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Lord Word Worm
Facebook Game and Paper Puzzles

 

Facebook Game - Terms of Service

Updated 19 February 2011

This Terms of Service (also referred to as "Terms") is a legally binding agreement that governs your use of the Lord Word Worm Facebook Game and the other associated services (collectively known as the "Lord Word Worm Service" or the "Service") developed by Inventerprising Pty Ltd. Please read the following Terms of Service carefully. If you do not agree with all of the terms of this agreement, you must not use the Lord Word Worm game or any associated services.

1) Access to Lord Word Worm

a) Subject to your acceptance of these Terms, Lord Word Worm grants to you a non-exclusive, non-transferable, revocable limited license to use the Service and related software (excluding source and object code) for your personal non-commercial use. You may not use the Service for any other purpose, or to copy or distribute the content of the Service except as specifically allowed in this agreement.

b) Lord Word Worm reserves the right to change these Terms in any way and at any time. However, no amendment to these Terms shall apply to a dispute of which Lord Worm had actual notice on the date of amendment. Whenever a modification to these Terms are made the 'Updated' date on this page will be amended to reflect this date. We may notify you of updates but the responsibility to check for any amendments is up to you. Your continued use of the Service after changes have been made to these Terms shall be deemed an acceptance of those changes

c) Lord Word Worm reserves the right to discontinue the Service or to change the content of the Service in any way and at any time, with or without notice to you, without liability.

d) You agree to be bound by any application, forum, or game specific rules published within the Service.

e) Your use of the Service is conditioned upon your compliance with these Terms and any use of the Service in violation of these Terms will be regarded as an infringement of Lord Word Worm's copyrights in and to the Service. Lord Word Worm reserves the right to terminate your access to the Service without notice if you violate these Terms.

f) You represent that you are 13 years old or older. Additionally, if you are between the ages of 13 and 18, you represent that your legal guardian has reviewed and agrees to these Terms.

2) Ownership of Intellectual Property

a) Unless otherwise specified in writing, all materials that are part of the Service are owned, controlled, or licensed by Inventerprising Pty Ltd and are protected by law from unauthorised use. The entire contents of the Service are copyrighted under the Australian copyright laws and/or similar laws of other jurisdictions. The names "Inventerprising Pty Ltd" and "Lord Word Worm", the Lord Word Worm logos, and all game names are trademarks of Lord Word Worm/Inventerprising Pty Ltd and may not be used without the express written permission of Lord Word Worm/Inventerprising Pty Ltd.

b) You do not acquire any ownership rights by using the Service, downloading material from or uploading material to the Service, or by purchasing any in-game credit.

c) You agree not to copy, redistribute, publish or otherwise exploit material from the Service, except as expressly permitted herein, without the express prior written permission of Inventerprising Pty Ltd.

d) All comments, feedback, suggestions, ideas, and other submissions (collectively referred to as "Ideas") disclosed, submitted, or offered to the Lord Word Worm Service or directly to Inventerprising Pty Ltd in connection with the use of the Service shall be the exclusive property of Inventerprising Pty Ltd. You agree that unless otherwise prohibited by law Inventerprising Pty Ltd may use, sell, exploit and disclose the Ideas in any manner, without restriction and without compensation to you.

3) In-Game Credit

a) The Service includes an in-game credit system denominated in dollars ($) and cents. The denomination of the in-game credits in dollars and cents is for convenience only and does not imply that they are to be interpreted as actual currency. Any in-game credit credited to you is not redeemable, transferable or usable as actual currency in any way. The sole use of the in-game credit is in order to play the Lord Word Worm game. You may never redeem the in-game credit for "real world" money, goods or other items of monetary value within Lord Word Worm or else from Inventerprising Pty Ltd nor any other party. You may purchase in-game credit only if you are a legal adult in your country of residence. Once you have purchased in-game credit the purchase is final and not refundable. Please refer to the Lord Word Worm Refund Policy for further details. You acknowledge and agree that you have read the Refund Policy and that the policy in its entirety is incorporated and made part of these Terms. If you do not agree to each and every part of the Lord Word Worm Refund Policy you should not play or use the Lord Word Worm Service. Enquiries related to refunds should be directed to the Lord Word Worm Team. Contact information is provided on the support page.

