Terms of Service

Last Updated: August 10, 2020

INTRODUCTION  

This is our Terms of Service. This is important and, in combination with our Copyright and Trademark Policy and our Privacy Policy, and it lays out exactly what can be expected of everyone who uses Word of Mouth and our services. 

Word of Mouth ("Word Of Mouth" or "we" or "us" or "our") has created a place where artists and customers come together. We provide a range of services and mobile applications (collectively, the "Services") which allow anyone who has a project to publish, sell, comment on, promote and purchase these projects and art-related content and products through the Services and receive the benefits of the wide network of the Services. This site enables all those with projects to promote to earn money from their projects by making it available for sale to customers on a variety of products. 

Please read these terms of service ("Terms"), our copyright and trademark policy (the "Copyright and Trademark Policy"), and our privacy policy (the "Privacy Policy").  Before you use the Services, please read these Terms and policies. By creating an account, promoting projects, purchasing products, and using the Services, you agree to all the terms and conditions in these Terms, Copyright and Trademark Policy as well as all the other rules, policies and procedures relating to the Services that we may publish from time to time.  If you are promoting a product or a customer who has signed up to receive notifications from us, you will receive a notification whenever we amend or update any of the rules, policies, or procedures relating to the Services. 

The language you see in bold italics is our attempt to clarify the legal terminology in the Terms. We add this to supplement, NOT REPLACE, the actual Terms. All legal questions should refer to the actual text of the Terms. 

THESE TERMS INCLUDE AN AGREEMENT TO ARBITRATE, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO YOUR USE OF THE SERVICES TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT. IF YOU WANT TO OPT-OUT OF ARBITRATION, YOU MAY DO SO PROVIDED YOU FOLLOW PROCEDURES SET FORTH BELOW IN THE SECTION ENTITLED "AGREEMENT TO ARBITRATE". THESE TERMS ASLO INCLUDE A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY PRIVATE DISPUTE INDIVIDUALLY AND NOT AS PART OF A PROPOSED CLASS. THESE TERMS ALSO INCLUDE A WAIVER OF YOUR RIGHTS TO A TRIAL BY JURY IRRESPECTIVE OF WHETHER YOU AGREE TO ARBITRATE YOUR CLAIMS. 

"You" means you individually, and if you are accepting these Terms on behalf of a company or other legal entity, that legal entity. You represent and warrant that you are at least 18 years of age and, if you are entering these Terms on behalf of a company or other legal entity, you have the authority to bind that legal entity. IF YOU DO NOT MEET THESE REQUIREMENTS OR DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THE SERVICES. 

PROJECTS, CONTENT AND THIRD PARTY RIGHTS

Project and Content License

As between you and Word Of Mouth, you own all and retain all rights in your projects and content. You hereby grant us, third party affiliates, wholesale partners, and our third-party retailers a worldwide, royalty-free, nonexclusive, assignable, license, with right of sublicense,  to use, publicly perform, publish, reproduce, modify, and distribute your projects and content in any format or medium now known or later developed for the purpose of promoting your projects and content, and providing the Services. 

Contact us if you do not wish to have your projects displayed and sold on our websites, third party affiliates, wholesale partners, or third-party retailers. If you remove your projects, we, our affiliates, wholesale partners, and our third-party retailers will have ninety (90) days to delete your projects from the Services. We, our affiliates, wholesale partners, and third party retailers will have the right to sell any products bearing your projects during such ninety (90) day period. 

YOU, AND NOT WORD OF MOUTH, ARE ENTIRELY RESPONSIBLE FOR ALL YOUR PROJECTS AND CONTENT THAT YOU MAKE AVAILABLE AND ALL PRODUCTS YOU OFFER FOR SALE THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION, THAT YOU OWN OR HAVE OBTAINED ALL REQUIRED INTELLECTUAL PROPERTY AND OTHER RIGHTS IN YOUR PROJECTS AND CONTENT, INCLUDING WITHOUT LIMITATION, THE RIGHT TO MANUFACTURE, DISTRIBUTE AND SELL PRODUCTS THAT INCLUDE YOUR PROJECTS. You represent and warrant that: 

  1.  you own all intellectual property, rights in your projects and content or that you have obtained all copyrights, trademark rights, rights of publicity and other rights required for you to make your projects and content available through the Services, to manufacture, distribute and sell products that include your projects and to grant us the rights granted to it in these Terms. 

