Terms & Conditions
Updated 11/2/21
contents
Conditions of Use
Terms of Use
Personal Information & Cookie Policy
Services
Delivery Terms
Payment Terms
Orders
Returns & Refunds
Modification & Discontinuation
Errors & Omissions
Disclaimer of Warranties
Exclusion of Liability
Your Indemnification Obligations
Intellectual Property
User Content
Removal of User Content
Links to Third-Party Websites, Materials, or Services
Law & Jurisdiction
Severability
Miscellaneous
Website Accessibility
Links to Our Other Policies
Conditions of use
The Word & Wonder site, located at www.wordandwonder.org, is the property of Word & Wonder Creative, LLC (“Word & Wonder,” “we,” “us,” “our”). Your download, installation, or use of our site and any of our services, including the purchase of products, made available through the site (referred to as the “Site”) is subject to your agreement to the terms and conditions set forth herein (the “Terms”). By accessing, registering to access, or otherwise using any part of the Site you agree to be bound by these Terms, and your use shall be deemed to be your (and if acting on behalf of a third party or entity, such third party’s or entity’s) agreement to abide by these Terms (references in these terms and conditions to “you” include you and any such third party or entity). IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT ACCESS OR USE THE SITE OR USE OUR SERVICES.
Word & Wonder may revise, update, or otherwise change these Terms at any time by posting updated terms on the Site. The date these Terms were last updated appears at the top of this page. Please check this page from time to time so that you are aware of any changes. All changes are effective immediately when posted and apply to all access and use of the Site thereafter. We may send you an email notice of the revised terms, but such notice is provided for your convenience only. If you do not agree to any change, your only remedy is to stop using the Site. If you continue to use the Site after an update is posted, you will be deemed to have accepted the changes. If you have any questions about these Terms, please contact us at: info@wordandwonder.org
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
terms of use
By agreeing to these Terms & Conditions, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given consent to allow any of your minor dependents to use this site.
Your permitted download, install, and use of the Site and Information (as defined in the Intellectual Property Section) is limited to personal, non-commercial use. You are not granted any rights in or to the Site, any services or any information provided on or through the Site, other than the limited, non-transferrable right to download, install, or use (as applicable) the Site in accordance with these Terms and the policies and procedures that Word & Wonder may adopt and make available on the Site from time to time.
Acceptable Use
Your permitted use of the Site is limited to the standard functionality of a website or mobile application, as applicable. In no event may the Site be used in a manner that: (i) is unlawful, fraudulent or deceptive; (ii) harasses, abuses, stalks, threatens, defames, impersonates, or otherwise infringes or violates the rights of any third party (including, without limitation, the rights of publicity or other proprietary rights); (iii) uses technology or other means not authorized by Word & Wonder to access Information; (iv) attempts to introduce viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment; (v) attempts to gain unauthorized access to Word & Wonder’s systems, user accounts, or user personal information or login credentials; (vi) encourages conduct that would constitute a criminal offense or that gives rise to civil liability, (vii) attempts to damage, disable or overburden Word & Wonder’s servers or networks, or (viii) fails to comply with applicable third party terms (e.g., wireless carrier terms of service). Word & Wonder reserves the right to terminate your services or bring legal action against you if you use the Site in a manner that violates these Terms. Word & Wonder’s failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms.
If you register an account on the Site, you are solely responsible for maintaining the confidentiality of your username, password and any other login credentials. You are responsible for all activity that occurs through your account, so if your credentials are used in an unauthorized manner, you must contact us immediately. You agree that you are solely responsible for your interaction with any other users of the Site, whether through the Site or through other means. Word & Wonder is not responsible or liable for the conduct of any other user or person.
personal information / cookie policy
You acknowledge that when you download, install, or use the Site, Word & Wonder may use automatic means (including, for example, cookies and web beacons) to collect information about your device and about your use of the Site. You also may be required to provide certain information about yourself (such as name and email address) as a condition to downloading, installing, or using the Site or certain of its features or functionality, and the Site may provide you with opportunities to share information about yourself with others. All information we collect through or in connection with the Site is subject to our Privacy Policy , which is hereby incorporated into these Terms. By downloading, installing, using, and providing information to or through this Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. You agree to provide us with accurate information. We may update our Privacy Policy from time to time as permitted by applicable law at our sole discretion.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
Services
Word & Wonder allows users to browse, view, choose, and purchase various products (“Products”) on the Site. We provide content to complement our products, and all our content is provided for informational purposes only. We may, in our sole discretion, change, delete, update, modify or otherwise alter products and content at any time without providing you notice, and, in addition, we may change the pricing, and availability of products in our sole discretion at any time without providing you notice. All photos, videos, and other images of products on the Site are for illustrative purposes only. The actual product may vary from that shown on the Site. We make reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of products on the Site at any time does not guarantee that these products will be available for purchase. Our current prices can be found on the Site.
