The following Terms set out the basis upon which you can use on the WealthWords website and participate in any activities conducted via the WealthWords website.
For the fun and benefit of yourself and others you must comply with the Rules and also the Terms and Conditions of this site. The Rules and Terms and Conditions ensure that you have an enjoyable experience and the best opportunity to successfully participate in our Games. You can check the Rules by clicking here.
These Terms and Condistions (Terms) were last revised on 8 March 2017.
These Terms govern your use of the Site and participation in WealthWords Puzzles, and form a binding contractual agreement between the end user (you) and Across and Down WW SRL (WealthWords or us). For that reason, these Terms are important and you should ensure that you read them carefully and contact us with any questions before you use the Service. You can contact us via email at: firstname.lastname@example.org.
By using the Site, you accept these Terms, as well as the manner in which WealthWords operates.
For the avoidance of doubt, the “FAQs”, “About” and other sections on the Site are only suggestions and are not intended and may not be relied on as Terms.
In these Terms, unless the subject matter or context otherwise requires, the following words and expressions shall have the following meanings:
Amendments has its meaning in clause 4.1;
Copyright Act means the Copyright Act 1968 (Australia), together with any equivalent law in any jurisdiction in which the Site is accessed;
Dollars, dollar, USD, US$ or $ means the United States dollars;
Dispute or Disputes have their meaning in clause 16.2;
Force Majeure Event means the occurrence of an event beyond our control, including:
significant failure of a part of the power grid;
significant failure of the internet;
computer attacks or malicious acts, such as attacks on or through the Internet, any Internet service provider, telecommunications or hosting facility;
war, armed conflict, criminal damage, riot, civil strife, industrial dispute, terrorist activity or the threat of any such acts;
natural disaster (including but not limited to flooding, fire, earthquake, landslide), adverse weather conditions, high or low water levels;
nuclear or other industrial accident causing environmental pollution or contamination; or
change in law, meaning, enactment, amendment (including repeal) in the law or administration of any law in any jurisdiction or territory relevant to the Site and WealthWords Puzzles, which includes changes in statute, regulation, determination, by-law, declaration, licence and the common law as applicable from time to time.
Indemnified Persons has its meaning in clause 15.1;
Intellectual Property means any patent or patentable subject matter, copyright, design or trade mark associated with this Site which is owned by or licensed by WealthWords;
Prohibited Jurisdiction means any jurisdiction listed on the Site as a prohibited jurisdiction;
Token means a token that can be exchanged for an entry in a WealthWords Puzzle;
Related Entity, in relation to a body corporate, means any of the following:
a promoter of the body;
a relative of such a promoter;
a relative of a spouse of such a promoter;
a director or member of the body or of a related body corporate;
a relative of such a director or member;
a relative of a spouse of such a director or member;
a body corporate that is related to the first-mentioned body;
a beneficiary under a trust of which the first-mentioned body is or has at any time been a trustee;
a relative of such a beneficiary;
a relative of a spouse of such a beneficiary;
a body corporate one of whose directors is also a director of the first-mentioned body;
a trustee of a trust under which a person is a beneficiary, where the person is a related entity of the first-mentioned body because of any other application or applications of this definition.
Site means the WealthWords website, www.wealthwords.com;
Terms means these Terms and Conditions, as amended from time to time;
User Content means any content uploaded by You to the Site and/or any social media page operated by or on behalf of WealthWords (such content which may include text, written forum comments, data, images, audio files, audio-visual files or software);
WealthWords, we, us or our refers to Across and Down WW SRL;
WealthWords Puzzles means any games or puzzles available or has previously been available for participation on the Site; and
Winnings means the amount of winnings remaining in your account on the Site at any time (for the avoidance of doubt, Winnings does not include any unused Tokens).
Your accessing, using and/or downloading content from the Site means you acknowledge and agree that:
you are bound by these Terms; and
you have reviewed the introductory information regarding the use of WealthWords included on the Site.
We reserve the right to freeze or terminate your account without prior notice to you in the event that you breach any of these Terms.
We reserve the right to modify, supplement, or replace these Terms. Any modified, supplementary, or replacement Terms (Amendments) shall be effective upon posting on the Site or notifying you otherwise. Your continued use of the Site shall be a deemed to constitute acceptance by you of such Amendments.
If any Amendments occur, WealthWords may provide you with notice of such changes in any of the following ways:
via an RSS feed; and/or
by posting a change notice on the Site for a reasonable period of time.
You are responsible for reviewing any Amendments.