  2. your projects and content and the manufacture, distribution, and sale of products that include your projects does not and will not infringe the intellectual property rights or other rights of any person or entity, including without any copyright, moral rights, trademark, patent, right of publicity or right of privacy;

  3. your projects and content do not contain material that is false, inaccurate, misleading, incomplete, defamatory, or libelous, harassing, threatening, harmful, invasive of privacy, in violation of anyone's rights, including their privacy or publicity rights, abusive, inflammatory or otherwise objectionable;

  4. your projects and content are accurate, not misleading or deceptive and do not offer or disseminate fraudulent or counterfeit goods, products, services, schemes, or promotions. 

We don't prescreen your projects and, because of that, you acknowledge the possibility of seeing something you may potentially consider harassing. 

You understand that the Services contain projects and content submitted by people that may be in the form of designs, images, pictures, data, text, photographs, graphics, video, messages, or other materials submitted, posted, published, displayed, performed, or offered for sale through the Services. 

We generally do not prescreen projects or content, and we are not responsible for examining or evaluating projects or content although we reserve the right to do so. You further understand and acknowledge that you may be exposed to projects or content that you may find to be offensive, indecent, or objectionable. 

Linked Websites 

We are not responsible for websites linked to or from the Services. 

 

The Services may contain links to other websites that are not owned or controlled by us. Those links are provided for convenience only and may not remain current or be maintained. We do not screen linked websites and are not responsible for the content, security, operation, or use of any linked website or the products or services that may be offered or obtained through them. Our links to other websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products, or services referred to or contained on those linked websites, unless and to the extent, we may explicitly stipulate to the contrary on the Services. Further, we are not responsible for the content or privacy practices associated with linked websites, and it is your responsibility to review those policies before accessing those websites. If you have access to linked websites, you do so at your own risk. 

Copyright and Trademark Policy 

We are about empowering artists to create and providing those artists with a safe place to sell their projects  In order to achieve this, we only want original projects uploaded to our site. Uploading or copying someone else's projects, artwork, photographs, trademarks (logos, characters, or names), or likeness (celebrities or anyone else) is unethical, illegal, inexcusable, and will not be accepted here. Please respect our Copyright and Trademark policy and respect other artists' intellectual property. 

IT IS YOUR RESPONSIBILITY TO MAKE SURE THAT YOU ARE UPHOLDING YOUR LEGAL RESPONSIBILITIES AND NOT VIOLATING ANYONE'S RIGHTS OR BREAKING ANY LAWS BY PUBLISHING OR OFFERING PROJECTS FOR SALE THROUGH THE SERVICES. 

It is our policy, in appropriate circumstances and in our sole discretion, to (i) remove individual projects, tags, titles, or descriptions and (ii) disable and/or terminate the accounts of artists who infringe the copyrights, trademarks, or other intellectual property rights of others. In addition to all other remedies available to us, we will not pay you any Artist Share if you are found to be in violation of our Copyright and Trademark Policy. 

BUYING & SELLING PRODUCT

If you buy something, please pay for it. In order for us to see that you have made a commitment, we will ask for some personal payment and shipping information. In rare cases, something may not be available and we will inform you of that promptly. 

Orders 

All products are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order, and to discontinue products without notice, even if you have already placed your order. Your placement of an order as a customer does not necessarily assure that we will accept your order. We reserve the right to refuse any order in our sole discretion. In addition, before accepting your order, we may require additional information if you have not provided all the information required by us to complete your order. 