Delivery Terms
We shall endeavor to dispatch the goods to you as soon as possible after you place your order (subject to the order having been accepted by us, as will be confirmed to you by email), normally within 2 working days or less if the goods are in stock, and in any event within 30 days beginning on the day after you place your order. If we are unable to dispatch the goods within that time we will email to let you know and give you an estimated delivery date and you will have the right to cancel your order and receive a full refund as set out in that email.
For delivery within the Domestic US, standard shipments will be delivered by USPS Media Mail (5-8 business days). Free shipping within the US can be applied to any order over $25, and will be delivered by USPS Media Mail. USPS Priority shipping (1-3 business days) can be selected for an additional fee, as specified on the checkout page.
International standard or priority shipping options are available using USPS postal services. Depending on your country, you may owe duties, taxes, or import fees in addition to our shipping rates, which only cover the transit cost of the products.
*Please note that USPS and other carriers are experiencing significant delays. We kindly request for customers to wait up to 14 business days from when the order was shipped before contacting us. The email you received with your tracking information is the best source for updates and the timing of your order. We promise it’ll be worth the wait!
payment terms
When you order or pre-order a product from the Site (“Order”), you must provide us with information from your valid credit card (Visa, MasterCard, or any other issuer accepted by us) or PayPal account (“Payment Provider” and “Payment Provider Account”). You agree to pay all charges listed in the checkout process when you submit an Order in accordance with the fees, charges, and billing terms in effect at the time the charge is due and payable. Your Payment Provider agreement governs your use of the designated Payment Provider Account, and you must refer to that agreement, and not this TOS Agreement, to determine your rights and liabilities. By providing us with your Payment Provider Account, you agree that we are authorized to immediately charge your Payment Provider Account for all charges due and payable to us in connection with your Account and that no additional notice or consent is required. You agree to immediately notify us of any change in your billing address or Payment Provider Account used for payment hereunder. We may use a third party service provider for payment services (e.g., credit card transaction processing, merchant settlement, and related services). Information that you submit to the Website will be transmitted to and shared with these third parties, which may be located in other countries, in order to provide the Services, including but not limited to transaction processing and fraud protection. We reserve the right at any time to change billing methods, either immediately upon posting on the Site or by email delivery to you. Payment value will be in US dollars unless otherwise specified on the Site.
Our charges may be net of any applicable Sales Tax (defined below)that may be due in connection with the products provided under this Agreement. Please refer to your purchase receipt to determine whether your purchase includes the applicable Sales Tax. If Word & Wonder determines any Products, or payments for any Products, under this TOS Agreement are subject to Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to Word & Wonder, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and you will indemnify us for any liability or expense we may incur in connection with such Sales Taxes. Upon our request, you will provide us with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. For purposes of this Section, “Sales Tax” shall mean any sales or use tax, and any other tax measured by sales proceeds, that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.
We may, in our sole discretion, create discounts and promotional codes that may be redeemed for promotional value in your Account, or other features or benefits, subject to any additional terms that we establish on a per promotional code basis (“Promo Codes”). Promo Codes may only be used once per person. Only Promote Codes sent to you through official Word & Wonder communications channels are valid. You agree that Promote Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by us; (iii) may be disabled by us at any time for any reason without liability to us; (iv) may only be used pursuant to the specific terms that we establish for such Promo Code; (v) have no monetary value and are not redeemable for cash or any cash equivalent; and (vi) may expire prior to your use.
orders
By submitting an Order for a Product with us you: (i) agree to purchase that product, (ii) represent that you are an authorized user of the Payment Provider Account provided, and (iii) represent that you are of legal age to use the Payment Provider Account provided. Each Order that you submit to us constitutes an offer to purchase. If you do not receive a message from us confirming receipt of your Order, please contact us at info@wordandwonder.org before re-entering your Order. Our confirmation of receipt of your Order does not constitute our acceptance of your Order. We are only deemed to have accepted your Order once the product(s) you ordered have been shipped.
