Last Updated: July 31, 2024
THIS IS A LEGALLY BINDING AGREEMENT (THE "AGREEMENT") BETWEEN YOU AND REBOOT CR, S.A.(A COMPANY ESTABLISHED UNDER THE LAWS OF THE REPUBLIC OF COSTA RICA), YOU MUST READ THE TERMS AND CONDITIONS OF USE SET OUT BELOW CAREFULLY BEFORE USING THE 4THEWORDS WEBSITE. BY ACCESSING, BROWSING, SUBSCRIBING TO OR OTHERWISE USING THE 4THEWORDS WEBSITE, YOU AGREE TO COMPLY WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, AS AMENDED FROM TIME TO TIME BY REBOOT CR IN ITS SOLE DISCRETION. IF YOU DO NOT AGREE WITH ANY OF THE TERMS AND CONDITIONS SET OUT IN THIS AGREEMENT, DO NOT USE THE 4THEWORDS WEBSITE.
THIS AGREEMENT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS.
1. DESCRIPTION OF SERVICE 4thewords is a web-based service provided by Reboot CR (hereafter 4thewords) that allows its users to create and maintain online written entries. Once a user has registered with 4thewords, the user will receive access to a writing platform where the user can create their writing and win coins and badges accordingly. The user has the option to continue with a paid subscription plan that has a fee that automatically renews (the “fee”) unless canceled by the user. The subscription plans and fees charged may be updated at any time and at sole discretion of 4thewords.
2. APPLICATION "You", "your" or "User" means an adult user of the Service (as defined herein) acting independently or as parent or guardian for any minor whom you allow to access the Service and for whom you will be held strictly responsible.
By accessing or using the 4thewords website at www.4thewords.com, app.4thewords.com or 4thewords.com (the "Site") you agree that you have read, understand and agree to be bound by this Agreement, whether or not you are a registered User of 4thewords.
3. AMENDMENTS TO TERMS OF USE AND THE SERVICE We reserve the right, at our sole discretion, to change, modify, add, or delete portions of this Agreement at any time without further notice. If we do this, we will post the changes to the Agreement on the Site and will indicate at the top of this page the date the Agreement was last revised. Your continued use of the Service after any such changes constitutes your acceptance of the revised Agreement. If you do not agree to abide by this Agreement or any future revisions, do not use or access (or continue to use or access) the Service. It is your responsibility to regularly check the Site to determine if there have been changes made and to review such changes.
4. MEMBERSHIP, REGISTRATION DATA, ACCOUNT, FEES AND SECURITY Upon registration with the Service you may be issued a user name and/or password (collectively, the "Account") in order to access certain sections of the Service and/or certain services available through the Service. In consideration of your use of the Service, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Service ("Registration Data"); (b) maintain the security and confidentiality of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to 4thewords, in order to keep it accurate, current and complete; and (d) be fully responsible for all use of your Account and for any actions that take place using your Account. Users shall be responsible for paying the Fee (defined above in Section 1). In the event that we deactivate or terminate your Account as described in Section 9 below and elsewhere in this Agreement, you will not be entitled to a refund of any Fees paid. In some cases your account will automatically renew based on the option you selected, unless you fail to pay the Fee or have disabled Automatic Renewal (as defined below) from your Account, in which case your account may be moved to a free tier or deactivated until you pay the Fee. If you elect to delete your account, any and all data may be permanently erased. 4thewords shall have no liability to you or any third party in connection with your Account renewal, including but not limited to, any failure or errors in renewing your Account. Users may pay the Fee using Visa, MasterCard, American Express, or PayPal and accounts will automatically renew prior to their Expiry Date unless the automatic renewal feature of such Accounts ("Automatic Renewal") has been disabled. Unless Users have disabled Automatic Renewal, Users agree and consent to 4thewords withdrawing payment of the Fee prior to the Expiry Date. Users who choose to use PayPal shall be subject to the PayPal User Agreement and 4thewords specifically disclaims all responsibility and liability for the reliability, operability or availability of the PayPal service or for any damages, losses, costs and expenses arising out of a PayPal transaction, including but not limited to the failure to pay a Fee or receive a refund.
Users may purchase a “Lifetime Subscription” which is understood to last (a) the lifetime of the individual, or (b) until 4thewords ceases its business operations. Lifetime Subscriptions are non-transferable and proof of identity may be asked at any time by 4thewords.
You are responsible for all activities that occur through the use of your Account. You agree to: (a) immediately notify 4thewords of any unauthorized use of your Account or any other breach of security; and (b) ensure that you exit from your Account at the end of each session on shared computers. 4thewords will not be liable for any loss or damage arising from your failure to comply with this section. 4thewords may also, in its sole discretion and without liability, issue you a new account, change your coins, badges, levels and any other features related to your account.