Generally, use of the Services is limited to orders for your personal use. However, if you are interested in buying large quantities of products, please contact us. 

Payments

If products or services are made available for purchase through the Services and you wish to purchase the products or services, you may be asked by us or our agent (or, if the products or services are being made by a third-party provider, by the third-party provider) to supply certain information relevant to your purchase, including without limitation, credit card number, expiration date, billing address, and shipping information. 

YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MEANS USED BY YOU OR THROUGH YOUR ACCOUNT TO PURCHASE ANY PRODUCTS AND/OR SERVICE. 

You acknowledge that any such information will be treated by us in accordance with our Privacy Policy. You grant us the right to provide such information to third parties to facilitate the completion of transactions initiated by you or on your behalf through the Services. Verification of information may be required prior to acceptance of any order through the Services. 

Taxes and Shipping

Applicable taxes will be shown during the checkout process prior to finalizing your order. Shipping charges will be shown during the checkout process prior to finalizing your order. Shipping charges include the rate we are charged by third parties for sending your order, plus a reasonable amount for packaging and handling. Title to products passes to you upon shipment. We will do all we can to deliver all orders on schedule. However, we cannot guarantee that our shipping providers or suppliers will not experience any shipping delays or problems. 

Errors, Inaccuracies and Omissions 

If you find that a product shipped to you does not match what you ordered or saw online, let us know. 

We will be as accurate as possible. The goal is of this project is to make you happy and the suppliers happy, that simple. However, we do not warrant that all product descriptions, images, photographs, pricing, or other information are accurate, complete, current, or error-free. In addition, all weights and size dimensions are approximate. If a product offered by us is not as described or pictured, your sole remedy is to return it in an unused condition for a refund in accordance with our Return, Exchange and Refund policies below. In the event of an error, whether on the place on the site, in an order confirmation, in processing an order, in delivering a product or otherwise, we reserve the right to correct any error and revise your order accordingly, or to cancel the order and refund any amount charged. IF YOU RECEIVE AN  ORDER THAT YOU BELIEVE CONTAINS A MISTAKE, CONTACT US RIGHT AWAY SO WE MAY CORRECT THE ERROR. 

Return, Exchange and Refund Policies 

We will do our best to make sure you are happy and get what you ordered, but there will be times that will not happen, and to address this, we have a return policy. 

Click here for the details of our return, exchange, and refund policies. We comply with the applicable laws and regulations with respect to returns, exchanges, and refunds in your jurisdiction. 

Artist Share 

The key point of this website and service is to pay, you the artists for your projects sold here. That is our business and service. However, if you are an artist and violate these Terms or any of our policies, and your account is suspended, you will not receive any pending payments. 

For every product that is sold or project with your name on it, we will pay ("Artist Share"), based on the schedule set forth here. For sales of products on wordofmouthmarketplace.com, you will be paid on a monthly basis, generally thirty (30) days of the end of a month. For sales of products through third-party vendors, wholesale partners or third-party retailers, you will be paid within thirty (30) days of the end of each calendar quarter. Unless otherwise stated or agreed upon in writing, all amounts will be paid in U.S. Dollars. You are responsible for paying all applicable taxes associated with your receipt of Artist Share. 

IN THE EVENT THAT YOUR ACCOUNT IS SUSPENDED OR TERMINATED DUE TO YOUR VIOLATION OF THESE TERMS OR OUR POLICIES AS DETERMINED BY US IN OUR REASONABLE DISCRETION, YOU WILL NOT BE ELIGIBLE TO RECEIVE ANY UNPAID ARTIST SHARE. IN ADDITION, WE WILL HAVE THE RIGHT TO REQUIRE REIMBURSEMENT OF ANY ARTIST SHARE PAID TO YOU WHILE YOU WERE IN BREACH OF THESE TERMS OR OUR POLICIES. 

If you believe any Artist Share has been erroneously withheld from you or that your account has been erroneously or unfairly suspended or terminated, please contact us so we may further investigate. If you are still not happy or feel that you have not been treated fairly, please see below for the Resolution of Disputes. 