If you find any Amendments unacceptable, you may close your account in accordance with WealthWords’ standard procedure, (which can be found on the “FAQs” page www.wealthwords.com/faqs, and request that your Winnings be remitted to you.
By continuing to access, use, or download in any way any service from WealthWords following notice of a revision to the Terms, you acknowledge and agree to be bound by the Terms as revised.
In agreeing to the Terms and/or registering an account with WealthWords, you confirm and acknowledge that:
you reside in, and are accessing the Site from an Authorised Jurisdiction;
you are older than the age of majority under applicable laws of the country, state, city, or other jurisdiction of your residence; and
you can engage in a binding contract, and that you meet all other eligibility requirements contained in these Terms.
Employees of WealthWords, any Related Entities of WealthWords, their family members and any persons residing in the same household as any of the foregoing people may not under any circumstances participate in WealthWords Puzzles.
WealthWords Puzzles are only offered to private users and not to any commercial or wholesale or retail persons or entities.
You are offered a number of methods to purchase Tokens on the Site. The same payment details cannot be used to purchase Tokens under different accounts held with WealthWords.
You may register only one account with WealthWords.
You must provide a valid email address upon registration for the purpose of receiving correspondence from us.
Your account is personal to you, and may only be used by you.
The access we grant you to the Site is not transferable. You will create an account using your email and a set password. Upon registration on the Site, you are entirely responsible for maintaining the confidentiality of your account information, including your password and are responsible for any and all activities that occur under your account name and password. You agree not to provide your account name and password to unrelated third parties and will immediately notify us of any unauthorised use of your account name or password, or any other breach of security of which you become aware.
When registering an account you must not knowingly provide fraudulent or inaccurate information.
Your chosen username may not:
violate the intellectual property rights of any third party;
advertise any other website or service; or
be rude, offensive, or unlawful.
You must not collude to exchange information with other Site users.
You are liable for any activities undertaken using your username and the associated password.
You have the right to terminate your account at any time by closing your account in accordance with WealthWords' standard procedure, which can be found on the “FAQs” page www.wealthwords.com/faqs
We reserve the right to temporarily or permanently terminate your account and withhold, cancel, or otherwise retain any or all of your Winnings if you have violated the Rules of the Site, these Terms, any laws, or the rights of our other users or other third parties, or under any of the following circumstances:
we suspect mistake or fraud;
we suspect that you have more than one active account;
the name provided for your account does not match the name on the credit card(s) or any other financial instrument used to make payment on the Site;
you provide incorrect or fraudulent registration information;
you are not over the legal age of majority in either or both your country of residence and the country from which you are accessing the Site;
you reside in a jurisdiction where participation in WealthWords Puzzles is prohibited by law;
you permit (whether intentionally or unintentionally) anyone else to participate in a WealthWords Puzzle using your account; or
you are found to be cheating.
You agree that if you have breached these Terms, WealthWords may take any action reasonably necessary to protect WealthWords' legitimate interests or recover costs incurred as a result of your breach (including by withholding, cancelling, or otherwise retaining any or all of your Winnings).
Please note Account Transfers:
subject to clause 8.1.2, may take up to ten (10) business days, depending on your financial institution; and
will at all times be subject to third party (including Paypal) payment processing lead times.
We may cancel or suspend your right to an Account Transfer at any time without notice to you (e.g. in the event a dispute arises or we suspect mistake or fraud).
You acknowledge and agree that we are not responsible for any loss you suffer due to:
any delay of Account Transfers outside of our control (e.g. system outages);
any failure or delay by you to provide us with the correct information to enable an Account Transfer;
another person becoming aware of your log in details;
your entering incorrect information for an Account Transfer; or
our cancelling or suspending your right to an Account Transfer (e.g. in the event a dispute arises or we suspect mistake or fraud).
Any tax liability arising from participation in the WealthWords Puzzles remains your responsibility, and independent financial advice should be sought.
WealthWords accepts no liability in respect of tax liability arising from participation on the Site.
Any special promotions run by us shall only be valid if they are announced on the Site or in our corresponding email newsletter or social media pages.
Certain promotions may only be valid for a limited time, with details announced on the Site or in our newsletter or social media pages. We reserve the right to terminate the promotion at any time without prior notice.
Promotions cannot be combined unless otherwise specified.
With current technology, it is not possible to develop and operate computer programs (software) and data processing systems (hardware) entirely without error, or to rule out any unpredictable events in connection with the Internet. WealthWords, therefore, provides no guarantee for the constant and uninterrupted availability of the Site and other technical systems.
