create a My Words Account. You can create a My Words Account by directly registering through the Service. By creating a My Words Account you represent that you are: (i) over the age of twenty-one (21); (ii) of legal age to form a binding contract; and (iii) not barred from using the Service under the laws of the United States or any other jurisdiction from which you access the Service.
A.Creating an Account. By creating a My Words Account, you agree to: (i) provide true, accurate, current and complete information about yourself, such as your name, birthday, location, and other biographical information, as prompted by the Service’s registration form (the “Registration Data”); (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete; and (iii) not use the name of another person with the intent to impersonate that person or in a way that otherwise causes confusion as to the origin of your account. If you provide any information that is untrue, inaccurate, not current or incomplete, or that impersonates another person, or if My Words has reasonable grounds to suspect that the information you provide is untrue, inaccurate, not current or incomplete, or impersonates another person, My Words may suspend or terminate your account and refuse to allow you to use the Service at any time.
B. Termination of Your Account. You may terminate your account at any time by contacting us at apps@MyWordsApp.com or by deleting your account through the account settings link on your My Words profile page. If you terminate your account you may still be able to access and view certain portions of the Site, but you will not have access to any of the customized features and content that are available to registered users of the Service, such as your My Words profile page. We may also terminate your account, or impose limits on or restrict access to parts or all of the Service at any time, without notice or liability.
5. Ownership of the Service. Except for User Content (as described below in Section 7), you agree that My Words and its licensors or partners own all rights, title and interest in the Service and all materials provided by us in connection with the Service, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights or photographs, (the “My Words Content”), and all intellectual property rights related to the My Words Content. You may not (and you may not allow any third party to) copy, modify, create a derivative work from, decompile, reverse engineer, reverse assemble or otherwise attempt to discover any source code of the Service. The My Words name, logo and symbols and related names are trademarks and service marks of My Words (the “My Words Marks”). You agree not to display or otherwise use any My Words Marks without My Words’s prior written consent.
6. User Content.
A. Responsibility for User Content. If you have a My Words Account you may be able to post, add, upload, e-mail, transmit or otherwise make available content through the Service including word lists, comments, data, text, photographs, graphics, messages, tags, images, illustrations, or other materials (“User Content”). All User Content posted by you will be associated with your My Words Account. You, and not My Words, will be solely responsible for all User Content associated with your My Words Account, and other users of the Service, and not My Words, are similarly responsible for the User Content associated with their My Words accounts. By posting User Content on the Service, you agree to assume full responsibility for the applicable User Content and represent that: (i) you are the sole owner of all User Content that you make available through the Service or that you have all rights, licenses, consents and/or releases necessary to make your User Content available through the Service and to grant to My Words the rights to your User Content described in these Terms of Service, (ii) the User Content does not and will not infringe the rights of any third party, including any intellectual property rights, publicity rights or rights of privacy, and (iii) all of your User Content and other information that you provide to us is truthful and accurate. Please remember that the Service is a public platform and that other users of the Service may search for, see and/or use any User Content that you make publicly available through the Service. My Words has the right, but not the obligation, to pre-screen, refuse, or remove any User Content that violates these Terms of Service or that it otherwise deems objectionable. Should your account or your User Content be removed from the Service, My Words reserves the right to retain your User Content for backup, archival, or audit purposes.
B. Content on the Service. My Words is an internet service provider per Title 17, Section 512 of the United States Code and does not assume any duty to monitor the Service for inappropriate or unlawful User Content. My Words is not responsible for, nor does My Words necessarily hold the opinions expressed by, any User Content. Opinions and other statements expressed by users of the Service are theirs alone. Users are fully responsible for the accuracy and completeness of the User Content that they contribute to the Service. My Words does not endorse, guarantee, or assume any responsibility, obligation or liability relating to the applicable User Content, including, but not limited to, liability for third-party claims against users of the Service for defamation, libel, slander, infringement, invasion of privacy, violation of publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation.
7. My Words’s Rights in User Content. My Words does not claim ownership of your User Content. However, you grant My Words a perpetual, worldwide, royalty-free, non-exclusive, sub-licensable, transferable and irrevocable right and license to use, distribute, publish, reproduce, copy, modify, adapt, publicly perform and publicly display your User Content and to incorporate your User Content into any form, medium or technology, and to exercise any and all copyright, trademark, publicity, and database rights you have in your User Content in any media known now or in the future in connection with the Service, all without compensation to you. You release My Words from and against any and all claims of any kind which you may have against My Words in connection with such use, including, but not limited to, those based on rights of publicity or privacy. You understand that the technical processing and transmission of data associated with the Service, including your User Content, may require: (i) transmissions over various networks; and (ii) changes to your User Content to conform and adapt to technical requirements of connecting networks or devices.