ACCOUNTS 

Registration and Account Information 

To register an account you are to have products or projects to promote. All profiles and chat services are for those with products and/or projects to promote. If you do have products and/or projects to promote, you must provide accurate, complete, and updated registration and contact information. In addition, you must update your account information to keep it current and complete at all times. We may time to time require you to provide additional information confirming your identity, including government identification, payment information, and tax identification and/or withholding forms. You may not create more than one (1) account without prior written approval and only if you have a good reason. 

You are solely responsible for all the activity that occurs through your account, including the activities of others and regardless of whether the activities are authorized, and for keeping your account password secure. You agree to notify us immediately of any breach of security or unauthorized use of your account. Although, we will not be liable for your losses caused by any unauthorized use of your account, you may be liable for our losses or the losses of others due to any unauthorized use. We reserve the right to require you to alter your password if we have reason to believe your password is no longer secure. We may also require you to change your password from time to time. 

You may never use another person's account. We reserve the right to refuse to provide you with an account or cancel your account in our sole discretion, provided that such termination will not terminate our obligation to make any payments to you that may be owed. 

Disclosure of Account Information 

Under certain circumstances, we may disclose your account information. 

You acknowledge and agree that we may access, retain and disclose your account information, projects, product, and content if required to so by law or in a good faith belief that any access, retention or disclosure is reasonably necessary to (a) enforce these Terms or the policies; (b) respond to your requests for customer service; (c) respond to a legal notice; (d) comply with legal process; or (e) protect the rights, property, or personal safety of our company, our users or the public. 

Termination of Account

We are here to help you succeed in getting sales and attention to your projects and product. But we will terminate your account if you violate these Terms or our policies. 

  1. We may suspend or terminate your access to the website if you are determined to be, in our sole discretion, in violation of these Terms or any of our policies. We may also suspend or terminate your access to all or any part of the Services or your account at any time, with or without cause, with or without notice, effective immediately. 

  2. You may terminate these Terms any time by terminating your use of the Services. 

  3. On termination of these Terms for any reason, the rights and licenses granted to you hereunder will immediately terminate and the provisions of these Terms that by their nature and context are intended to survive termination will survive. We will have no liability to you for any damages, loss of profits, or other claims arising from the termination or suspension of your access to the Services or your account. 

Upon termination, we will suspend your account and remove all projects and products you are promoting, if any, from the Services, within (90) days. Without limitation of the foregoing, we will have the right to retain copies of your account information, projects, and content in our archives for our internal business and legal purposes. Unless your account has been terminated for a breach of these Terms or any of our policies, as determined by us in our reasonable discretion, you will be paid, in the ordinary course, any Artist Share owed to you through termination of your account. 

If you believe that your account has been erroneously or unfairly suspended or terminated, please contact us so we may further investigate. If you are still not satisfied or feel that you have not been treated fairly, please see the section below for the Resolution of Disputes. 

GRANT OF RIGHTS AND USER CONDUCT

The purpose of this site is to help not hurt anyone. We must use common sense and please don't come here to be mean or harass others. 

Grant of Rights 

As long as you comply with these Terms and our policies, we grant you a limited, non-exclusive, revocable, non-transferable license, without right of sublicense, to use the Services solely for their intended purpose. 

User Conduct

Note on Adult Content: We view the human form as an entirely acceptable source of creative inspiration. However, all projects should be marked as mature when uploaded or sold. We reserve the right to not permit any content that violates our Terms and policies, or for any reason at all. Please use your best judgment. 