We reserve the right to cancel WealthWords Puzzles that end due to system error, the involvement of ineligible participants, technical problems, a Force Majeure Event or any other reasonable reason. Tokens used to participate in WealthWords Puzzles that are cancelled for any of the reasons in this clause 12.3 will not be refunded.
WealthWords, together with its Related Entities, is not liable for any damage incurred by Site users or third parties from using WealthWords' services. In particular, the foregoing are not liable for:
any loss or damage that occurs due to an attempt to participate in a WealthWords Puzzle not being:
received by WealthWords;
received promptly; or
considered as a consequence of technical errors; and/or
any other costs incurred by you due to a system outage.
To the extent that a Party’s delay or inability to perform an obligation under these Terms is due to the existence and its notification of a Force Majeure Event, the affected obligations of that Party under these Terms will be suspended until the passing of that Force Majeure Event. A party must take all reasonable steps to minimize any disruption to and resume the performance of its affected obligations.
Force Majeure Events are unpredictable and beyond our control. WealthWords, together with its Related Entities, is not liable to you in contract, tort, statute or restitution for any loss (including loss of the Token(s), loss of winnings and loss of enjoyment), damage, costs or injury resulting from or in connection with (whether directly or indirectly):
the operation of clause 12.1; or
the Force Majeure Event.
WealthWords' logos are trade marks of WealthWords and/or its Related Entities.
Any trade marks other than WealthWords’ logos appearing on the Site are the property of their respective owners.
WealthWords does not authorise the use by any other person of its Intellectual Property, unless specifically agreed in writing, and it otherwise reserves all of its rights in relation to its Intellectual Property.
Nothing in these Terms is intended to have the effect of excluding, restricting or modifying:
the application of all or any of the provisions any relevant consumer law regarding which parties are precluded from contracting out of;
the exercise of a right conferred by such a provision; or
any liability of WealthWords nor any of its officers, directors, employees, agents, merchants, sponsors, licensors, component suppliers (both hardware and software), or any third party who provides products or services purchased from or distributed by WealthWords, or the like, in relation to a failure to comply with a guarantee that applies under any such consumer law to a supply of goods or services.
Subject to the above described application of any relevant consumer law, to the maximum extent permitted by law, WealthWords excludes all of its liability (and that of its Related Entities, officers, directors, employees, agents, merchants, sponsors, licensors, component suppliers (both hardware and software), or any third party who provides products or services purchased from or distributed by WealthWords, or the like) to You arising from or in connection with these Terms and Your use or inability to use the Site, software or any related services, whether in contract, tort (including, without limitation, negligence), in equity, under statute, under indemnity or arising from statutory or implied conditions and warranties, including (but not limited to) direct damages, indirect, incidental or consequential (including but not limited to loss of revenue, profits, custom, reputation or goodwill, loss-of-use damages or additional expenses incurred), or special exemplary, and punitive damages.
Where any Act, law or statute applies to these Terms, any term, condition or warranty and that Act, law or statute avoids or prohibits a contract excluding or modifying the application of or exercise of or liability under such term, condition or warranty, such term, condition or warranty will be deemed to be included in these Terms. However, the liability of WealthWords and its Related Entities for any breach of such term, condition or warranty will be limited, at the option of WealthWords to:
if the breach relates to goods:
the replacement of the goods or the supply of the equivalent goods; or
the payment of the cost of replacing the goods or acquiring equivalent goods; or
if the breach relates to services;
the supply of the services; or
the payment of the cost of having the services supplied again.
Subject to the above described application of any relevant consumer law, You agree that use of the Site by you is at your sole risk.
The Site and service is provided by WealthWords on an “as is’ and an “as available basis” and WealthWords makes no representations or warranties of any kind, express or implied, as to the operation of the Site, its security or the results that may be obtained from the use of the Site.
Neither WealthWords nor any of its Related Entities, officers, directors, employees, agents, merchants, sponsors, licensors, component suppliers (both hardware and software), or any third party who provides products or services purchased from or distributed by WealthWords, or the like, warrant that websites affiliated with WealthWords, including, but not limited to, WealthWords, will be uninterrupted, error-free, or free of viruses, worms, trojan horses, keyboard loggers, spyware, adware, malware, harmful or malicious code, or other defects.
Any service or software downloaded or otherwise obtained through the Site is done at your own discretion and risk, and You will be solely responsible for any damage to Your computer system or loss of data that results from the download or installation of any such material.
The information, products, and services published on WealthWords may contain inaccuracies or typographical errors. WealthWords makes no warranty as to the results that may be obtained from the use of WealthWords or as to the accuracy, reliability, or currency of any information content or service through WealthWords.