When you submit your Order, we may verify certain items before your Order if fulfilled, including your personal information, payment information, and creditworthiness.
Although we strive to accept all valid Orders, we reserve the right to limit, modify, deny or cancel any Order (including replacement Orders) for any reason, including if: (i) we discover an error, inaccuracy, or omission in pricing and/or other information about the product or receive insufficient or erroneous billing, payment and/or shipping information, (ii) we suspect an Order has been placed using stolen payment card information or otherwise appears to be connected to fraud, unauthorized reselling or another violation of this TOS Agreement, (iii) the ordered products is unavailable due to discontinuance or otherwise, (iv) the Order is connected with a previous payment dispute, or (v) the Order is associated with a user whom we suspect of abusing our Return Policy or of otherwise making fraudulent claims for product replacements or refunds based on unfounded quality control, lost package, wrong items, or order processing error complaints, or other false information. If any product is discontinued or otherwise becomes unavailable, we reserve the right to cancel your Order and provide you a refund for the amount paid for the product.
Pricing and shipping information, including the total amount to be charged to your Payment Provider Account, will be displayed during the checkout process before you submit your Order. All prices and products, even after you submit your Order, are subject to change. For more information about product pricing, please visit the page for that product on the Site.
To protect our goodwill and the intellectual property rights of Word & Wonder and its licensors and suppliers, any resale of products and Gift Cards for personal and/or business profit without our prior express written consent is strictly prohibited. Except as may be previously and expressly authorized by us in writing, we also prohibit the offering, use, transfer, or acceptance of our products and Gift Cards for promotional purposes (e.g., as prizes in contests or sweepstakes) or in connection with any lottery, raffle or wagering scheme. We reserve the right to bar any users we suspect of violating this Section (or any other provision of this TOS Agreement) from further use of our properties and to refuse, limit or cancel any related Orders and/or suspend or cancel any related Accounts.
We reserve the right to:
- Refuse any Order you place with us;
- Correct any errors, inaccuracies or omissions (including the price) with regard to the products or services offered;
- Change or update information in connection with any products offered;
- Modify or cancel your Order, even after your Order has been confirmed, without notice or liability to you; and
- Limit, reject, modify, or cancel Orders, in our sole discretion, that appear to be placed by resellers or other unauthorized parties.
If we modify or cancel your Order, we will attempt to notify you at the last email address you provided us.
returns & refunds
If your product is defective, let us know and we’ll be happy to make it right. Please use our Return Request Form or email us at info@wordandwonder.org with the item name, reason for your dissatisfaction, and whether you would like a refund or exchange. We will reply with next steps, and may ask you to submit proof of the defect or return the item by mailing it to the address below. More information on our limited product warranty is stated below.
If you want to return your item because you don’t want it anymore, let us know within 30 days. Unfortunately, we can’t offer you a refund or exchange if you do not contact us within 30 days of placing your order. To be eligible for a return, your item must be unused, in the original packaging, and in the same condition that you received it. We require a receipt, order number, or other proof of purchase in order to complete your return. If you purchased Word & Wonder products from a third-party re-seller or retailer, please return your item(s) to the store where you purchased it.
Returns should be addressed to:
Returns
Word & Wonder Creative, LLC
2320 Wyckwood Drive
Aurora, IL 60506 USA
You will be responsible for paying for your own shipping costs for returning your item. If you are shipping items worth over $75, you should consider using a trackable shipping service or purchasing shipping insurance. We cannot guarantee that we will receive your returned item.
Refunds
Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund. If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment.
We are not able to offer partial refunds for items that are not in their original condition or items that are returned more than 30 days after delivery.
If you haven’t received a refund yet, contact your bank or credit card company; it may take some processing time before your refund is officially posted. If you’ve done this and you still have not received your refund, please email us at info@wordandwonder.org.
modification & discontinuation
We reserve the right at any time, and from time to time, to withdraw, amend, delete, suspend or discontinue, temporarily or permanently the Site (or any portion thereof) or the information, materials, products, or the Site (or any part thereof), in our sole discretion without notice. Word & Wonder may, from time to time. in its sole discretion, develop and provide Site updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Word & Wonder has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your device settings, when your device is connected to the internet either: (a) the Site will automatically download and install all available Updates; or (b) you may receive notice of or be prompted to download and install available Updates. You agree to promptly download and install all Updates and acknowledge and agree that the Site or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Site and be subject to all terms and conditions of this Agreement.