You agree to abide by these Terms and our policies while using the Services and interacting with users. Word of Mouth is founded on respect for others, and we take this very seriously. You agree that you will not, either directly or indirectly: 

  1.  Transfer your account or account information to another party without our prior written consent; 

  2.  Create deceptive accounts or more than one (1) account without our prior written approval; 

  3.  Post projects, products, titles, tags, descriptions, or other content that depicts, promotes, or incites illegal activity, hate, abuse, discrimination, denigration, objectification, or violence, or otherwise violates our community standards, as determined by us in our sole discretion. Click here for our community guidelines; 

  4. Use, reproduce, copy, modify, adapt, create, derivative works from, publish, print, transmit, distribute, perform, display, sell, license, rebrand, or otherwise transfer: (a) any portion of the Services, projects or content made available through the Services other than your own projects or content, without the owner's express written permission; or (b) any Word of Mouth copyrights or trademarks. 

  5. Frame, mirror, or otherwise simulate the appearance or function of the Services or any other user's projects or content or forge headers, icons or otherwise manipulate identifiers in order to disguise the origin of any projects or content transmitted through the Services.

  6. Decompile, disassemble, or otherwise reverse engineer the Services or any portion thereof, or otherwise attempt to derive the source code or other trade secrets embodied in the Services.

  7. Interfere with another user's projects or content;

  8. Remove any copyright, trademark, or other propriety rights notices contained in or on the Services or any artwork or content other than your own projects or content;

  9. Upload, post, email, transmit or otherwise make available any project or content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or other proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

  10. Post projects or content, tags, or descriptions that infringe on a third party's copyright, trademark, right of publicity, or other intellectual property rights. Please see our Copyright and Trademark Policy for further details; 

  11. Post projects or content with inaccurate, deceptive, inappropriate titles, tags or descriptions;

  12. Stalk, harass, or harm another person via the use of the Services;

  13. Impersonate any person or entity, including, but not limited to, our employees, representatives or users, or falsely state or otherwise misrepresent your affiliation with a person or entity; 

  14. Harvest or otherwise collect information about other users of the Services, including email addresses, without their express written consent; 

  15. Upload, post, email, transmit or otherwise make available through the Services any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes," or any other form of solicitation; 

  16. Use any robot, spider, scraper, or other automated means to access the Services for any purpose without our express written permission;

  17. Distribute viruses or other technologies that may harm us or the interests or property of our users, or upload, post, email, transmit or otherwise make available through the Services any material that contains adware, malware, spyware, 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;

  18. Interferer or attempt to interfere with the proper working of the Services or any activities conducted through them;

  19. Bypass any measure we may use to prevent or restrict access to the Services; or 

  20. Circumvent or manipulate our payment process or Artist Share. 

RESOLUTION OF DISPUTES 

These Terms are governed by Oregon law and you agree to resolve any disputes in Multnomah County, California (except as set forth below). 

These terms will be governed by the laws of the State of Oregon, without regard to conflict of law provisions. You and we expressly agree that any claim or dispute must be resolved exclusively by a state or federal court or arbitration located in Multnomah County, Oregon, except as described in the Agreement to Arbitrate below or as otherwise mutually agreed by the parties. 

Informal Resolution 

There may be instances when you feel that we have made a mistake or left you disappointed. In those instances, we are committed to working with you to reach a reasonable resolution that satisfies you, however, we can only do this if we know about and understand your concern. If you feel you are needing to take legal action by this time, please, email us at legal@WOMgroup.com to describe to us the nature of your complaint or dissatisfaction. This should lead to resolution, but if for some reason your problem or dispute is not resolved satisfactorily within thirty (30) days after our receipt of your written description of it, you agree to the further dispute resolution provisions below. To the extent permitted by applicable law, the informal resolution process described in this paragraph is a precondition to pursuing any other process, so please do not forget to contact us first. 

Mutual Agreement to Arbitrate 

PLEASE READ THIS AGREEMENT TO ARBITRATE CAREFULLY TO UNDERSTAND YOUR RIGHTS. BY ELECTING ARBITRATION, YOU AND WE AGREE TO ARBITRATE ANY CLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, UNLESS YOU OPT-OUT. YOU AND WE AGREE THAT ALL SUCH CLAIMS WILL BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT AS A PROPOSED CLASS ACTION. WHETHER OR NOT YOU OPT-OUT, HOWEVER, YOU ARE GIVING UP A RIGHT TO A TRIAL BY JURY. YOU AND WE UNDERSTAND THAT DISCOVERY AND APPEAL RIGHTS ARE MORE LIMITED IN ARBITRATION. 