If you provide any information that is untrue, inaccurate, not current or incomplete, or 4thewords has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, 4thewords has the right to deactivate or terminate your Account and refuse any and all current or future use of the Service (or any portion thereof), without liability.
5. PRIVACY POLICY 4thewords may collect personal information through use of the Service. 4thewords's collection, use and disclosure of your personal information is governed by its Privacy Policy: https://www.4thewords.com/privacy
6. OWNERSHIP AND RESPONSIBILITY WITH RESPECT TO USER CONTENT 4thewords does not endorse, support, represent or guarantee the accuracy or reliability of any communications or content Posted on the Service or endorse any opinions expressed via the Service. You are solely responsible for the entries, projects, messages, profiles, information, notes, text, and other content (collectively, the "User Content") that you upload, publish, display or transmit to or share with others or create public links to (hereinafter "Post") on or through the Service. You understand and agree that 4thewords may, but is not obligated to, review and delete or remove, without notice, any shared User Content in its sole discretion, including, without limitation, User Content that in the sole judgment of 4thewords violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others. You also agree that you must evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of any User Content. Any User Content that is shared or made public on the Service or otherwise may be considered for editorial purposes as published work, thus hindering or limiting publication rights form editorial companies. If this is relevant for your work, 4thewords highly recommend adjusting privacy settings to Private or Unlisted mode in order to prevent User content to be shared and public.
4thewords does not claim ownership of User Content that users Post on the Service, whether public or private. However, by sharing or otherwise making public any User Content on any part of the Service you thereby grant, and you represent and warrant that you have the right to grant, to 4thewords an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, reproduce, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content, and to grant and authorize sublicenses of the foregoing, to the extent that the foregoing is required to provide the Service. With respect to any User Content that is not shared or otherwise made public by you, you hereby grant, and you represent and warrant that you have the right to grant, to 4thewords an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use such User Content but only to the extent required to make such User Content available to you in accordance with your Account settings.
You acknowledge and agree that 4thewords may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Agreement; (c) respond to claims that any User Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of 4thewords, its users and the public.
7. GENERAL USER CONDUCT You acknowledge and agree that the Service is available for your personal, non-commercial use only.
You represent, warrant and agree that no materials of any kind submitted through your Account or otherwise Posted or shared by you through the Service will violate or infringe the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights, or contain libelous, defamatory or otherwise unlawful material. You agree that you will not use the Service in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Service.
You further agree not to use the Service or the Site to:
(a) harvest or collect email addresses or other contact information of Users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
(b) use automated scripts to collect information from the Service or for any other purpose;
(c) upload, Post, transmit, share or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
(d) upload, Post, transmit, share or otherwise make available any User Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
(e) Register for an account on behalf of an individual other than yourself, or register for an Account on behalf of any group or entity;
(f) impersonate any person or entity, including but not limited to a person or entity affiliated with 4thewords, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
(g) upload, Post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, surveys, contests, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
(h) upload, Post, transmit, share or otherwise make publicly available on the Service any private or personal information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, Social Insurance numbers, and credit card numbers;
(i) solicit personal information from anyone under 18 or solicit passwords or personal information for commercial or unlawful purposes;
(j) collect or store personal information about other Users;
(k) upload, Post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(l) advertise or offer to sell any goods or services for any commercial purpose unless you have 4thewords's written consent to do so;
(m) download any file that you know, or reasonably should know, cannot be legally obtained in such manner;
(n) interfere with or disrupt the Service, or any of our other sites, servers, or networks, or disobey any requirements, policies, or regulations of networks connected to the Service;
(o) forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through our Service or to manipulate your presence on our Service;
(p) take any action that imposes an unreasonably or disproportionately large load on our infrastructure;
(q) intentionally or unintentionally violate any applicable local, State, Provincial, national or international law;
(r) upload, Post, transmit, share or otherwise make available any material that encourages conduct that may constitute a criminal offense, give rise to civil liability or otherwise violate any applicable municipal, provincial, federal and international law and/or regulation; and (s) in any way harass another.
ANY ATTEMPT TO DELIBERATELY DAMAGE THE SERVICE OR ANY RELATED WEBSITE MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, 4THEWORDS RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING BUT NOT LIMITED TO CRIMINAL PROSECUTION.
8. LIMITATIONS ON USER CONTENT The following limitations apply with respect to User Content:
(a) any User Content that contains nudity, sexually graphic material, or any other User Content that is deemed by 4thewords, in its sole discretion, to be explicit, should be made private. 4thewords reserves the right, in its sole discretion, to block Users from sharing any such User Content with other Users;
(b) Users may not Post User Content that promotes pedophilia, incest and/or bestiality;
(c) Users may not Post User Content that exists for the primary purpose of either commercially distributing pornographic content, or directing traffic to sites whose purpose is the commercial distribution of pornographic content;
(d) 4thewords has a zero-tolerance policy against child pornography and will terminate the access of, and report to the authorities, any User who Posts or distributes child pornography;
(e) Users may not Post User Content that promotes hatred towards any group based on race, ethnic origin, religion, gender, disability, age, veteran status, sexual orientation and gender identity;
(f) Users may not Post threats of violence or any physical or emotional harm against any person or group of people.
