Introduction
Wurd recognizes that “Terms of Use” and “Privacy Policies” can be hard to read and difficult to understand.1
We have tried, therefore, to write our Terms of Use (and our Privacy Policy) in a manner that is clear and easily understandable.
Please read this Agreement and our Privacy Policy and email us at
terms@wurd-app.com if you have any questions about what they mean.
This Agreement governs your use of the Wurd App
Wurd operates the downloadable mobile social media software application called “Wurd” (the “Wurd App”) together with the related website
www.wurd-app.com (the “Wurd Website”). The Wurd App is available on Apple’s App Store and Google’s Play Store.
This Agreement, together with the Privacy Policy, governs the rights and obligations of Wurd and each of its users (each user referred to herein as “you”, “your” or “User”) relating to the use of the Wurd App and the Wurd Website. By accessing or using the Wurd App and the Wurd Website, you are agreeing to the terms of this Agreement and the Privacy Policy.
1. You agree not to post certain types of content on Wurd
Wurd is an open platform that allows you to communicate with other Users regardless of whether they know you or specifically agree to communicate with you.
Therefore, you agree not to post any content that other Users may perceive as insulting, offensive, harassing or annoying (“Prohibited Content”).
Prohibited Content includes, but is not limited to, anything that:
- may be construed as threatening, harassing, stalking, abusive or intimidating;
- is of a sexual or pornographic nature, including pictures or videos containing nudity or written content that is explicitly sexual or of a graphic nature;
- may be interpreted as racist, sexist, derogatory or discriminatory against any group or class of people;
- is defamatory or slanderous or, whether true or not, is likely to subject anybody to ridicule or embarrassment;
- is potentially false, fraudulent or misleading;
- is reasonably regarded as private or confidential information;
- is explicitly commercial;
- is excessively redundant, repetitive or annoying;
- may overload the Wurd App’s servers or the connections or systems of its Users;
- infringes, or appears to infringe, upon the intellectual property rights of others, including copyrights, trademark rights, trade secrets, or other rights.
If you post Prohibited Content on Wurd, Wurd reserves the right to suspend your account without notice.
1 The terms “Wurd”, “we”, “us”, “our” in this Agreement refer to Wurd Media Corp. Wurd is a corporation formed under the laws of the State of Delaware.
2. You agree not to abuse the Wurd App You agree not to use the Wurd App in any way that is inconsistent with its intended purpose including by, among other ways (1) gaining unauthorized access to any other User’s account or to any non-public areas of the Wurd App; (2) “hacking” the Wurd App in any way; (3) “scraping” or otherwise batch-copying content from the Wurd App; (4) using the Wurd App to participate in any way in a denial-of-service or similar type attack; (5) by subjecting the Wurd App to any denial-of-service type attack; (6) by tampering with or altering operation of the Wurd App in any way; or (7) in any other way exceeding or violating the user rights clearly provided by the Wurd App.
3. Wurd grants you a “limited license” to use the Wurd App
Wurd grants you what the law refers to as a “limited license” in the Wurd App. This license is not exclusive to you (meaning Wurd may grant it to others) and you may not transfer or “sublicense” it to others. Further, Wurd may revoke this license at any time and prohibit you from using the Wurd App, in Wurd’s absolute discretion.
The limited license granted to you does not create any ownership interest by you in the Wurd App. Except for your User Content, the Wurd App and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks and service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users, and all Intellectual Property Rights related thereto, are the exclusive property of Wurd and its licensors. Wurd reserves all rights to the Wurd App not expressly granted in this Agreement.
Wurd may grant different licenses (such as licenses with “manager” rights) to different users in its sole discretion, and Wurd may not make all types of accounts available to all users.
Wurd may issue upgraded versions of the Wurd App and may automatically electronically upgrade the version of the Wurd App that you are using on your mobile device and you consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades.
4. Wurd may change or discontinue the Wurd App at any time
Wurd may change the Wurd App, discontinue the Wurd App altogether, terminate your use of the Wurd App or condition your use of the Wurd App upon your payment of an access fee, at any time, in Wurd’s sole discretion, without notice and liability, for any reason.
