Terms of Service

Word Star® Crosswords and Word Star® Word Games Websites and Word Star DAILY CHALLENGE Crosswords Game APP (“Websites and Games”)

Last updated: June 5, 2020
 
Please Read Carefully Before Using Word Star Websites and Games:
 
Small Games Co. (“SGC”) owns and operates Websites and Games for social games and related services purposes. This webpage contains the Terms of Use governing your access to and use of Websites and Games. If you do not accept these Terms of Use or you do not meet or comply with their provisions, you may not use the Websites and Games.
 
TERMS OF USE ARE APPLICABLE TO ALL USERS
 
  1. Overview
    YOUR USE OF WEBSITES AND GAMES IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTING AND AGREEING TO THESE TERMS OF USE.

    IF THESE TERMS OF USE ARE NOT COMPLETELY ACCEPTABLE TO YOU, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF WEBSITES AND GAMES.
     
  2. Changes To Terms
    SGC may, at any time, for any reason and without notice, make changes to (i) Websites and Games, including its look, feel, format, and content, as well as (ii) the products and/or services as described in Websites and Games. Any modifications will take effect when posted to the Websites and Games. Therefore, each time you access the Websites and Games, you need to review the Terms of Use upon which access and use of Websites and Games is conditioned. By your continuing use of the Websites and Games after changes are posted, you will be deemed to have accepted such changes.
     
  3. Jurisdiction
    The Websites and Games are directed to those individuals and entities located in the United States. It is not directed to any person or entity in any jurisdiction where (by reason of nationality, residence, citizenship or otherwise) the publication or availability of the Websites and Games and its content, including its products and services, are unavailable or otherwise contrary to local laws or regulations. If this applies to you, you are not authorized to access or use any of the information on Websites and Games. SGC makes no representation that the information, opinions, advice or other content on the Websites and Games (collectively, "Content") is appropriate or that its products and services are available outside of the United States. Those who choose to access Websites and Games from other locations do so at their own risk and are responsible for compliance with applicable local laws.
     
  4. Accessing the Service, Scope of Use and User E-Mail
    By accessing or using the Websites and Games, you accept and agree to these Terms of Use and the Privacy Policy. You may also be required to have a valid account on the social networking service (“SNS”) through which you connect to the Websites and Games. If you access the Websites and Games from a SNS you shall comply with its terms as well as these Terms of Use. If you are under the age of 18, you represent that your legal guardian has reviewed and agreed to these Terms of Use.

    You are only authorized to view, use, copy for your records and download small portions of the Content (including without limitation text, graphics, software, audio and video files and photos) of the Websites and Games for your informational, non-commercial use, provided that you leave all the copyright notices, including copyright management information, or other proprietary notices intact.

    You may not store, modify, reproduce, transmit, reverse engineer or distribute a significant portion of the Content on the Websites and Games, or the design or layout of the Websites and Games or individual sections of it, in any form or media. The systematic retrieval of data from the Websites iand Games is also prohibited.

    E-mail submissions over the Internet may not be secure and are subject to the risk of interception by third parties. Please consider this fact before e-mailing any information. Also, please consult our Privacy Policy. You agree not to submit or transmit any e-mails or materials through the Websites and Games that: (i) are defamatory, threatening, obscene or harassing, (ii) contain a virus, worm, Trojan horse or any other harmful component, (iii) incorporate copyrighted or other proprietary material of any third party without that party's permission or (iv) otherwise violate any applicable laws. SGC shall not be subject to any obligations of confidentiality regarding any information or materials that you submit online except as specified in these Terms of Use, or as set forth in any additional terms and conditions relating to specific products or services, or as otherwise specifically agreed or required by law.

    The commercial use, reproduction, transmission or distribution of any information, software or other material available through the Websites and Games without the prior written consent of SGC is strictly prohibited.
     
  5. Copyrights and Trademarks
    The materials at the Websites and Games, as well as the organization and layout of the Websites and Games (including without limitation any games, titles, computer code, themes, objects, characters, dialogue, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, and server software), are copyrighted works owned by SGC and SGC reserves all rights and are protected by United States and international copyright laws and treaty provisions. WORD STAR is a registered trademark of SGC.

    YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN ANY COPYRIGHTS AND TRADEMARKS APPEARING IN THE WEBSITES AND GAMES.

