Last revised on May 4, 2017
(“Crossword Star”) provides the website located at www.wubuapps.com (the “Site”). Our Crossword Puzzle service can be found via our mobile device application (“App”). Any time “Services” are mentioned in this document, we are referring to the Site, the App and our services.
By using our Services, you agree to be bound by these Terms. If you do not agree to be bound by these Terms, then please do not use the Services.
Our Privacy Policy will tell you how we collect, use and disclose information from our wonderful users. By using our services, you acknowledge and agree to be subject to our Privacy Policy.
From time to time we update the Terms. And we can do this at our sole discretion. If we do so, we will let you know either by posting the modified Terms on the Site or through other communications. It is important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the Site, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
You agree that disputes between you and Crossword Star will be resolved by binding individual arbitration and you are waiving your right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. The exception to this is if you opt out of arbitration within 30 days of the date you first agree to these terms by following the opt-out procedure specified in the “Arbitration” section below, and except for certain types of disputes described in the “Arbitration” section below.
Only those who are 13 years or older may use the Services and are not barred from using the Services under applicable law. To make a purchase via the Services (described in the Section titled “Purchases” below), you must be 18 years or older and capable of forming a binding contract.
If you want to use certain features of the Services you will have to create an account (“Account”). You can do this via the App or the Site or through your account with certain third-party social networking services such as Facebook (each, an “SNS Account”). If you choose the SNS Account option we will create your Account by extracting from your SNS Account certain personal information such as your name and email address and other personal information that your privacy settings on the SNS Account permit us to access.
It is important that you provide us with accurate, complete, and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete, and up-to-date. If you don’t, we might have to suspend or terminate your Account. You agree that you will not disclose your Account password to anyone and you will notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.
Using the paid functionality of our Services, users can gain access to the crossword puzzles. This is described in further detail under the Section titled “Purchases” below.
You understand and agree that the Services and any other information you learn from Crossword Star are not intended, designed, or implied to diagnose, prevent, or treat any condition or disease, to ascertain the state of your health, or to be a substitute for professional medical care. Not all activities described on the Services are suitable for everyone. Do not use the Services while driving, operating heavy machinery, or performing other tasks that require attention and concentration. You understand and agree that you are solely responsible for your use of the Services.
Crossword Star offers more features of the Services which you can purchase as a monthly or yearly subscription. A description of features associated with Subscriptions is available via the Services. The amounts due and payable by you for a Subscription that you purchase through the Services will be presented to you before you place your order. If you choose to purchase a Subscription via the Services, you agree (a) to pay the applicable fees and any taxes; (b) that Crossword Star may charge your credit card for verification, pre-authorization and payment purposes if you purchase via the site, or if you purchase via the App, charge your account with the app store or distribution platform (like the Apple App Store or Google Play) where the App is made available (each, an “App Provider”); and (c) to bear any additional charges that your App Provider, bank or other financial service provider may levy on you as well as any taxes or fees that may apply to your order. You’ll receive a confirmation email after we confirm the payment for your order. Your order is not binding on Crossword Star until accepted and confirmed by Crossword Star. All payments made are non-refundable and non-transferable except as expressly provided in these Terms.
All amounts are payable and charged: (i) for one-off purchase (e.g. lifetime Subscription), at the time you place your order; and (ii) For monthly or yearly subscriptions, at the beginning of the subscription and, because each such subscription renews automatically for an additional period equal in length to the expiring subscription term until you cancel it, at the time of each renewal until you cancel. You must cancel your monthly or yearly Subscription before it renews to avoid the billing of the fees for the next Subscription period.
If you purchase your Subscription via the Site, you can cancel the renewal of your subscription at any time by contacting us by email at [email protected]. If you purchase your Subscription via an App Provider, you can cancel the renewal of your subscription with the App Provider. You will not receive a refund for the fees you already paid for your current subscription period, and you will continue to receive the Services ordered until the end of your current Subscription period.
If you have any concerns or objections regarding charges, you agree to raise them with us first and you agree not to cancel or reject any credit card or App Provider charges unless you have made a reasonable attempt at resolving the matter directly with Crossword Star.
Crossword Star reserves the right to not process or to cancel your order in certain circumstances, for example, if your credit card is declined, if we suspect the request or order is fraudulent, or in other circumstances Crossword Star deems appropriate in its sole discretion. Crossword Star also reserves the right, in its sole discretion, to take steps to verify your identity in connection with your order. Crossword Star will either not charge you or refund the charges for orders that we do not process or cancel.
Crossword Star reserves the right to change its pricing terms for Subscriptions at any time and Crossword Star will notify you in advance of such changes becoming effective. Changes to the pricing terms will not apply retroactively and will only apply for Subscription renewals after such changed pricing terms have been communicated to you. If you do not agree with the changes to Crossword Star’s pricing terms then you may choose not to renew your Subscription in accordance with the section “Subscriptions Automatically Renew Until You Cancel & How to Cancel Your Subscription.”
You agree that your purchases are not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by Crossword Star regarding future functionality or features.