WealthWords shall not be responsible for any opinions, views, advice, or statements posted on the Site (including, without limitation, in any public posting areas of the website) by any person or entity other than an authorised WealthWords spokesperson. Advertisers, content providers, users, guests, independent writers, and experts are not authorised WealthWords spokespersons. At no time should the opinions, views, advice, or statements provided by advertisers, content providers, users, guests, independent writers, or experts be relied upon for important personal decisions without independent verification.
The limitation of liability of this clause 14 shall apply notwithstanding any reliance on any information obtained from WealthWords or that results from mistakes, omissions, interruptions, deletions of files or email, errors, defects, viruses or other malicious code, delays in operation or transmission, or any failure of performance whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorised access to provider records, programs, or services, and whether or not WealthWords has been advised of the possibility of such damages, You hereby acknowledge that this limitation shall apply to all content and WealthWords Puzzles available through WealthWords.
Except for the warranties above, WealthWords makes no other warranties, either express or implied, with respect to the products, or any related services offered or performed by WealthWords or any of its agents or subcontractors in connection with any product. If you are dissatisfied with any aspect of the Site, you should discontinue your use of the Site.
You agree to indemnify, defend, and hold WealthWords and its Related Entities, members, managers, shareholders, directors, officers, employees, agents, affiliates, licensors, and other partners (collectively, the Indemnified Persons) harmless from any loss, cost, expense, liability, claim, or demand, including reasonable legal fees, suffered by any Indemnified Persons due to, arising out of, or in connection with:
your use of the Site or any of the services offered by WealthWords;
any breach by you of these Terms or any person acting in collusion with you,
any breach of applicable law or court order by you; and
any negligence or wilful misconduct by you.
WealthWords does not guarantee that unauthorised third parties will be unable to access your personal information or content that you post or that they will be unable to use your personal information and content for improper, unauthorised or unlawful purposes. You provide your personal information to us entirely at your own risk.
You agree that any and all claims, disputes, and causes of action arising out of or relating to your use of the Site or arising under these Terms (each a Dispute and collectively, Disputes) shall be resolved as outlined in this section. Before initiating any formal Dispute resolution proceedings, you agree to negotiate with WealthWords regarding any Disputes in good faith on an individual basis, and not as a plaintiff or class member in any purported class or representative proceeding.
If any Dispute arises between the parties to these Terms as to the construction of these Terms or as to any matter or thing of whatever nature arising under or in connection with these Terms, then the parties must use their best endeavours to resolve such Dispute within thirty (30) days of the date upon which notice of the Dispute is given by a party to the Terms.
In the event the Dispute is not settled within the timeframe in clause 17.3, either party may refer the Dispute to the WIPO Arbitration and Mediation Centre (WIPO) to be resolved before a single arbitrator in accordance with the WIPO Expedited Arbitration Rules as well as Rules of International Arbitration in effect at the time the proceeding is initiated. Arbitration hearings shall be:
held in Melbourne, Victoria, Australia; and
conducted in English.
Where a Dispute arises:
Each party must bear its own costs of complying with this clause 17; and
the costs of any arbitrator engaged pursuant to clause 17.4 are to be borne by the party referring the Dispute to WIPO.
These Terms and your use of the Site shall be governed by and must be construed according to the laws applying in Costa Rica. Subject to the dispute resolution procedures set out above each party submits to the non-exclusive jurisdiction of the courts of Costa Rica, and the courts competent to determine appeals from those courts, with respect to any proceedings that may be brought at any time relating to your use of the Site.
If you open an account or participate in puzzles offered by WealthWords while located in a Prohibited Jurisdiction, you will be in violation of the law and these Terms, and WealthWords may suspend or close your account permanently.
You agree that WealthWords is not liable for any loss suffered by you if laws applicable to you restrict or prohibit your participation in WealthWords Puzzles.
If any provision of these Terms is held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of these Terms shall remain in force and effect and such invalid, unenforceable or void provisions will be deemed to be modified so as to effect the original intent of these Terms as closely as possible.
WealthWords operates a number of social media pages to communicate with you and the public. These social media pages include:
These Terms apply to each social media page operated by or on behalf of WealthWords.
WealthWords takes no responsibility for, and does not endorse any comments made by you, the public, other users or any third party on or via a WealthWords social media page. WealthWords does not make any warranty in regard to any communications made by you and/or any third party through a WealthWords social media page, and no liability is accepted by WealthWords for any statements, opinions, posts, comments, likes, links or similar made through our social media pages.