THE ARBITRATOR, AND NOT ANY FEDERAL, STATE, LOCAL, OR OTHER COURT OR AGENCY, WILL HAVE THE EXCLUSIVE AUTHORITY TO RESOLVE ANY DISPUTE RELATING TO THE INTERPRETATION, APPLICABILITY, ENFORCEABILITY, OR FORMATION OF THESE TERMS AND THIS AGREEMENT TO ARBITRATE, INCLUDING BUT NOT LIMITED TO, ANY CLAIM THAT ALL OR ANY PART OF THESE TERMS OF THIS AGREEMENT TO ARBITRATE IS VOID OR VOIDABLE. 

You and we agree that except as expressly set forth below, the sole and exclusive forum and remedy for any and all disputes and claims that cannot be resolved informally and that relate in any way to or arising out of your use of the Services and these Terms or to any products or services sold or distributed by us or through the Services, will be final and binding arbitration, except to the extent that either party has, in any manner, infringed upon or violated, or threatened to infringe upon or violate, the rights of either party or any third party's patent, copyright, trademark, trade secret, privacy or publicity rights or is seeking to vindicate public rights, in which case both sides acknowledge that arbitration is not an adequate remedy and that injunctive or other appropriate relief may be sought by either party and/or the applicable third party(ies) on an individual basis in a court located in Multnomah County, Oregon. You and we acknowledge that this Agreement to Arbitrate affects interstate commerce and that the Federal Arbitration Act and federal arbitration law apply to arbitrations under this Agreement to Arbitrate (despite any other choice of law provision). As a limited exception to this mutual Agreement to Arbitrate, you and we agree that either party may take claims to small claims court, if the claims qualify for hearing by such court. 

US Claims 

For users in the United States, the arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at adr.org/consumer or by calling 1-800-778-7879. Payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules. 

Non-US Claims 

For users outside the United States, any controversy or claim arising out of or relating to these Terms, or the breach thereof, will be determined by arbitration administrated by the International Centre for Dispute Resolution in accordance with its International Expedited Procedures ("ICDR Expedited Procedures").  The arbitration will be decided by a sole arbitrator appointed in accordance with the ICDR Expedited Procedures. The ICDR's rules are available at http://www.icdr.org

If you are from the European Union ("EU") and purchased products, the EU Commission has created an internet platform for the online settlement of disputes. The platform serves as a contact point for out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. Further information is available at the following link: http://ec.europa.eu/consumers/adr. We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board. 

Means and Fees 

In the interest of efficiency and fairness, you and we agree that the arbitration proceeding will be based solely on written submissions, unless the arbitrator deems an oral hearing strictly necessary. Should the arbitrator deem an oral hearing to be necessary, such hearing will be conducted via telephone or other electronic or technical means, or if that's not possible, in-person in the jurisdiction you reside or at another mutually agreed upon location. The language of the arbitration will be English or, for users who reside outside the U.S., the official language of your jurisdiction. The arbitrator's award will be final and binding, and judgement may be entered upon it by any court having jurisdiction thereof. Each party will have the right to use legal counsel in connection with arbitration at its own expense. If you initiate arbitration, we will reimburse you for filing, administration and arbitrator fees for claims totaling less than USD $10,000, unless the arbitrator determines the claims frivolous. We are not responsible for reimbursing you for costs incurred by you for legal counsel, travel, or other out-of-pocket costs or expenses. We will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous.  