Notwithstanding the foregoing, you acknowledge and agree that by using the Service, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language or containing mature subject matter. You agree to use the Service at your sole risk and that 4thewords shall have no liability to you for content that may be found to be offensive, indecent or objectionable.
9. TERMINATION AND MODIFICATION 4thewords may in its sole discretion and at any time discontinue or modify the provision of the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Agreement may be affected without prior notice and acknowledge and agree that 4thewords may, for any reason, and without a refund to you of any Fees, immediately deactivate or terminate your Account and any or all User Content, information and files in your Account and/or bar any further access to such files or the Service. Further, you agree that 4thewords shall not be liable to you or any third party for any termination of your access to the Service, or modification, suspension or discontinuance of the Service.
You agree that 4thewords, at any time and in its sole discretion, may deactivate or terminate your Account (or any part thereof) or use of the Service, without a refund to you of any Fees, and remove and discard any User Content within the Service, if 4thewords believes that you have violated or acted inconsistently with the letter or spirit of the Agreement and/or 4thewords' Privacy Policy.
Should you no longer desire to use the Service, you may either deactivate or terminate your Account with 4thewords. You may deactivate your Account from the Account page, however, your User Content and/or personal information may not be deleted by 4thewords. In order to terminate your Account, and permanently remove your User Content and/or personal information, you must contact 4thewords at
[email protected] from the e-mail address used to create your Account. In the event that a user deactivates or terminates his/her Account, such User will not be entitled to a refund of any Fees.
10. ACCOUNT REACTIVATION If you have not violated any of the provisions of this Agreement or the Privacy Policy, and provided you have not terminated your Account in accordance with Section 9, your Account may be reactivated by either contacting us at
[email protected], or by logging in with your username and password. This login will initiate the Account reactivation process and an e-mail will be sent to your email address with a link for reactivation. 4thewords assumes no responsibility for any User Account which is no longer available upon such Account reactivation.
Any requests for Account reactivation by a User that was deemed by 4thewords, in its sole discretion, to be in violation of either the Agreement and/or 4thewords's Privacy Policy will be subject to review and 4thewords may, in its sole discretion, grant or refuse such requests.
11. PROPRIETARY RIGHTS IN SERVICE CONTENT You acknowledge and agree that the Service and any software used in connection with the Service (the "Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including, without limitation, for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by 4thewords for use in accessing the Service.
All content on the Service, including but not limited to designs, text, graphics, pictures, video, information, software, music, sound and other files, and their selection and arrangement (the "Service Content"), are the proprietary property of 4thewords, its Users or its licensors with all rights reserved. No Service Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, Posted, transmitted or sold in any form or by any means, in whole or in part, without 4thewords' prior written permission.
12. LIMITED LICENSE Provided that you are eligible for use of the Service, you are granted a limited, non-exclusive, non-transferable license to access and use the Service and to download or print a copy of any portion of the Service Content solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact (the "License"). Except for your own User Content, you may not republish Service Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Service Content is strictly prohibited.
Such License is subject to this Agreement and does not include use of any data mining, robots or similar data gathering or extraction methods. Any use of the Service or the Service Content other than as specifically authorized herein, without the prior written permission of 4thewords, is strictly prohibited and will terminate the License granted herein. Such unauthorized use may also violate applicable laws including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring any license to intellectual property rights, whether by implication or otherwise. The License is revocable at any time without notice and with or without cause.
13. CONTENT LINKED TO BY 4THEWORDS The sites displayed or linked to by 4thewords are developed by third parties over whom 4thewords exercises no control. 4thewords does not screen the sites for content before including them on the Service. 4thewords Users may link to sites and/or content that some people find objectionable, inappropriate, or offensive. 4thewords makes no representations or warranties of any kind regarding the content of such third party sites and does not guarantee that such content shall not include unintended or objectionable content and assumes no responsibility for the content of any site included in our lists or otherwise linked to by 4thewords. 4thewords shall not be responsible for the availability of such external sites or resources, or endorse or be liable for any content, advertising, products, or other materials on or available from such sites or resources.
You further acknowledge and agree that 4thewords shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such linked site or resource. You acknowledge and agree that you may be subject to the terms and conditions and/or privacy policies ("Third Party Terms") associated with such linked sites or resources and 4thewords shall not be responsible or liable for your failure to comply with such Third Party Terms.