Any feedback, comments and suggestions for improvements to the Services (“Feedback”) is greatly appreciated. If you want to submit Feedback, please send an email [email protected].
You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicenseable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon the Feedback for any purpose.
For purposes of these Terms, (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) “User Content” means any Content that users (including you) provide to be made available through the Services. Content includes without limitation User Content.
Crossword Star does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, Crossword Star and its licensors exclusively own all right, title, and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.
By making any User Content available through the Services, you hereby grant to Crossword Star a non-exclusive, transferable, sublicenseable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform and distribute your User Content in connection with operating and providing the Services and Content to you and to other users.
Subject to your compliance with these Terms, Crossword Star grants you a limited, non-exclusive, non-transferable, non-sublicenseable license to download, view, copy and display the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.
Subject to your compliance with these Terms, Crossword Star grants you a limited non-exclusive, non-transferable, non-sublicenseable license to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal non-commercial purposes. Crossword Star reserves all rights in and to the App not expressly granted to you under these Terms.
You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not:
You agree not to do any of the following:
Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
The Services and App may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products, or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by sending an email to us at [email protected]. If you purchase a Subscription via an App Provider, you should also cancel your Subscription with the App Provider directly. Upon any termination, discontinuation, or cancellation of Services or your Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.
The services and content are provided “as is,” without warranty of any kind. Without limiting the foregoing, we explicitly disclaim any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement and any warranties arising out of course of dealing or usage of trade.
We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any Content.
You will indemnify and hold harmless Crossword Star and its officers, directors, employees, and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Services or Content or (ii) your violation of these Terms.
Neither Crossword Star nor any other party involved in creating, producing, or delivering the services or content will be liable for any incidental, special, exemplary, or consequential damages, including lost profits, loss of data or goodwill, service interruption, computer damage or system failure or the cost of substitute services arising out of or in connection with these terms or from the use of or inability to use the services or content, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not Crossword Star has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
In no event will Crossword Star’s total liability arising out of or in connection with these terms or from the use of or inability to use the services or content exceed the amounts you have paid to Crossword Star for use of the services or content or fifty dollars ($50), if you have not had any payment obligations to Crossword Star, as applicable. The exclusion and limitations of damages set forth above are fundamental elements of the basis of the bargain between Crossword Star and you.
These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions.
You and Crossword Star agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof or the use of the Services or Content (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right:
If you do not wish to arbitrate disputes, you may opt out by providing written notice within thirty (30) days of accepting these Terms, by emailing [email protected]. You agree that the state and federal courts in the Northern District of California will have exclusive jurisdiction for any IP Protection Action, and each party waives any objection to venue in such courts.
Unless you opt out, you agree to waive the right to a trial by jury and to participate in any class action or representative proceeding. If this paragraph is deemed unenforceable, the entirety of this “Dispute Resolution” section will be void. Otherwise, this section will survive termination of these Terms.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect. The Federal Arbitration Act will govern the interpretation and enforcement of this section.
A party initiating arbitration must provide the other party with a written Demand for Arbitration, as specified in the AAA Rules. The arbitrator will be a retired judge or licensed attorney chosen from the AAA’s roster. If the parties cannot agree on an arbitrator within seven (7) days, the AAA will appoint one.
Unless agreed otherwise, arbitration will take place in the county where you reside. Claims not exceeding $10,000 may proceed based on submitted documents unless a hearing is requested or deemed necessary by the arbitrator. For claims over $10,000, a hearing will be determined by the AAA Rules. The arbitrator may direct a reasonable exchange of information consistent with the arbitration’s expedited nature.
The arbitrator will render a decision within the time frame specified in the AAA Rules. The award may be entered in any court of jurisdiction. Damages awarded must align with the “Limitation of Liability” section of these Terms. Prevailing parties may be entitled to attorney’s fees, and Crossword Star waives the right to seek these fees if it prevails.
Your responsibility to pay AAA filing, administrative, and arbitrator fees will follow the AAA Rules. However, if your claim is under $75,000, Crossword Star will cover these fees unless the claim is deemed frivolous or improper.
If Crossword Star updates this “Dispute Resolution” section, you may reject these changes within 30 days by sending written notice (including by email to [email protected]). By rejecting changes, you agree to arbitrate Disputes in accordance with the terms as they were when you first accepted these Terms.
These Terms constitute the entire and exclusive understanding and agreement between Crossword Star and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Crossword Star and you regarding the Services and Content. If any provision of these Terms is held invalid or unenforceable (either by an arbitrator appointed pursuant to the terms of the “Arbitration” section above or by a court of competent jurisdiction, but only if you timely opt out of arbitration by sending us an Arbitration Opt-out Notice in accordance with the terms set forth above), that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without Crossword Star’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Crossword Star may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
Any notices or other communications provided by Crossword Star under these Terms, including those regarding modifications to these Terms, will be given: (i) by Crossword Star via email; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
Crossword Star’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Crossword Star. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
If you have any questions about these Terms or the Services, please contact us at [email protected].