Any and all in-game credit is forfeited if you terminate your access to Lord Word Worm including but not limited to uninstalling the Lord Word Worm application from your Facebook account or if your Lord Word Worm account is terminated or suspended for any reason, in Inventerprising Pty Ltd's sole and absolute discretion, or if Inventerprising Pty Ltd discontinues providing the Service, or if your Facebook account is terminated or suspended for any reason.

b) Lord Word Worm/Inventerprising Pty Ltd has the absolute right to manage, regulate, control, modify and/or eliminate the in-game credits and/or the in-game credit system as it sees fit in its sole discretion, and Lord Word Worm/Inventerprising Pty Ltd shall have no liability to you or anyone for the exercise of such rights.

4) User Content

a) The Lord Word Worm Service may allow you to create, submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to Lord Word Worm Service or Inventerprising Pty Ltd and/or to or via the Service, including, without limitation, text, writings, photographs, graphics, comments, suggestions or personally identifiable information or other material (henceforth collectively referred to as "User Content"). Any or all of these materials may be treated as non-confidential and non-proprietary by Inventerprising Pty Ltd.

b) You agree that your User Content is wholly original to you and you exclusively own the rights to your User Content, including the right to grant all of the rights and licenses in these Terms without Inventerprising Pty Ltd incurring any third party obligations or liability arising out of its exercise of the rights thereto granted herein by you.

c) You grant to Inventerprising Pty Ltd the unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual fully-paid and royalty-free right and license to host, use, copy, distribute, reproduce, disclose, sell, resell, sublicense, display, perform, transmit, publish, broadcast, modify, make derivative works from, retitle, reformat, translate, archive, store, cache or otherwise exploit in any manner whatsoever, all or any portion of your User Content to which you have contributed, for any purpose whatsoever, in any and all formats; on or through any and all media, software, formula or medium now known or hereafter known; and with any technology or devices now known or hereafter developed and to advertise, market and promote same.

d) Inventerprising Pty Ltd has no obligation to monitor or enforce any intellectual property rights that may be associated with your User Content, but Inventerprising Pty Ltd does have the right to enforce such rights through any means it sees fit, including bringing and controlling actions on your behalf.

e) Inventerprising Pty Ltd and its Lord Word Worm Service have no obligation to accept, display, review, monitor, or maintain any User Content. We have the right to delete User Content from the Service without notice for any reason at any time. Inventerprising Pty Ltd may move, re-format, edit, alter, distort, remove or refuse to exploit User Content without notice to you and without liability; provided, however, that Inventerprising Pty Ltd reserves the right to treat User Content as content stored at the direction of users for which Inventerprising Pty Ltd will not exercise editorial control except to enforce the rights of third parties and the Content Restrictions set forth below when violations are brought to Inventerprising Pty Ltd's attention.

f) You acknowledge that you do not rely on Inventerprising Pty Ltd to monitor or edit the Service and that the Service may contain content which you find offensive and you hereby waive any objections you might have with respect to viewing such content.

5) Posting on Other Web Sites

a) You are granted a limited revocable license to post screen shots of the Lord Word Worm application, within the Service and any other materials that Inventerprising Pty Ltd specifically gives you notice may be posted on other web sites, on your own personal web site or on a third party web site that permits posting of content at the direction of users provided that such third party web site (i) is not commercially competitive to the Lord Word Worm Service or Inventerprising Pty Ltd, (ii) does not criticise or injure the Lord Word Worm Service or Inventerprising Pty Ltd, (iii) does not obtain any rights to such content other than a non-exclusive license to post it at your direction, and (iv) does not charge for access to such content or associated products, services or advertising with such content, so long as the web site where the link resides, and all other locations to which such site links, comply with all applicable laws and do not in any way abuse, defame, stalk, threaten or violate the rights of privacy, publicity, intellectual property or other legal rights of others or, in any way, post, publish, distribute, disseminate or facilitate any inappropriate, infringing, defamatory, profane, indecent, obscene, illegal/unlawful or otherwise objectionable information, topic, name or other material (an "Authorised Web Site"). All of Inventerprising Pty Ltd's rights and remedies are expressly reserved, and Inventerprising Pty Ltd may revoke this limited license, in whole or in part, upon notice.