From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users. We reserve the right to deny use of or force forfeiture of any username for any reason at any time. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension, discontinuance, or restricted access to any part of the Site or any username. Your violation of these Terms may, in Word & Wonder’s sole discretion, result in termination of your account or Site access. In the event of termination of your account or your access to the Site, your User Content and any Custom Provided Content will no longer be accessible to you through your account. You may terminate these Terms by discontinuing all use of the Site and deleting the Site and all copies thereof from your device. Any later download, install, or use the Site thereafter shall be subject to the then current version of these Terms. Termination will not limit any of Word & Wonder’s rights or remedies at law or in equity.
ERRORS & OMISSIONS
Word & Wonder attempts to be as accurate as possible. However, Word & Wonder does not warrant that product descriptions and website content is accurate, free of errors, complete or current. If any product ordered from the Site that you receive isn’t described as shown on the Site, it can be returned – unused – as described in our returns policy.
In the event a product is listed on the Site at an incorrect price or with incorrect information, orders for such products will be revised to reflect the correct price or information. Word & Wonder reserves the right to reject or cancel any orders placed on the Site.
disclaimer of warranties
Word & Wonder cannot and does not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Site for any reconstruction of any lost data. UNLESS THE SITE EXPLICITLY AND EXPRESSLY STATES OTHERWISE, TO THE FULLEST EXTENT PROVIDED BY LAW, WORD & WONDER WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OR DOWNLOADING OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.
YOUR USE OF THE SITE, ITS CONTENT, AND ALL SERVICES AND PRODUCTS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. UNLESS EXPLICITLY PROVIDED OTHERWISE HEREIN, THE SITE, ITS CONTENT, AND ANY SERVICES OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE WORD & WONDER PARTIES (AS DEFINED IN THE USER CONTENT SECTION) NOR ANY PERSON ASSOCIATED WITH WORD & WONDER MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE WORD & WONDER PARTIES NOR ANYONE ASSOCIATED WITH WORD & WONDER REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, WORD & WONDER HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
The information and all other materials on the Site are provided for general information purposes only. It is your responsibility to evaluate the accuracy and completeness of all information, statements, opinions, and other material on the Site or any website with which it is linked.
exclusion of liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL WORD & WONDER, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, THE SERVICES, ANY SITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE, INCLUDING ANY AND ALL DAMAGES RESULTING FROM: (A) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (B) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (C) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR (D) ANY OTHER MATTER RELATING TO THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH SITE AND SERVICES IS TO STOP USING THE SITE AND SERVICES. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
your indemnification obliGations
You agree to defend, indemnify, and hold harmless Word & Wonder, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to: (i) your violation of these Terms, any other agreement you have entered into with Word & Wonder, and any representation or warranty contained herein or therein; (ii) your use of the Site, including, but not limited to, your use of information obtained from the Site, your connection to the Site, and any activity related to access to or use of your account by you or any other person; (iii) your User Content; (iv) your violation of any third party right, including without limitation any intellectual property or privacy rights; (v) your activities in connection with obtaining any products or services from us; or (vi) your violation of applicable law.
Word & Wonder reserves the right, in its discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Word & Wonder in asserting any available defenses, and you will reimburse Word & Wonder for all costs incurred in its assumption of the defense.
intellectual property
The Site contains information proprietary to Word & Wonder and its business partners and customers (the “Information”) including but not limited to (i) the Site’s look and feel, embodied know-how, ideas, concepts, videos, designs, images, and other content, and (ii) information and data related to Word & Wonder, its business partners, and its or their customers or end users. You acknowledge that this Information may be treated as confidential by Word & Wonder, its business partners, and customers and agree to take all reasonable measures to protect the confidentiality of the Information. The Site and its entire contents, features, and functionality (including but not limited to all information, software, code, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), excluding your User Content, are owned by Word & Wonder, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You do not acquire any ownership interest in the Site under these Terms, or any other rights thereto other than to use the Site in accordance with, and subject to all terms, conditions, and restrictions, set forth in these Terms.