8. Prohibited User Content. While using the Service, you agree that you will not upload, post, e-mail, transmit, or otherwise make available any User Content that:
9. Prohibited User Conduct. While using the Service, you agree not to engage in any of the following prohibited activities:
10. User Feedback. My Words welcomes and encourages your feedback, but please do not submit any proprietary or confidential information, suggestions or materials via email, the Service or any other method. By submitting opinions, suggestions, feedback, and/or proposals through the Service, or through any other communication with My Words, you acknowledge and agree that: (A) the suggestions or feedback you provide will not contain confidential or proprietary information; (B) My Words is not under any obligation of confidentiality, express or implied, with respect to the suggestions and feedback you provide; (C) My Words shall be entitled to use or disclose (or choose not to use or disclose) the suggestions and feedback you provide for any purpose, in any way, in any media worldwide; (D) My Words may have similar ideas to the suggestions and feedback you provide already under consideration or in development; (E) the suggestions and feedback you provide will automatically become the property of My Words without any obligation of My Words to you and you hereby assign all of your rights in the suggestions and feedback to My Words; (F) you are not entitled to any compensation or reimbursement of any kind from My Words under any circumstances, and (G) you will not submit any materials that you do not have the right to make available under any law or contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements). You expressly agree that you will solely bear any liability related to your submission of these materials through the Service or to My Words.
11. Links to Other Websites. The Service may contain links to third party websites, resources or data, and other users of the Service may post links to third party websites, resources or data. You acknowledge and agree that My Words is not responsible or liable for the availability of these websites or resources, or for any content, advertising, products, services or other materials on or available through these websites or resources, including payment or delivery of such goods or services from these websites. You also acknowledge that you are solely responsible for and assume all risk arising from the use of any of these websites, resources or data. Links to third party websites on the Service are not intended as endorsements or referrals by My Words of any products, services or information contained on the applicable websites. These Terms of Service do not apply to third party websites, including the content of and your activity on those websites. You should review third-party websites’ terms of service, privacy policies and all other website documents, and inform yourself of the regulations, policies and practices of third-party websites.
12. Disclaimer of Warranties. The Service IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, jafferson software, LLC AND ITS PARENTS, SUBSIDIARIES, PARTNERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, THE “MY WORDS PARTIES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE MY WORDS PARTIES DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICE OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY PRODUCT DESCRIPTIONS OR DEPICTIONS, OR OTHER CONTENT OFFERED AS PART OF THE SERVICE, ARE ACCURATE, RELIABLE, CURRENT OR COMPLETE.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. IF YOU DOWNLOAD ANY CONTENT FROM the Service, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT through the SErvice. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO the SErvice OR ANY FEATURE OR PART THEREOF AT ANY TIME. THE MY WORDS PARTIES ASSUME NO RESPONSIBILITY FOR THE DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT OR PERSONALIZATION SETTINGS.
13. Limitation of Liability. YOU UNDERSTAND AND AGREE THAT THE MY WORDS Parties WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF a MY WORDS Party HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR USE OR ACCESS OF, OR INABILITY TO USE or access, the Service.
14. Abusing My Words. Please report problems, offensive content, and policy violations to us by sending us an email at apps@MyWordsApp.com. We reserve the right, but have no obligation, to remove any User Content from the Service at any time in our discretion. In addition, without limiting other remedies, we may, in our sole discretion, limit, suspend, or terminate the Service and user accounts, prohibit access to the Service, and its content, delay or remove hosted content, and take technical and legal steps to keep users from using the Service, if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies (for example, and without limitation, circumventing temporary or permanent suspensions or harassing our employees or other users).
15. Copyright Policy. My Words respects the rights of content owners and asks that you do the same. You are responsible for any content that you make available through the Service. When sharing any content that is owned by third-parties, such as photographs, images, articles or links, you should credit the original source. My Words is an internet service provider (ISP) and does not monitor the Site or other sharing tools for inappropriate or unlawful content.
My Words does provide content owners with the ability to notify My Words if they believe that their work has been used or shared in a way that constitutes copyright infringement. Copyright owners and their authorized agents may submit Digital Millennium Copyright Act (DMCA) notifications to My Words as set forth below. When we receive a valid DMCA notification, we will take down the applicable material and take reasonable steps to notify the user who posted the material. If the affected user sends us a valid counter-notification, we will restore access to the material unless we receive notice from the copyright owner that it has filed suit seeking a court order to restrain the alleged infringement, in which case, pursuant to the DMCA, access to the material will not be restored absent a court order.