b) Conditions on Posting on Other Web Sites: Without limitation, the following terms and conditions apply to your posting of a copy of screen shots of the Lord Word Worm application on an Authorised Web Site:

i)You must display a prominent link to the Service's homepage in connection with any of your use of Collaborative Content permitted hereunder, including, without limitation, in e-mails you are sending friends; and

ii) You agree to include, and not remove or alter, Lord Word Worm and Inventerprising Pty Ltd's trademark, copyright or other proprietary rights notices, as provided by Inventerprising Pty Ltd on the Service and within e-mail page(s), when displaying images from the Lord Word Worm Service, and you agree to comply with usage guidelines that may be provided by Inventerprising Pty Ltd from time to time. You agree that all goodwill that arises in connection with your use of Lord Word Worm and/or Inventerprising Pty Ltd's trademarks inures exclusively to Inventerprising Pty Ltd, and you agree not to challenge Inventerprising Pty Ltd's ownership or control of any Lord Word Worm and/or Inventerprising Pty Ltd trademarks, nor use or adopt any trademarks that might be confusingly similar to such Lord Word Worm and/or Inventerprising Pty Ltd trademarks.

6) Usage Rules

a) As a condition of your use of and access to the Service, you agree to comply with these Usage Rules further to the game specific rules within Lord Word Worm.

b) You agree that your use of and conduct on the Service shall be lawful and your User Content will not:

i) include any offensive comments that are connected to race, national origin and ethnicity, gender, sexual preference or physical handicap;

ii) include profanity or any obscene, indecent, pornographic, sexual or otherwise objectionable content or language;

iii) defame, libel, ridicule, mock, disparage, threaten, harass, intimidate or abuse anyone;

iv) promote violence or describe how to perform a violent act

v) violate the contractual, personal, intellectual property or other rights of any party, or promote or constitute illegal activity; or

vi) be in violation of these Terms or the game rules of conduct (collectively "Content Restrictions").

c) You and your activities on the Service will not:

i) reveal any personal information about another individual, including another person's address, phone number, e-mail address, credit card number or any information that may be used to track, contact or impersonate that individual;

ii) attempt to impersonate any other party;

iii) create user accounts by automated means or under false pretences or mislead others as to the origins of your communications;

iv) trick, defraud or mislead Lord Word Worm and/or Inventerprising Pty Ltd and other users, especially in any attempt to earn in-game credits without paying or learn sensitive account information such as passwords;

v) make improper use of the Lord Word Worm and/or Inventerprising Pty Ltd's support services or submit false reports of abuse or misconduct;

vi) engage in any commercial activities, including, without limitation, any attempt to raise money for anyone or advertise or promote a product, service, website, pyramid scheme or other multi-tiered marketing scheme;

vii) disparage, tarnish, or otherwise harm, in Inventerprising Pty Ltd's opinion, Inventerprising Pty Ltd and/or the Lord Word Worm Service;

viii) violate these Terms or any local, state, federal or international law, rule or regulation or any other requirements or restrictions posted by Inventerprising Pty Ltd on the Service;

ix) disseminate or transmit viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots or any other malicious or invasive code or program;

x) upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text) that interferes with any party's uninterrupted use and enjoyment of the Service and User Content or modifies, impairs, disrupts, alters or interferes with the use, features, functions, operation or maintenance of the Service, the User Content;

xi) copy or adapt the Service's software including but not limited to Flash, PHP, HTML, Java Servlets, JavaScript or other code;

xii) reverse engineer, decompile, reverse assemble, modify or attempt to discover any software (source code or object code) that the Service create to generate web pages or any software or other products or processes accessible through the Service;

xiii) upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats ("gifs"), 1x1 pixels, web bugs, cookies or other similar devices (sometimes referred to as "spyware," "passive collection mechanisms" or "pcms");

xiv) except as may be the result of standard search engine or Internet browser usage, use or launch, develop or distribute any automated system, including, without limitation, any spider, robot (or "bot"), cheat utility, scraper or offline reader that accesses the Service, or use or launch any unauthorised script or other software;

xv) cover or obscure any notice, banner or advertisement on the Service;

xvi) disguise the source of your User Content or other information you submit to the Service or use tools which anonymise your internet protocol address (e.g. anonymous proxy) to access the Service;

xvii) interfere with or circumvent any security feature of the Service or any feature that restricts or enforces limitations on use of or access to the Service, Collaborative Content or the User Content;

xviii) sell the Service or any part thereof including but not limited to in-game credit, game solutions, user accounts and access to them in exchange for real currency or items of monetary value; or

xix) engage in cheating or any other activity deemed by Inventerprising Pty Ltd to be in conflict with the spirit or intent of the Service.

d) Inventerprising Pty Ltd does not control or endorse the content, messages or information found in User Content portions of the Service or external sites that may be linked to or from the games or their forums and, therefore, Inventerprising Pty Ltd specifically disclaims any responsibility with regard thereto.