5. All Users grant Wurd and other Users a limited license to use User Content
The Wurd App allows Users to post content such as profile information, videos, images, music, comments, questions, and other content or information (any material a User posts on the Service is referred to as
“User Content”). The Wurd App permits Users to copy and share User Content posted by other Users.
Users retain any and all right, title and interest in and to the User Content that they create, post, or otherwise make available through the Service. Wurd claims no ownership rights over your User Content.
However, to permit Wurd to operate as intended, every User hereby grants, and represents and warrants that he or she has all rights necessary to grant, to Wurd and all other Users, a limited, royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, publicly perform, publicly display, list information regarding, translate, distribute, syndicate, make derivative works of, or otherwise use his or her User Content.
The limited license provided by each User with respect to User Content, however, does not provide Wurd or any other User a right to sell User Content to third parties or otherwise to profit from User Content, and does not give Wurd or any other User any right to own User Content or to limit the licensor’s ability to use his or her User Content in any way.
6. Your representations and warranties regarding your User Content
You represent that the User Content that you post does not violate the rights of any other party, including any Intellectual Property Rights (as defined below) or rights of privacy. To the extent that your User Content contains music, you hereby represent that you own or control necessary copyrights to post such User Content and to grant the license described above. Wurd reserves the right to reject any User Content that Wurd believes is posted without the required consents of all copyright holders.
“Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
7. Wurd will not retain User Content on the Wurd App and you should not use the Wurd App to save or store User Content
The Wurd App permits Users temporarily to share User Content with other nearby Users. User Content will only be available for a temporary period of time and Wurd has no obligation to save or preserve User Content. You understand and agree therefore that you will not use the Wurd App permanently to save or store User Content.
8. You understand that your interactions with other Users are independent of Wurd
You understand and agree that you are solely responsible for your interactions with other Wurd Users. Wurd does not review or vouch for the accuracy of User Content and Wurd bears no responsibility and assumes no liability for any User Content.
9. Accounts opened on behalf of entities
If you open a Wurd account on behalf of a client, company, organization, or other entity, you represent and warrant that you are an authorized representative of such party and have actual authority to bind such party to this Agreement.
10. Notify Wurd if you believe any User Content infringes on your copyrights
Wurd respects the rights of copyright owners and will respond promptly if notified of any suspected infringement under the Digital Millennium Copyright Act of 1998
(“DMCA”).
If you believe that any User Content infringes upon your copyrights, notify Wurd’s copyright agent using the contact information below. For your notice to qualify under the DMCA, the notice must (1) be signed by a person authorized to act on behalf of the copyright owner; (2) identify the copyrighted work that you claim has been infringed; (3) identify where the work is located on the Service; (4) provide your contact information; (5) state your basis for believing that the work, as used on the Service, is not authorized by the copyright owner, its agent, or law; and (6) certify, under penalty of perjury, that the provided information is accurate, and that you are the copyright owner or the owner’s authorized agent.
Submit the above information to Wurd’s DMCA Notice Agent at the following address:
Wurd Media Corp.
Attn: DMCA Notice Agent
6 Clinton Place
Millburn, NJ 07041
Email:
copyright@wurd-app.com
11. The Wurd App is intended for use on mobile devices and use of the Wurd App may cause you to incur additional charges from your wireless provider
The Wurd App is designed for operation on a mobile device. Wurd does not warrant that the Wurd App will be compatible with your mobile device. Further, use of the Wurd App may cause you to incur additional charges by your wireless provider, and you agree that you are solely responsible for any such charges.