    You may access, download and print materials on Websites and Games solely for your personal and non-commercial use; however, any print out of Websites and Games, or portions of the Websites and Games, must include SGC’s copyright notice. No right, title or interest in any of the materials contained on Websites and Games is transferred to you as a result of accessing, downloading or printing such materials. You may not copy, modify, distribute, transmit, display, reproduce, publish, license any part of Websites and Games; create derivative works from, link to or frame in another web site, use on any other web site, transfer or sell any information obtained from Websites and Games without the prior written permission of SGC.

    Except as expressly provided under the "Scope of Use" Section above, you may not use, reproduce, modify, transmit, distribute, or publicly display or operate Websites and Games without the prior written permission of SGC. You may not use a part of Websites and Games on any other web site, without SGC’s prior written consent.  

    SGC respects the intellectual property rights of others and expects our Users/ users to do the same. The policy of SGC is to terminate the accounts of repeat copyright offenders and other users who infringe upon the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at [email protected].
     
  6. Links
    For your convenience, we may provide links to various other web sites that may be of interest to you and for your convenience only.  However, SGC does not control or endorse such web sites and is not responsible for their content nor is it responsible for the accuracy or reliability of any information, data, opinions, advice, or statements contained within such web sites. Please read the terms and conditions or terms of use policies of any other company or website you may link to from our Websites and Games. These Terms of Use policy applies only to SGC’s Websites and Games and the products and services SGC offers.  If you decide to access any of the third party sites linked to  Websites, you do so at your own risk. SGC reserves the right to terminate any link or linking program at any time. SGC disclaims all warranties, express and implied, as to the accuracy, validity, and legality or otherwise of any materials or information contained on such sites.

    You may not link to Websites and Games without SGC’s written permission. If you are interested in linking to Websites and Games, please contact [email protected].
     
  7. No Unlawful Or Prohibited Use
    As a condition of your use of Websites and Games, you warrant to SGC that you will not use the Websites and Games for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Websites and Games in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Websites and Games. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

    YOU MAY NOT DISRUPT OR INTERFERE THE OPERATION OF WEBSITES  AND GAMES IN ANY MANNER, AND ANY SUCH ATTEMPT IS A VIOLATION OF SGC TERMS OF USE AND MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. 

    In no way may you engage in any act that SGC deems to be in conflict with the intent of the Websites and Games, without SGC written consent, modify or cause to be modified any files that are a part of the Websites and Games, post any information that is abusive, threatening, obscene, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive.
     
  8. Spamming
    Gathering email addresses from SGC through harvesting or automated means is prohibited.  Posting or transmitting unauthorized or unsolicited advertising, promotional materials, or any other forms of solicitation to other Users is prohibited.  Inquiries regarding a commercial relationship with SGC should be directed to: [email protected]
     
  9. No Warranties
    YOU EXPRESSLY AGREE THAT USE OF THE SEVICE IS AT YOUR SOLE RISK. THE WEBSITES AND GAMES, AND ANY CONTENT, ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, SYSTEMS INTEGRATION, ACCURACY, AND NON-INFRINGEMENT, ALL OF WHICH SGC EXPRESSLY DISCLAIMS. SGC DOES NOT ENDORSE AND MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF THE CONTENT, AND SGC WILL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY FAILURE OR DELAY IN UPDATING THE WEBSITES AND GAMES OR ANY CONTENT. WE HAVE NO DUTY TO UPDATE THE CONTENT OF THE WEBSITES AND GAMES. SGC MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR ANY RESULTS OR OTHER CONSEQUENCES OF ACCESSING THE WEBSITES AND GAMES AND USING THE CONTENT, AND FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY ACCESS, DOWNLOAD OR OTHERWISE OBTAIN IS FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. THIS WARRANTY DISCLAIMER MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY SGC.  SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION
     
  10. Governing Law, Location and Miscellaneous
    These Terms of Use shall be governed in all respects by the laws of the State of  Pennsylvania USA, without reference to its choice of law rules. If an applicable law is in conflict with any part of the Terms of Use, the Terms of Use will be deemed modified to conform to the law. The other provisions will not be affected by any such modification.
     
  11. Separate Agreements
    You may have other agreements with SGC. Those agreements are separate and in addition to these Terms of Use. These Terms of Use do not modify, revise or amend the terms of any other agreements you may have with SGC.
     