7) Privacy and Protection of Personal Information.

a) Lord Word Worm/Inventerprising Pty Ltd respects the privacy of visitors to our game. Information collected from you is subject to Lord Word Worm's Privacy Policy. By playing the game, you may be granting your social network permission to share your e-mail address and any other personally identifiable information with Inventerprising Pty Ltd. Please read the Privacy Policy for more information on the collection and use of your information. You acknowledge and agree that this Privacy Policy, including, but not limited to, the manner in which Lord Word Worm and/or Inventerprising Pty Ltd collects, uses and discloses your personally identifiable information, is incorporated and made part of these Terms. If you do not agree to each and every part of Lord Word Worm/Inventerprising Pty Ltd's Privacy Policy, then you should not play the game or submit any personally identifiable information through this game. Enquiries regarding privacy issues should be directed to support@lordwordworm.com.

8) Account Responsibility

a) This Service is offered through the Facebook social network. The Service is only available to persons who are registered members of Facebook through which they access the game and are in compliance with the policies or terms of use/service of Facebook. In creating your account with Facebook through which you will access the Lord Word Worm Service ("Account"), you agree to:

i) provide true, accurate, current and complete information about yourself ( "Registration Data"); and

ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.

b) Users that maintain more than one account on the Facebook social network may not access this Service from multiple accounts. If you provide any information that is untrue, inaccurate, not current or incomplete, or Inventerprising Pty Ltd has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Inventerprising Pty Ltd has the right to suspend or terminate your ability to participate in the Service and refuse any and all current or future use of the Service (or any portion thereof). Inventerprising Pty Ltd reserves the right to terminate accounts that have been inactive for 180 consecutive days.

9) Disputes with Others

a) We reserve the right, but have no obligation, to monitor and/or manage disputes between you and other users of the Service. If you have a dispute with other users, you release Inventerprising Pty Ltd and hereby agree to indemnify Inventerprising Pty Ltd from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.

10) Disclaimers; Limitations; Waivers of Liability

a) YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER THE LAWS APPLICABLE TO TERMS OF USE WITH ANY LEGALLY REQUIRED WARRANTY PERIOD TO THE SHORTER OF THIRTY DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED). Inventerprising Pty Ltd DOES NOT MAKE ANY REPRESENTATIONS AS TO THE PROPRIETARY AND QUALITY OF THE Lord Word Worm APPLICATION AND THE SERVICE AS A WHOLE OTHER THAN THAT NO MALICIOUS AND DESTRUCTIVE ELEMENTS HAVE BEEN INTENTIONALLY INCLUDED IN THE Lord Word Worm APPLICATION. BY ACCEPTING THAT THE SERVICE IS PROVIDED ON AN "AS IS" BASIS, YOU THEREFORE, ALSO ACCEPT THAT Inventerprising Pty Ltd IS NOT LIABLE FOR ANY DAMAGE TO YOUR HARDWARE OR SOFTWARE RESULTING FROM ANY Lord Word Worm APPLICATION MALFUNCTION. WITHOUT LIMITING THE FOREGOING, NEITHER Inventerprising Pty Ltd NOR ANY OF ITS DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, "Inventerprising Pty Ltd PARTIES") WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

b) TO THE FULLEST EXTENT PERMITTED BY LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT AND THAT THE Inventerprising Pty Ltd PARTIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE. YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT THE Inventerprising Pty Ltd PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE Inventerprising Pty Ltd PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE SERVICE AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

c) UNDER NO CIRCUMSTANCES WILL THE Inventerprising Pty Ltd PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID Inventerprising Pty Ltd IN THE NINETY (90) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.

11) Indemnification

a) You agree to defend, indemnify and hold harmless the Inventerprising Pty Ltd Parties from and against all claims and expenses, including attorneys' fees and costs, arising out of your use of the Service and/or your breach or alleged breach of any term, condition, obligation, representation or warranty in these Terms. You agree that the provisions in this paragraph will survive any termination of your account(s) or the Service.