Social media communications made on a social media page operated by WealthWords are not official company communications and may be made in jest. Only e-mails from email@example.com, firstname.lastname@example.org, email@example.com, firstname.lastname@example.org, email@example.com or statements posted on the Site should be taken as an official company communication, and information distributed on or through a WealthWords social media page should not be relied on for any purpose.
grant WealthWords a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use the User Content in any way without compensation (including, without limitation, by reproducing, changing, and communicating the User Content to the public) and permit WealthWords to authorise any other person to do the same thing;
acknowledge and agree that WealthWords may delete, modify, or otherwise exploit in any manner contemplated by the Copyright Act any User Content submitted by You to or via the Site or a social media page operated by or on behalf of WealthWords.
represent and warrant (and can demonstrate if requested) to WealthWords that you have all right, title, interest and authority in the User Content which is necessary to grant the licences and consents set out in clauses 21.5.1 and 21.5.2;
represent and warrant (and can demonstrate if requested) to WealthWords that you have the permission to use the name and likeness of each person whose image appears in any User Content in the manner contemplated by these Terms;
represent and warrant to WealthWords that the use or exploitation of User Content by WealthWords and/or any other user of the Site or a social media page operated by WealthWords will not infringe the rights of any third party (such rights which may include, but are not limited to, intellectual property rights and privacy rights); and
agree and undertake to WealthWords to pay all amounts which become owing to any person (whether by way of royalty or otherwise) as a result of or in connection with your submission of the User Content to or via the Site and/or a social media page operated by WealthWords.
licence granted under clause 21.5; and
warranties and undertakings provided under clause 21.6,
survive the termination of these Terms.
The WealthWords members, managers, shareholders, directors, officers, employees, agents, affiliates, licensors, and other partners may operate their own social media pages, and any opinions, posts, comments, likes, links or similar are their own and not sanctioned by or the opinion of WealthWords.
The Site may contain links to other websites operated by third parties, and these sites may likewise contain links to other websites. These links are provided strictly for your convenience and do not constitute an endorsement or approval of these websites. We assume no liability for the content of external links. The operators of the sites linked to and from this site are solely responsible for their contents. We cannot take any responsibility for the content, protection, or privacy guidelines of third-party websites.
unless you hold all necessary rights, licences and consents to do so;
that would cause you and/or WealthWords to breach any law, regulation, rule, code or other legal obligation;
that is or could reasonably be considered to be defamatory, false, malicious, misleading, disparaging, obscene, inappropriate, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, profane, in breach of confidence, in breach of privacy or harassing;
that is or has the potential to defame, mock and/or bring into disrepute WealthWords, the Site and/or anysocial media page operated by WealthWords;
that infringes the rights of any person;
that you know (or ought reasonably suspect) is false, misleading, untruthful or inaccurate;
that contains unsolicited or unauthorised advertising (including junk mail or spam);
that contains computer or software viruses, files, programs or the like that are designed to:
disrupt, damage, or otherwise interfere with the ordinary functionality of any software, hardware or telecommunications; or
obtain unauthorised access to any system, information, security device belonging to WealthWords or any third party.
not take any action that is likely to impose upon the Site, social media page or the infrastructure of WealthWords (or its third party service providers) a disproportionately large load;
not interfere with the proper working of the Site, social media page or any activities conducted via the Site and/or social media page;
not use automated programs or devices of any kind;
not use any automated or manual software or process to “crawl”, “spider” or engage in similar conduct in relation to the Site and/or social media page;
not reverse engineer or otherwise seek to obtain any source code forming part of the Site and/or social media page (except to the extent that such restriction may be prohibited by law); and
abide by all laws (whether local, state, national or international) which apply in connection with your use of the Site and social media page.
WealthWords reserves the right to terminate your account in the event you breach clauses 23.1 or 23.2.
Except as provided otherwise in these Terms, all notices, requests, instructions, and other communications given to WealthWords by you must be given by email to firstname.lastname@example.org.
If you have any questions, concerns, or comments about these Terms, please email us at email@example.com.
You must not assign, sublicense or otherwise deal in any other way with any of your rights under these Terms.
If a provision of these Terms is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
You acknowledge that these Terms constitutes the entire agreement between you and us regarding your use of the Site and supersedes all prior agreements with respect to the subject matter of these Terms.
Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it.
Any failure to act with respect to a breach of these Terms by you or others does not constitute a waiver of our right to act with respect to that breach or subsequent similar or other breaches.
You may not assign or delegate any rights or obligations under these Terms. We reserve the right to assign or delegate all rights and obligations under these Terms without notice to you.
Any complaints relating to your use of the Site should be directed to us by email to firstname.lastname@example.org.