Terms of Service Agreement
Last updated January 18 2023
This Terms of Service Agreement (the "Agreement") is a legally binding agreement between you, the user ("User", "you" or "your") and the operator of the online browser game Three Word Story ("Server Operator", "us", "we" or "our") governing your access to and use of the Three Word Story website and service (the "Service").
By accessing or using the Service, you confirm that you have read, understand and agree to be bound by this Agreement. If you do not agree to the terms of this Agreement, please do not access or use the Service.
Eligibility and Access
The Service is intended for users who are at least 13 years of age. By using the Service, you represent and warrant that you are 13 years of age or older. If we learn that we have collected personal information from a child under 13 years of age, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13 years of age, please contact us.
Users under the age of 13 are prohibited from using the Service and any accounts registered by users under the age of 13 will be terminated immediately.
You may not hack, reverse-engineer, or otherwise attempt to gain unauthorized access to the Service, the servers on which the Service is stored, or any server, computer, or database connected to the Service. You may not use any means to bypass or circumvent any technology or security measures implemented by the Server Operator to protect the Service.
Any unauthorized access or attempted unauthorized access to the Service or its related systems or networks is a violation of this Agreement and may be a violation of applicable laws, including but not limited to: copyright and trademark laws, trade secret laws, and communications regulations and statutes. Any such unauthorized access or attempted unauthorized access will result in immediate termination of your access to the Service and may also result in criminal and/or civil prosecution.
User Conduct and Behavior
Users of the Service are expected to use the Service in a respectful and appropriate manner. Any behavior or content that is deemed offensive, abusive, or otherwise in violation of community guidelines as determined by (and at the discretion of) the Server Operator may result in termination of access to the Service. We reserve the right to remove any content or take any action deemed necessary to enforce this policy.
User Content
You retain the copyright in any original works of authorship, such as any text, images, or other content, that you create while using the Service (the "User Content"). In the event that multiple users collaborate to produce User Content, such as the case where multiple users contribute to a story, the copyright shall be shared among them. By contributing to a story, each user grants each other user who contributed to the same story, a non-exclusive, worldwide, royalty-free, transferable, sub-licensable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Service and personal use.
By submitting User Content to the Service, you represent and warrant that you have the right to use any third-party content included in your User Content and that such use will not infringe or violate the rights of any third-party. You agree to indemnify and hold the Server Operator harmless from and against any claims arising from your use of third-party content in your User Content.
You grant to the Server Operator a non-exclusive, worldwide, royalty-free, transferable, sub-licensable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Service and the Server Operator's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. This license will survive termination of your access to the Service.
Saving Images and Text
Users may have the option to save an image and/or text of the story at the end of the game. By accessing or using the Service, you grant the Server Operator permission to save these images and text indefinitely, whether or not you choose to save them.
Disclaimer of Warranties
The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Server Operator makes no representations or warranties of any kind, express or implied, as to the operation of the Service, or the information, content, materials, or products included on the Service. The Server Operator does not warrant that the Service will be uninterrupted or error-free, and the Server Operator will not be liable for any interruptions or errors.
The Server Operator makes no representations or warranties of any kind, express or implied, as to the accuracy of any information on the Service, or the suitability, reliability, availability, timeliness, or completeness of the Service for any purpose. The Server Operator does not warrant that the Service will meet your requirements or that the Service will be uninterrupted, timely, secure, or error-free.
To the maximum extent permitted by applicable law, the Server Operator excludes all representations, warranties, and conditions relating to the Service and your use of it.
Liability
The Server Operator shall not be liable for any damages, including but not limited to, direct, indirect, incidental, special, consequential, or punitive damages, arising out of or in connection with the use of the Service or the inability to use the Service. This includes but is not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, even if the Server Operator has been advised of the possibility of such damages.
The Server Operator shall not be liable for any damages arising out of or in connection with any errors or omissions in the Service, any unauthorized access to or use of the Service, or any interruption or cessation of the Service.
You agree to defend, indemnify, and hold the Server Operator, its affiliates, officers, agents, and employees harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Service, or your violation of this Agreement.
In no event shall the Server Operator's total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise) exceed the amount paid by you, if any, for accessing the Service.
Dispute Resolution
In the event of any dispute arising out of or relating to this Agreement or the Service, the parties shall first attempt to resolve the dispute through good faith negotiation. If the parties are unable to resolve the dispute within a reasonable time, the dispute shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association. Any arbitration or court proceeding shall take place in Suffolk County, Massachusetts.
Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without giving effect to any principles of conflicts of law. Any dispute arising out of or related to this Agreement or the Service shall be subject to the exclusive jurisdiction of the state and federal courts located in Suffolk County, Massachusetts. The parties hereby submit to the personal and exclusive jurisdiction of such courts.
Separability
Any provision of this Agreement that is illegal or unenforceable shall be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions of this Agreement.
Changes to these Terms
We reserve the right to make changes to this Agreement at any time. time. If we do, we will notify you by revising the date at the top of these terms. Your continued use of the Service following any changes to this Agreement constitutes acceptance of such changes.
Consequences of Violation
If you violate any of the terms and conditions of this Agreement, then we reserve the right to take any action deemed necessary to enforce compliance, including but not limited to: disabling your account, blocking your IP address, and/or taking legal action.