12) Governing Law/Waiver of Injunctive Relief

a) This Agreement and all aspects of the Service shall be governed by and construed in accordance with the internal laws of Australia regardless of your location. With respect to any disputes or claims not subject to informal dispute resolution or arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the Australian Capital Territory, and you hereby consent to, and waive all defences of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts located in the Australian Capital Territory.

b) You acknowledge that the rights granted and obligations made hereunder to Inventerprising Pty Ltd are of a unique and irreplaceable nature, the loss of which shall irreparably harm Inventerprising Pty Ltd and which cannot be replaced by monetary damages alone so that Inventerprising Pty Ltd shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief and agree to limit your claims to claims for monetary damages (if any).

c) Informal Negotiations. To expedite resolution and control the cost of any dispute, controversy or claim related to this Terms ("Dispute"), you and Inventerprising Pty Ltd agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other.
 
d) Binding Arbitration. If you and Inventerprising Pty Ltd are unable to resolve a Dispute through informal negotiations, either you or Inventerprising Pty Ltd may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

e) Restrictions. You and Inventerprising Pty Ltd agree that any arbitration shall be limited to the Dispute between Inventerprising Pty Ltd and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

f) Exceptions to Informal Negotiations and Arbitration. You and Inventerprising Pty Ltd agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or Inventerprising Pty Ltd's intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorised use; and (3) any claim for injunctive relief.

13) Waiver/Severability

a) The failure of Inventerprising Pty Ltd to require or enforce strict performance by you of any provision of these Terms or to exercise any right under them shall not be construed as a waiver or relinquishment of Inventerprising Pty Ltd's right to assert or rely upon any such provision or right in that or any other instance.

b) You and Inventerprising Pty Ltd agree that if any portion of these Terms, except any portion of section 12(e), is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms, which shall continue to be in full force and effect. If Section 12(e) is found to be illegal or unenforceable then neither you nor Lord Word Worm/Inventerprising Pty Ltd will elect to arbitrate any Dispute falling within that portion of Section 12(e) found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the Australian Capital Territory, and you and Lord Word Worm/Inventerprising Pty Ltd agree to submit to the personal jurisdiction of that court.

14) Miscellaneous

a) Inventerprising Pty Ltd operates and controls the Lord Word Worm Service from its offices in Australia. Inventerprising Pty Ltd makes no representation that the Service is appropriate or available in other locations. The information provided on the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Lord Word Worm and/or Inventerprising Pty Ltd to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. Software from the Service may be subject to Australian export controls. Thus, no software from this Service may be downloaded, exported or re-exported (i) into (or to a national or resident of) any country to which Australia has embargoed goods; or (ii) to anyone the Australian Government forbids delivery of goods in general and software in particular. By downloading any software, you represent and warrant that you are not any such person or anyone located in, under the control of, or a national or resident of, any such country. These Terms are effective until terminated by either party. You may terminate these Terms by destroying all Service-related materials obtained from the Lord Word Worm Service, Inventerprising Pty Ltd or any other related web site or source. The privileges granted to you under these Terms will terminate immediately and automatically without notice from Inventerprising Pty Ltd if, in our sole discretion, you fail to comply with any term or provision of these Terms. Neither the course of conduct between the parties nor trade practice will act to modify these Terms to any party at any time without any notice to you. You may not assign these Terms without Inventerprising Pty Ltd's prior written consent. These Terms contain the entire understanding of you and Inventerprising Pty Ltd, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, and cannot be changed or modified by you except as posted on the Service by Inventerprising Pty Ltd. If any provision of these Terms is found to be illegal or unenforceable, the Terms will be deemed curtailed to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. Upon Inventerprising Pty Ltd's request, you will furnish Inventerprising Pty Ltd any documentation, substantiation or releases necessary to verify your compliance with these Terms. You agree that these Terms will not be construed against Inventerprising Pty Ltd by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.

15) Statute of Limitations

a) You and Inventerprising Pty Ltd both agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service, Terms, Refund Policy or Privacy Policy must be filed within ONE (1) YEAR after such claim or cause of action arose or be forever barred.

16) Complaints or Notices

a) The Australian Copyright Act 1968 and the Copyright Amendment Act 2006 provide recourse to copyright owners who believe that their rights under the Act have been infringed by acts of third parties over the Internet. If you believe that your copyrighted work has been copied without your authorisation and is available on or in this game in a way that may constitute copyright infringement, you may provide notice of your claim to Inventerprising Pty Ltd. For your notice to be effective, it must include the following information:

i) A physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed;

ii) A description of the copyrighted work that you claim has been infringed upon;

iii) A description of where the material that you claim is infringing is located on this game;

iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;

v) A statement by you that you have a good-faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law; and

vi) A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.