You agree: (i) not to reproduce, duplicate, retransmit, copy, publicly display, sell, resell, rent, lease, lend, sublicense, distribute, publish, transfer, make available to third parties, or use the Site or Information for business or commercial purposes without Word & Wonder’s prior written consent in each instance; (ii) not to reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Site or any part thereof; (iii) not to alter or remove any consent or other proprietary notice or legend on the Site or any of the Information: and (iv) not to remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Site. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other U.S. and international laws.
Trademarks
All rights regarding any trademarks, trade names, service marks, logos or trade dress (collectively, “Marks”) contained in, or used in connection with, the Site and Word & Wonder products are expressly reserved by Word & Wonder and its licensors. The Marks, and all associated logos or images, are registered or common law trademarks of Word & Wonder and its licensors, and are protected by United States and international laws and treaties. No license with respect to the use of the Marks is granted to you under these Terms or by virtue of your use of the Site. The Marks may not be copied, imitated or used, in whole or in part, without the prior written consent of Word & Wonder or the applicable rights holder.
user content
The Site may allow you to upload photographs, reviews, videos, designs, images, drawings, graphics, artwork, works of authorship, or other content or materials (“User Content”). You are solely responsible for your User Content and the consequences of submitting and publishing User Content via the Site and related Word & Wonder platforms. Any User Content you post to the Site will be considered non-confidential and non-proprietary.
You represent and warrant that: (a) you own or control all rights in and to the User Content and have the right to grant the license described below to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns; (b) all of your User Content does and will comply with these Terms.
You retain ownership of your User Content and hereby grant to Word & Wonder and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns a non-exclusive, royalty-free, transferable, worldwide, perpetual, irrevocable right and license to use, reproduce, modify, adapt, publish, translate, transmit, distribute (through multiple tiers), create derivative works of, and publicly display your User Content, in whole or in part, and to grant and authorize sublicenses of the foregoing, without any compensation to you or to any third party, via the Site and for Word & Wonder’s business purposes, including sale of products bearing the User Content to customers and third party retailers, in any media now known or hereafter developed. You also grant to other users of the Site a non-exclusive license to access your User Content, and to use, reproduce, create derivative works of, adapt, publish, transmit, distribute and publicly display such User Content subject to these Terms. You grant Word & Wonder the right to identify you as the author of any such User Content by name, email address, screen name, likeness, or other identifying information, and you acknowledge that Word & Wonder has the right, but is not obligated, to use any such User Content and that Word & Wonder may stop using such User Content at any time for any reason.
You agree not to submit, upload, or otherwise make available via the Site, any User Content or materials that: (i) are unlawful, threatening, abusive, harassing, defamatory, libelous, obscene, vulgar, profane, injurious to third parties, or which invade another person’s privacy, further the commission or concealment of a crime, or are otherwise objectionable as determined by Word & Wonder; (ii) you do not have the rights necessary to use, transmit, publish, or to grant Word & Wonder the license as described herein; (iii) are deceptive or misrepresent your identity or affiliation with any person or entity; (iv) infringe any patent, trademark, trade secret, copyright, or other intellectual property right, or otherwise violate the legal rights (including the rights of publicity and privacy) of others; (v) contain photographs or images of people who have not given permission for their photographs to be used by you in such a manner; or (vi) otherwise violate these Terms. You acknowledge that Word & Wonder has no obligation to monitor or screen User Content or other materials submitted to the Site. Word & Wonder shall have the right (but not the obligation) to reject, remove, or delete any User Content and other materials for any or no reason. Word & Wonder also has the right take any action, including legal action, with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates these Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public, or could create liability for Word & Wonder. YOU EXPRESSLY WAIVE AND HOLD HARMLESS WORD & WONDER AND ITS AFFILIATES, AND ITS AND THEIR EMPLOYEES, MANAGERS, OFFICERS, CONTRACTORS, REPRESENTATIVES, AGENTS, LICENSEES, AND SERVICE PROVIDERS (COLLECTIVELY, “WORD & WONDER PARTIES” FROM ANY CLAIMS, DAMAGES, OR LIABILITIES RESULTING FROM ANY ACTION TAKEN BY WORD & WONDER DURING, OR AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER WORD & WONDER OR APPLICABLE AUTHORITIES IN CONNECTION WITH YOUR USER CONTENT.
