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Privacy Policy:

In short, we take privacy very seriously:

1. Information we collect. We're very sparing in how much personal information we collect from whimwords participants. When you RSVP for an event and reserve a whimword at whimwords.com, all we request is a working email address, along with your whimword, password, and event selection. We also track some technical information that comes with your web browser's request to our site, such as your browser type and your network address.
2. How we handle your information. We handle your personal information carefully. We make your whimword visible to others who have RSVP'd to your event, but it is not shown with any information that identifies you as the owner of the word. When you indicate that you would like to swap email addresses with another whimwords participant, and if that participant indicates a similar interest, we show them your email address. We may also share your email address and whimword with the host of your event. Except for the cases just mentioned, we keep all information you provide strictly confidential. We do not share it with any other organizations or third parties, unless you specifically ask us to do so, or unless we are required to do so by applicable laws or court orders.
3. When and why we email you. We email you occasionally with information about our service, notifications about your account, and requests for feedback. We respect your time and we try to keep our email communications to a minimum. However, if you wish to close your account and stop receiving email communication from whimwords.com, you may write to us at support@whimwords.com at any time and we will promptly handle your request.
4. Updates to this policy. We reserve the right to update this privacy policy from time to time. The most current version will always be available at this page. We are happy to answer any questions you have about our policies; please direct questions to info@whimwords.com

Terms of Service:

The following terms and conditions govern all use of the whimwords.com website and all content, services and products available at or through the website, including, but not limited to, the whimwords.com account or membership service, (taken together, the “System”). The System is owned and operated by Nilavi, Inc. (“Nilavi”). Products and services available on the System are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Nilavi’s Privacy Policy) and procedures that may be published from time to time on this Site by Nilavi (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the System. By accessing or using any part of the System, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access the System or use any services. If these terms and conditions are considered an offer by Nilavi, acceptance is expressly limited to these terms. The System is available only to individuals who are at least 13 years old.

1. Your whimwords.com Account and Site. If you create an account or reserve a whimwords on the System, you are responsible for maintaining the security of your account and your whimwords, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. Nilavi may refuse to register or renew any whimword. You must immediately notify Nilavi of any unauthorized uses of your account, whimword or any other breaches of security. Nilavi will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
2. Responsibility of Acccount Users. If you send information or material through an account, post information or material to the System, post links on the System, or otherwise make (or allow any third party to make) material available by means of the System or through an account registered or accessed through the System (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, a video file, an animation file, or computer software. By making Content available, you represent and warrant that:
   • downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
   • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
   • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
   • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
   • the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
   • the Content is not obscene, libelous or defamatory, or hateful, and does not violate the privacy or publicity rights of any third party;
   • your whimword is not selected in a manner that misleads your readers into thinking that you are another person or entity. For example, your whimwords is not a trademark other than those owned by yourself or by a company that you lawfully represent; and
   • you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Nilavi or otherwise.
   • submitting Content to Nilavi for inclusion on our System, for example, as a description associated with your registered account or whimwords, you grant Nilavi a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your whimword and account. If you delete Content, Nilavi will use reasonable efforts to remove it from the System, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
   • limiting any of those representations or warranties, Nilavi has the right (though not the obligation) to, in Nilavi’s sole discretion (i) refuse or remove any content that, in Nilavi’s reasonable opinion, violates any Nilavi policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the System to any individual or entity for any reason, in Nilavi’s sole discretion. Nilavi will have no obligation to provide a refund of any amounts previously paid.
3. Responsibility of System Visitors. Nilavi has not reviewed, and cannot review, all of the material, including computer software, posted to the System or sent through an account registered or accessed through the System, and cannot therefore be responsible for that material’s content, use or effects. By operating the System, Nilavi does not represent or imply that it endorses the material there posted or sent through an account registered or accessed through the System, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The System may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The System may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Nilavi disclaims any responsibility for any harm resulting from the use by visitors of the System or by account users, or from any downloading by those visitors of content there posted.
4. Content Posted on Other Systems. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which whimwords.com links, and that link to whimwords.com. Nilavi does not have any control over those non-whimwordss websites and webpages, and is not responsible for their contents or their use. By linking to a non-whimwordss website or webpage, Nilavi does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Nilavi disclaims any responsibility for any harm resulting from your use of non-Whimwords websites and webpages.
5. Copyright Infringement and DMCA Policy. As Nilavi asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by whimwords.com violates your copyright, you are encouraged to notify Nilavi in accordance with Nilavi’s Digital Millennium Copyright Act (”DMCA”) Policy. Nilavi will respond to all such notices that it receives, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Nilavi or others, Nilavi may, in its discretion, terminate or deny access to and use of the System. In the case of such termination, Nilavi will have no obligation to provide a refund of any amounts previously paid to Nilavi.
6. Intellectual Property. This Agreement does not transfer from Nilavi to you any Nilavi or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Nilavi. Nilavi, whimwordss, whimwords.com, the whimwords.com logo, and all other trademarks, service marks, graphics and logos used in connection with whimwords.com, or the System are trademarks or registered trademarks of Nilavi or Nilavi’s licensors. Other trademarks, service marks, graphics and logos used in connection with the System may be the trademarks of other third parties. Your use of the System grants you no right or license to reproduce or otherwise use any Nilavi or third-party trademarks.
7. Changes. Nilavi reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the System following the posting of any changes to this Agreement constitutes acceptance of those changes. Nilavi may also, in the future, offer new services and/or features through the System (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
8. Termination. Nilavi may terminate your access to all or any part of the System at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your whimwords.com account (if you have one), you may simply discontinue using the System. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
9. Disclaimer of Warranties. The System is provided “as is”. Nilavi and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Nilavi nor its suppliers and licensors, makes any warranty that the System will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the System at your own discretion and risk.
10. Limitation of Liability. In no event will Nilavi, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interuption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Nilavi under this Agreement during the twelve (12) month period prior to the cause of action. Nilavi shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
11. General Representation and Warranty. You represent and warrant that (i) your use of the System will be in strict accordance with the Nilavi Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the System will not infringe or misappropriate the intellectual property rights of any third party.
12. Indemnification. You agree to indemnify and hold harmless Nilavi, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the System, including but not limited to out of your violation this Agreement.
13. Miscellaneous. This Agreement constitutes the entire agreement between Nilavi and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Nilavi, or by the posting by Nilavi of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the System will be governed by the laws of the Commonwealth of Massachusetts, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Essex County, Massachusetts. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Boston, Massachusetts, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Nilavi may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.