A. Filing a Copyright Complaint. If you are a copyright owner or its agent and believe that any user content made available through the Service infringes upon your copyrights, you may submit a notification pursuant to the DMCA by providing My Words’s Copyright Agent (using the Copyright Agent contact information set forth below) with the following information in writing (pursuant to 17 U.S.C § 512(c)(3)):
You must provide notification of claimed infringement to My Words’s designated Copyright Agent by mail to Jafferson Software LLC, Legal Department, 4005 Carpenter Road, Ypsilanti, MI 48197 or by email to apps@MyWordsApp.com. You acknowledge that if you fail to comply with all of the requirements described in Section 17, your DMCA notification may not be valid.
If we receive a notification, we will send a copy of the notification to the user who posted the material addressed by your notification.
B. Responding to a Copyright Complaint with a Counter-Notice. If My Words notifies you that your content has been removed based on a copyright claim submitted, and you believe your content was removed in error, you have the option to file a counter-notice. To file a counter-notice, you should respond to the notice that you received with the following information:
When we receive your counter-notice, we will forward a copy of it to the person who filed the original copyright claim. If we do not receive notice within ten (10) business days that such person is taking further action, we may restore your content.
16. Indemnity. You agree to indemnify and hold the My Words Parties harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of: (A) your User Content; (B) your use of the Service; (C) your violation of these Terms of Service; or (D) your violation of any law rights of another party.
17. Choice of Law and Forum. The laws of the State of Michigan apply to these Terms of Service and to your relationship with the My Words Parties, without regard to conflict of law principles, and the parties irrevocably consent to bring any action to enforce this Agreement in the federal or state courts located in Michigan. You consent to the exclusive jurisdiction of the federal or state courts located in Wayne County, Michigan.
18. Arbitration Agreement and Waiver of Class Remedies.
A. Arbitration. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration. All claims arising out of or relating to these Terms of Service (including its formation, performance and breach) and your use of the Service shall be finally settled by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with the provisions of its Commercial Arbitration Rules and the supplementary procedures for consumer related disputes of the AAA, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms of Service, including, but not limited to, any claim that all or any part of these Terms of Service is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, we will pay the additional cost.
The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
B. Class Action Waiver. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this section is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
C. Exception- Litigation of Small Claims Court Claims. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
D. Thirty Day Right to Opt Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth this section by sending written notice of your decision to opt-out to the following address: Jafferson Software LLC, Legal Department, 4005 Carpenter Road, Ypsilanti, MI 48197. The notice must be sent within thirty (30) days of registering to use the Service, otherwise you shall be bound to arbitrate disputes in accordance with the terms set forth above. If you opt-out of these arbitration provisions, we also will not be bound by them. In addition, if you elect to opt-out of these arbitration provisions, we may terminate your use of the Service.
19. Special Provisions for Users Located Outside of the United States. The Service is intended for users in the United States and My Words’s policies and procedures are based on United States law. As a result, if you are using the Service from a country embargoed by the United States, or are on the United States Treasury Department's list of “Specially Designated Nationals,” you agree that you will not conduct any commercial activities using or through the Service.
20. Notices. Except as explicitly stated otherwise, legal notices shall be served on My Words’s national registered agent (in the case of My Words) or to the email address you have designated on your account (in your case). Notice to you shall be deemed given twenty-four (24) hours after the email is sent.
21. Assignability. You may not assign or delegate any right or obligation you have under these Terms of Service, whether by operation of law or otherwise, without the prior written consent of My Words. My Words may assign or delegate any right or obligation under these Terms of Service, whether by operation of law or otherwise, without your consent.
23. Headings. Headings are for reference purposes only and do not limit the scope or extent of such section.
24. Entire Agreement. These Terms of Service (including incorporated policies and rules) sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
25. No Oral Modifications. Employees of the My Words Parties are not authorized to modify the terms of these Terms of Service, either verbally or in writing. If any employee of the My Words Parties offers to modify these Terms of Service, he or she is not acting as an agent for the My Words Parties or speaking on our behalf. You may not rely, and should not act in reliance on, any statement or communication from an employee of the My Words Parties or anyone else purporting to act on our behalf.
26. Third Party Beneficiaries. These Terms of Service are between you and Jafferson Software, LLC. There are no third party beneficiaries.
27. Independent Contractor. No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms of Service.
28. Contact Information. If you have any questions about these Terms of Service or your account, you may contact us by email at apps@MyWordsApp.com or by postal mail at Jafferson Software LLC, Legal Department, 4005 Carpenter Road, Ypsilanti, MI 48197.