You understand and agree that Word & Wonder does not control and is not responsible for any content made available through the Site by you or other users. Your use of, or reliance on, any information contained in such content is at your own risk. Under no circumstances will Word & Wonder be liable for any User Content, any other third-party content or materials, or any loss or damage resulting from your use of, or reliance on, such content.
removal of user content
We cannot and do not undertake to review all material before it is posted on the Site, and we cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or User Content provided by any user or third party. However, on certain pages of the Site, Word & Wonder may provide you with a tool to report objectionable User Content. If that tool is not available, you can report objectionable User Content by contacting us using the information provided below. Word & Wonder does not have any obligation to remove any User Content from the Site, but we will review all such requests and remove User Content that we determine should be removed, in our sole discretion and in accordance with these Terms and applicable law. Please be aware, however, that if User Content has already been distributed to other websites or published in other media, or printed and/or sold on products, Word & Wonder will not be able to recapture and delete it. A back-up or residual copy of the User Content that Word & Wonder removes from the Site may remain on backup servers. Word & Wonder does not knowingly violate or permit others to violate the copyright rights of others. We will promptly remove or disable access to material that we know is infringing or if we become aware of circumstances from which infringing activity is apparent.
If you are requesting removal of content because of a violation of your copyright rights, please note that the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under United States copyright law. If you believe that your work, or the work of a third party for whom you are authorized to act, is featured on the Site or has been otherwise copied and made available on the Site in a manner that constitutes copyright infringement, please notify us immediately. In accordance with the DMCA, your notice must be in writing and must include:
- an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed or, if the claim involves multiple works on the Site, a representative list of such works;
- a description of where the material that you claim is infringing is located on the Site (including the URL, title or item number if applicable, or other identifying characteristics) so that we are able to locate it;
- your name, address, telephone number, and email address, and, if you are not the owner of the copyright, the name of the owner;
- a written statement by you that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Your statement must be addressed as follows:
Copyright Agent
Word & Wonder Creative, LLC
2320 Wyckwood Drive
Aurora, IL 60506 USA
info@wordandwonder.org
Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident. Please be aware that if you knowingly materially misrepresent that material or activity on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
We have the right to disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
links to third party websites, materials, or services
The Site may contain links or advertisements to other websites, products, or services provided or maintained by third parties. An advertisement of, or link to, a non-Word & Wonder website, product, or service does not mean that Word & Wonder approves, endorses, or accepts any responsibility for that website, its content or use, or the use of products and services made available through such website. Such websites, products, and services are not investigated, monitored, or checked for accuracy, completeness or conformance with applicable laws and regulations by us. We do not make any representations whatsoever, or give any warranties of any kind, expressed, implied or otherwise about other websites that you may access through our Site, the content thereof, or the products or services made available through such websites. If you decide to leave the Site and access other websites, you do so at your own risk. All rules, policies (including privacy policies) and operating procedures of such websites will apply to you while accessing and using such websites. We are not responsible for the actions, content, accuracy, opinions expressed, privacy policies, products or services provided through these links or made available through these resources or appearing in such websites, nor for any damages or losses, directly or indirectly, caused or alleged to have been caused as a result of your use or reliance on such websites. Your use of any third-party social networking website in connection with your use of the Site may cause personally identifying information to be publicly disclosed or associated with you. You agree that any use of a social networking website in connection with your use of the Site is at your own risk, and you will hold Word & Wonder harmless for activity and information sharing related to such third-party social networking websites.
Some of the services available through the Site are supported by advertising revenue and may display advertisements and promotions. You hereby agree that Word & Wonder may place such advertising and promotions on the Site or on, about, or in conjunction with your User Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice.
law & jurisdiction
Any dispute relating to any activity on www.wordandwonder.org or the purchase of any Word & Wonder products shall be submitted to confidential arbitration in Illinois, Kate County, unless you have in some way threatened or violated Word & Wonder’s intellectual property rights, whereby Word & Wonder may seek an injunctive.
These Terms shall be subject to, governed by and construed under the laws of the State of Illinois in the United States of America, without regard to conflict of law principles. The Site is operated from the State of Illinois and is intended to be accessed only by persons in the United States and Canada. Access to, or use of, the Site or information, materials, products, or services on the Site may be prohibited by law in certain countries or jurisdictions. You are responsible for compliance with any applicable laws of the country from which you are accessing the Site.