  12. DMCA  Copyright Policy and Copyright Agent
    SGC respects the intellectual property rights of others.  If you believe something on Websites and Games has infringed your intellectual property rights, please notify our agent and provide the following information:

    (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
    (ii) Identification of the copyrighted work claimed to have been infringed.
    (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled.
    (iv) Address, telephone number, and, if available, an electronic mail address where we may contact you.
    (v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
    (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

    Websites and Games Copyright Agent can be reached at: 
    Mark Small 
    4200 Thistlewood Road, Hatboro, PA 19040 215-696-5551
    [email protected]
     
  13. U.S. Resident
    You represent that you are a United States resident.
     
  14. Users Disputes
    You are solely responsible for your interactions with other Users of the Websites and Games, including information you post on, through or in connection with the Websites and Games and that you provide to others. SGC has no responsibility for and assumes no liability for this material. If you have a dispute with one or more users you release SGC (including our officers, directors, agents, subsidiaries, joint ventures and employees) form claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes, including damages for loss of profits, goodwill, use or data. SGC reserves the right, but has no obligation, to monitor disputes between you and other Users.
     
  15. User Submissions And Communications; Public Areas:
    You acknowledge that you own, solely responsible or otherwise control all of the rights to the content that you post or email; that the content is accurate; that use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity; and that you will indemnify SGC or its affiliates for all claims resulting from content you supply.

    If you make any submission to an area of the Websites and Games accessed or accessible by the public (“Public Area”) or if you submit any business information, idea, concept or invention to SGC by email, you automatically represent and warrant that the owner of such content or intellectual property has expressly granted SGC a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. SGC may sublicense its rights through multiple tiers of sublicenses.  If you wish to keep any business information, ideas, concepts or inventions private or proprietary, you must not submit them to the Public Areas or to SGC by email. We try to answer every email in a timely manner, but are not always able to do so.

    Some of the forums (individual bulletin boards and posts on the social network, for instance) or on the Websites and Games are not moderated or reviewed.  Accordingly, Users will be held directly and solely responsible for the content of messages that are posted. While not moderating the forums, the Websites and Games reviewer will periodically perform an administrative review for the purpose of deleting messages that are old, have received few responses, are off topic or irrelevant, serve as advertisements or seem otherwise inappropriate. SGC has full discretion to delete messages. Users are encouraged to read the specific forum rules displayed in each discussion forum first before participating in that forum.

    SGC reserves the right (but is not obligated) to do any or all of the following:

    (a) Record the dialogue in public chat rooms.
    (b) Examine an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).
    (c) Remove communications that are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms of Use.
    (d) Terminate a Member's access to any or all Public Areas and/or the SGC Websites and Games upon any breach of these Terms of Use.
    (e) Monitor, edit, or disclose any communication in the Public Areas.
    (f) Edit or delete any communication(s) posted on the SGC Website and Games, regardless of whether such communication(s) violate these standards.

    SGC reserves the right to take any action it deems necessary to protect the personal safety of our guests or the public. SGC has no liability or responsibility to users of the SGC Website and Games or any other person or entity for performance or nonperformance of the aforementioned activities.
     
  16. Arbitration
    Except as regarding any action seeking equitable relief, including without limitation for the purpose of protecting any SGC confidential information and/or intellectual property rights, any controversy or claim arising out of or relating to these Terms of Use of the Websites and Games shall be settled by binding arbitration in accordance with the commercial arbitration rules, in effect at the time the proceedings begin, of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be held in Philadelphia, Pennsylvania, USA. skwd

    All information relating to or disclosed by any party in connection with the arbitration of any disputes hereunder shall be treated by the parties, their representatives, and the arbitrator as proprietary business information. Such information shall not be disclosed by any party or their respective representatives without the prior written authorization of the party furnishing such information. Such information shall not be disclosed by the arbitrator without the prior written authorization of all parties. Each party shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings. 

    Judgment upon the award returned by the arbitrator may be entered in any court having jurisdiction over the parties or their assets or application of enforcement, as the case may be. Any award by the arbitrator shall be the sole and exclusive remedy of the parties. The parties hereby waive all rights to judicial review of the arbitrator's decision and any award contained therein.
     
  17. Limitation of Liability
    YOU AKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE WEBSITES AND GAMES AND CONTENT UNDER ANY CAUSE OF ACTION WHATSOEVER OF ANY JURISDICTION. YOUR USE OF THE WEBSITES AND GAMES AND CONTENT IS AT YOUR OWN RISK. SGC SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO, USE OF OR RELIANCE ON THE WEBSITES AND GAMES AND CONTENT (EVEN IF SGC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR THAT ARISE IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS OR FILES, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEBSITES AND GAMES OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE WEBSITES AND GAMES OR THE CONTENT.
     