12. The Wurd App may be downloaded from the iTunes Store and from Google Play but this Agreement is between you and Wurd
A. If you download the Wurd App from iTunes.
You agree to the following terms if you acquire the Wurd App from the iTunes Store
(“iTunes-Sourced Software”): You acknowledge and agree that this Agreement is solely between you and Wurd, not Apple, and that Apple has no responsibility for the iTunes-Sourced Software or content thereof. Your use of the iTunes-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iTunes-Sourced Software. In the event of any failure of the iTunes-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the iTunes-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iTunes-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to Wurd as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the iTunes-Sourced Software or your possession and/or use of the iTunes-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the iTunes-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to Wurd as provider of the software. You acknowledge that, in the event of any third-party claim that the iTunes-Sourced Software or your possession and use of the iTunes-Sourced Software infringes a third party’s intellectual property rights, Wurd, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You and Wurd acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement as relates to your license of the iTunes-Sourced Software, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as relates to your license of the iTunes-Sourced Software against you as a third-party beneficiary thereof.
B. If you download the Wurd App from Google Play Store.
You agree to the following terms if you acquire the Wurd App from the Google Play Store
(“Google-Sourced Software”): (i) you acknowledge that the Agreement is between you and Wurd only, and not with Google, Inc.
(“Google”); (ii) your use of Google-Sourced Software must comply with Google’s then-current Google Play Store Terms of Service; (iii) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software; (iv) Wurd and not Google, is solely responsible for its Google-Sourced Software; (v) Google has no obligation or liability to you with respect to Google-Sourced Software or the Agreement; and (vi) you acknowledge and agree that Google is a third-party beneficiary to the Agreement as it relates to Wurd’s Google-Sourced Software.
13. You agree to defend and indemnify Wurd relating to your use of the Wurd App
You agree to defend and indemnify Wurd in the event that any other User asserts claims against Wurd with respect to your use of the Wurd App. Such claims may relate to, among other things, (i) your use of and access to the Wurd App and any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) User Content or any content that is submitted via your account including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) any other party’s access and use of the Service with your unique username, password or other appropriate security code.
14. Wurd makes no warranties regarding the Wurd App
THE WURD APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE WURD APP IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WURD APP IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WURD OR THROUGH THE WURD APP WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, WURD, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE WURD APP WILL MEET YOUR REQUIREMENTS; THAT THE WURD APP WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE WURD APP IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WURD APP IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
WURD DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE PROMOTED OR OFFERED BY A THIRD PARTY THROUGH THE WURD APP OR ANY HYPERLINKED WEBSITE OR SERVICE, AND WURD WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
15. This Agreement limits Wurd’s liability to you to the fullest extent permitted by applicable law
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WURD, ITS DIRECTORS, EMPLOYEES or OWNERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE WURD APP. UNDER NO CIRCUMSTANCES WILL WURD BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE WURD APP OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WURD ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE WURD APP; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WURD APP; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE WURD APP BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE WURD APP; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL WURD, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING $100.00.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WURD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
16. Governing Law, Forum Selection, Class Action/Jury Trial Waiver
A. New York law governs this Agreement
This Agreement shall be governed by the laws of the State of New York, without respect to its conflict of laws principles.
B. Any dispute arising under this Agreement shall be resolved by a New York court
Any dispute arising under this Agreement or relating to the operation of the Wurd App shall be resolved by a state or federal court located in New York County, New York. You agree to submit to the personal jurisdiction of the federal and state courts located in New York County, New York.
C. Class Action/Jury Trial Waiver.
WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE WURD APP FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND WURD ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OF ANY DISPUTE CONTROLLED BY THIS AGREEMENT.
17. Wurd may modify this Agreement
Wurd may modify or update this Agreement from time to time, and you should review the Terms of Use posted on
www.wurd-app.com periodically. When we change the Agreement in a material manner, we will update the ‘last modified’ date at the bottom of this page. Your continued use of the Wurd App after any such change constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Wurd App.
18. Wurd may assign its rights under this Agreement
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Vero without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
19. Notice to California residents regarding filing complaints about Wurd
The “provider of services” under this Agreement is Wurd Media Corp., located at 6 Clinton Place, Millburn, NJ 07041 and having the telephone number (917) 549-6472. You may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
These Terms of Use were last updated on June 14, 2019