You hereby consent and waive all objections to the exclusive jurisdiction of the appropriate state court in Kane County and federal court in the State of Illinois and venue therein to resolve any controversy or claim of whatever nature arising out of or relating to use of the Site, products, and services. However, Word & Wonder retains the right to bring legal proceedings in any jurisdiction where we believe that a violation of these Terms is taking place or originating from.
severability
If any provision of these Terms is invalid, illegal, or unenforceable under any applicable statute or rule of law, such provision shall be deemed amended to achieve as nearly as possible the same economic effect as the original provision, and the remaining provisions of these Terms shall in no way be affected or impaired.
miscellaneous
These terms and conditions may not be modified by you. The following rights and obligations shall survive termination of this Agreement: (i) your representations and warranties, indemnification obligations, and use restrictions; (ii) Word & Wonder’s limitation of liability, waiver of warranties, and intellectual property rights; and (iii) any other right or obligation of the parties in this Agreement that, by its nature, should survive termination of this Agreement. The relationship between Word & Wonder and you, as established by these Terms, is that of independent contractors, and nothing contained herein shall be construed to constitute either party as the agent of the other party, or as partners, joint venturers, co-owners, employers/employees, franchisors/franchisees, or otherwise as participants in a joint or common undertaking. Word & Wonder exercises no control over you other than the ability to limit or terminate your ability to use the Site. Word & Wonder may assign its rights and responsibilities hereunder without notice to you, and these Terms will inure to the benefit of Word & Wonder’s successors, assigns, and licensees. Word & Wonder’s failure to exercise or enforce any right or provision of these Terms, or its delay in taking actions permitted herein, does not constitute a waiver of any of the rights or permissions granted herein, including its right to enforce these Terms to the fullest extent possible. Word & Wonder’s failure to act with respect to a breach by you or others does not waive Word & Wonder’s right to act with respect to subsequent or similar breaches. Nothing in these Terms shall be deemed to confer any third-party rights or benefits. For purposes of these Terms, the word “including” and correlative terms shall mean inclusion without limitation, and the word “or” is not exclusive. Any headings contained herein are used only as a matter of convenience and reference, and are in no way intended to define, limit, expand or describe the scope of these Terms. All references to these Terms and the words “herein”, “hereof”, “hereto” and “hereunder” and other words of similar import refer to these Terms as a whole and not to any particular section. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party will not be applied in the construction or interpretation of these Terms.
To the extent that you access or use any portion of the Site via Apple Inc. or another mobile application platform provider (collectively, “Platform Provider”), you acknowledge and agree that these Terms are between you and Word & Wonder, not with Platform Provider, and Platform Provider is not responsible for the Site or the functionality or content thereof. Platform Provider has no obligation whatsoever to furnish any maintenance and support services with respect to the Site. Your right to use the Site through a Platform Provider is limited to use on devices that you own or control, unless you are accessing and using the Site via a permitted account on a family sharing or volume purchasing plan.
In the event of any failure of the Site to conform to any applicable warranty, then you may notify Platform Provider, and Platform Provider may refund the purchase price for the relevant Site to you; and, to the maximum extent permitted by applicable law, Platform Provider has no other warranty obligation whatsoever with respect to the Site. As between Platform Provider and Word & Wonder, Word & Wonder is responsible for any claims, losses, liabilities, damages, costs or expenses attributable to any failure of the Site to conform to any warranty, subject to the terms of these Terms. Platform Provider is not responsible for addressing any claims brought by you or any third party relating to the Site or your possession or use of the Site, including: (a) product liability claims; (b) any claim that the Site fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation. Platform Provider is not responsible for the investigation, defense, settlement and discharge of any third-party claim that your possession and use of the Site infringes that third party’s intellectual property rights. You agree to comply with any applicable third-party terms, when using the Site. Platform Provider and Platform Provider’s subsidiaries are third-party beneficiaries of these Terms and have the right (and will be deemed to have accepted the right) to enforce these Terms against you as third-party beneficiaries of these Terms. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
website accessibility
We strive to provide an excellent online experience for all visitors to our website. We believe all of our visitors should be able to easily navigate our website, regardless of whether the visitor has a need for assistive technologies like screen readers, magnifiers, voice recognition software or switch technology.
To ensure access, we are committed to maintaining compliance with the success criteria of the Website Content Accessibility Guidelines. The Web Content Accessibility Guidelines are recognized and acknowledged as the international standard measure of success. Our site is designed and developed with these guidelines in mind..
If you have questions or need assistance, or if you would like to report an issue relating to the accessibility of this Website, please use this link: info@wordandwonder.org