  18. Indemnity
    You agree to defend, indemnify, and hold SGC, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use.
     
  19. Assignment
    SGC may assign the Terms of Use, in whole or in part, to any person or entity at any time with or without your consent. You may not assign any rights or obligations under the Terms of use without SGC’s prior written consent, and any unauthorized assignment by you is null and void.
     
  20. No Waiver
    The failure of SGC to require or enforce strict performance by you of any provision of these Terms of Use or the SGC Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of SGC’s right to assert or rely upon any such provision or right in that or any other circumstance.
     

License Agreement

  1. Small Games Co. (“SGC”) owns and operates Word Star DAILY CHALLENGE Crosswords (“WSDC”) App.
    This End User License Agreement (“Agreement”) is between you and SGC and governs use of this WSDC App. made available through the Apple App Store. By installing the WSDC App, you agree to be bound by this Agreement and understand that there is no tolerance for objectionable content. If you do not agree with the terms and conditions of this Agreement, you are not entitled to use the WSDC App.

    In order to ensure WSDC App provides the best experience possible for everyone, we strongly enforce a no tolerance policy for objectionable content. If you see inappropriate content, please email us a description of the “offensive content."
     
  2. Parties. This Agreement is between you and SGC only, and not Apple, Inc. (“Apple”). Notwithstanding the foregoing, you acknowledge that Apple and its subsidiaries are third party beneficiaries of this Agreement and Apple has the right to enforce this Agreement against you. SGC, not Apple, is solely responsible for the WSDC App. and its content.
     
  3. Privacy. WSDC App. may collect and use information about your usage of the WSDC App,, including certain types of information from and about your device. WSDC App. may use this information, as long as it is in a form that does not personally identify you, to measure the use and performance of the WSDC App.
     
  4. Limited License. SGC grants you a limited, non-exclusive, non-transferable, revocable license to use the WSDC App. for your personal, non-commercial purposes. You may only use WSDC App. on Apple devices that you own or control and as permitted by the App Store Terms of Service.
     
  5. Age Restrictions. By using the WSDC App, you represent and warrant that (a) you are 17 years of age or older and you agree to be bound by this Agreement; (b) if you are under 17 years of age, you have obtained verifiable consent from a parent or legal guardian; and (c) your use of the WSDC App does not violate any applicable law or regulation. Your access to the WSDC App may be terminated without warning if SGC believes, in its sole discretion, that you are under the age of 17 years and have not obtained verifiable consent from a parent or legal guardian. If you are a parent or legal guardian and you provide your consent to your child's use of the WSDC App., you agree to be bound by this Agreement in respect to your child's use of the WSDC App.
     
  6. Objectionable Content Policy. Content may not be submitted to SGC, who will moderate all content and ultimately decide whether or not to post a submission to the extent such content includes, is in conjunction with, or alongside any, Objectionable Content. Objectionable Content includes, but is not limited to: (i) sexually explicit materials; (ii) obscene, defamatory, libelous, slanderous, violent and/or unlawful content or profanity; (iii) content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent; (iv) content that promotes the use or sale of illegal or regulated substances, tobacco products, ammunition and/or firearms; and (v) gambling, including without limitation, any online casino, sports books, bingo or poker.
     
  7. Warranty. SGC disclaims all warranties about the WSDC App. to the fullest extent permitted by law. To the extent any warranty exists under law that cannot be disclaimed. SGC, not Apple, shall be solely responsible for such warranty.
     
  8. Maintenance and Support. SGC does provide minimal maintenance or support for it but not to the extent that any maintenance or support is required by applicable law. SGC, not Apple, shall be obligated to furnish any such maintenance or support.
     
  9. Product Claims. SGC, not Apple, is responsible for addressing any claims by you relating to the WSDC App. or use of it, including, but not limited to: (i) any product liability claim; (ii) any claim that the WSDC App. fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation. Nothing in this Agreement shall be deemed an admission that you may have such claims.
     
  10. Third Party Intellectual Property Claims. SGC shall not be obligated to indemnify or defend you with respect to any third party claim arising out or relating to the WSDC App. To the extent SGC is required to provide indemnification by applicable law, SGC, not Apple, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the WSDC App. or your use of it infringes any third party intellectual property right.
     

Entire TERMS OF USE & Agreement

These Terms of Use and End User License Agreement (including the SGC Privacy Policy) contain the entire understanding between you and SGC and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and SGC with respect to the Websites and Games.

Copyright 2020 Small Games Co. All rights reserved.  

Use of Websites and Games constitutes acceptance of Small Games Co. Terms of Service, End User License Agreement and Privacy Policy.