14. PARTICIPATION OF ADVERTISERS AND/OR MERCHANTS You understand and agree that some or all of the Service may include advertisements. You also understand and agree that you will not obscure any advertisements from general view via HTML/CSS or any other means. By using the Service, you agree that 4thewords has the right to run such advertisements with or without prior notice, and without compensation to you or any other User. The manner, mode and extent of advertising by 4thewords on your User Content and throughout the Service shall be determined by 4thewords in its sole discretion.
From time to time, the Service may also contain promotions from third parties. As a result, you may have the opportunity from time to time to enter into correspondence with or participate in promotions offered by any advertisers and/or merchants displaying their products or services on the Service. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser and/or merchant. 4thewords assumes no liability, obligation or responsibility for any part of any such correspondence or promotion.
15. DISCLAIMER OF WARRANTIES 4THEWORDS DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION, MATERIAL, DATA, PRODUCTS OR SERVICES DISPLAYED ON OR INCLUDED IN THE SERVICE. 4THEWORDS DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION, MATERIAL, DATA, PRODUCTS OR SERVICES. 4THEWORDS DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION, MATERIAL, DATA PRODUCTS OR SERVICES ON THE INTERNET THROUGH THE SERVICE OR IN RELATION TO THE SERVICE.
THE SERVICE, AND ALL MATERIALS, INFORMATION, DATA, PRODUCTS AND SERVICES INCLUDED IN THE SERVICE ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. 4THEWORDS AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS AND IMPLIED WARRANTIES AND CONDITIONS ARISING FROM THE COURSE OF DEALING OR COURSE OF PERFORMANCE.
4THEWORDS AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICE AND ALL MATERIALS, INFORMATION, DATA, PRODUCTS AND SERVICES INCLUDED IN THE SERVICE. 4THEWORDS DOES NOT WARRANT THAT THE SERVICE OR ANY MATERIALS, INFORMATION, DATA, PRODUCTS OR SERVICES INCLUDED IN THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, SOFTWARE OR THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
4THEWORDS AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SERVICE AND ALL MATERIALS, INFORMATION, DATA, PRODUCTS AND SERVICES INCLUDED IN THE SERVICE. 4THEWORDS AND ITS LICENSORS ALSO DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE SERVICE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICE. IN NO EVENT WILL 4THEWORDS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU OR ANYONE ELSE IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THE SERVICE.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL, DATA, INFORMATION, PRODUCTS AND SERVICES THROUGH THE USE OF THE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL, DATA, INFORMATION, PRODUCTS AND SERVICES.
16. LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES SHALL 4THEWORDS OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE SERVICE. SUCH LIMITATION OF LIABILITY FOR ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF 4THEWORDS OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICE, FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, DATA OR ACCOUNT, FROM INABILITY TO USE THE SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICE.
THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SERVICE.
THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO UNAUTHORIZED ACCESS TO OR ALTERATION OF YOU TRANSMISSIONS OR DATA.
THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
Without limiting the foregoing, under no circumstances shall 4thewords or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
17. INDEMNITY You agree to indemnify, defend and hold harmless 4thewords and its subsidiaries and affiliates, and each of their directors, officers, employees, agents, representatives, licensors and licensees, from any damages, losses, costs and expenses (including legal fees), incurred in connection with any third party claim or demand arising out of your User Content, your use of the Service, your connection to the Service, your breach of this Agreement or your violation of any law or the rights of such third party. 4thewords reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and you shall cooperate fully as reasonably required by 4thewords.
18. GOVERNING LAW AND JURISDICTION This Agreement and your use of the Service shall be governed and construed in accordance with Costa Rican laws applicable therein, excluding the application of any rule or principal of conflict of law that might otherwise refer construction, interpretation, or the resolution of any dispute to the laws of another jurisdiction.
Any dispute arising under this Agreement shall be resolved exclusively by the courts located in San Jose, Costa Rica. You agree not to bring any legal action against 4thewords in any jurisdiction except the province of San Jose and you shall submit and consent to such jurisdiction.
19. GENERAL This Agreement and the Privacy Policy constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. In the event of any discrepancy between this Agreement and the Privacy Policy, this Agreement shall govern and control. Any waiver of any provision of the Agreement will be effective only if in writing and signed by 4thewords. If any provision of this Agreement shall be deemed unlawful, invalid, or unenforceable by a court of law, then the impugned provision shall be deemed severed and shall not affect the validity and enforceability of any remaining provisions. Your use of the Service is not intended and shall not be deemed to create any agency, joint venture or other legal relationship of any kind between you and 4thewords other than that of independent contractors.
20. CHANGES IN TERMS AND CONDITIONS We reserve the right to modify the Service from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, the Account of any other User or any third party. We reserve the right to modify this Agreement from time to time without notice. Please review this Agreement from time to time so that you will be apprised of any changes.