Right to Opt-Out

YOU HAVE A RIGHT TO OPT-OUT OF THIS AGREEMENT TO ARBITRATE by sending an email to legal@WOMgroup.com or by mailing us, postage prepaid, to Word Of Mouth Group, 1310 NE Kane Dr., Gresham, Oregon, 97030, Attention: Legal Department. Such opt-out must be given within the earlier of thirty (30) days of approving your first purchase of products on the Services or your first project promotions using the Services or if we make any changes to this Agreement to Arbitrate which alter your rights, within thirty (30) days after the effective date of such revision to this Agreement to Arbitrate. Any opt-out received after such deadline will be ineffective and this Agreement to Arbitrate will remain in full force and effect, except as expressly provided above. If you opt-out of this Agreement to Arbitrate, we also will not be bound by the terms of this Agreement to Arbitrate. 

Limitations of Actions 

You and we agree that regardless of any statute or law to the contrary, any claim of cause of action arising from or relating to use of the Word of Mouth Services, or these Terms must be filed within one (1) year after such claim or cause of action abuse, or will be forever banned. 

GENERAL TERMS 

Waivers and Disclaimers 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY WAIVE ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST US WITH RESPECT TO ANY ACTIVITIES, PROJECTS, CONTENT, ACTIONS, OR INACTIONS OF ANY THIRD PARTY IN CONNECTION WITH THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY ILLEGAL, DEFAMATORY, OFFENSIVE, OR UNAUTHORIZED CONDUCT BY ANY USERS. 

THE SERVICES ARE PROVIDED "AS IS", "AS AVAILABLE", AND WITH ALL FAULTS. WE CANNOT GUARANTEE CONTINUOUS OR SECURE ACCESS TO OR THAT THE SERVICES WILL BE ERROR-FREE OR THAT ALL TRANSACTIONS WILL BE COMPLETED. THE OPERATION OF THE SERVICES MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUT CONTROL. TO THE EXTENT LEGALLY PERMITTED, WE DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, TERMS, AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY OF INFORMATION, QUIET ENJOYMENT, NONINFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE, YOU ASSUME ALL RISKS ASSOCIATED WITH YOUR USE OF THE SERVICES.  

Release 

You acknowledge that any agreement you make with another party is strictly between you and that party and we are not a party to that agreement. If you have a dispute with another party, you hereby release us (and our affiliates, officers, directors, agents, joint ventures, and employees) from any and all claims, liabilities, demands, and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with that dispute.  

Limitation of Liability 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE ARE NOT AND WILL BE LIABLE FOR INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OR MONEY OR PROFITS, GOODWILL, DATA, PROJECTS, CONTENT, OR REPUTATION, OR ANY PROPERTY DAMAGE OR PERSONAL DAMAGE OR PERSONAL INJURY WITHOUT REGARD TO THE FORM OF ACTION (INCLUDING, BUT NOT LIMITED TO, CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTIONS) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES. EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. YOU WAIVE ANY AND ALL CLAIMS, NOW KNOWN OR LATER DISCOVERED, THAT YOU MAY HAVE AGAINST US ARISING OUT OF YOUR USE OF OUR SERVICES. 

REGARDLESS OF THE PREVIOUS PARAGRAPH, IF WE ARE FOUND TO BE LIABLE, OUR LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO $100. 

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES, SO SUCH DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE SCOPE AND DURATION OF OUR WARRANTIES AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW. 

Indemnification

You will indemnify and hold us harmless from and against any and all claims, liabilities, damages, losses, fines, and expenses arising from or in any way related to (a) your projects; (b) your breach of these Terms or (c) your violation of any law. We may withhold any amounts due to pending the resolution of any claim subject to this indemnity and may apply those amounts to the resolution of that claim. 

Modifications 

We reserve the right to monitor, modify or discontinue the Services, and to block, modify, publicly comment on, or delete any project, content or information submitted to the website by any party, at any time without notice in our sole discretion; provided, however, that we have no obligation to update, store, maintain or correct any project, content or information on the website. 

We reserve the right, at any time and in our sole discretion, to change these Terms, the Copyright and Trademark Policy, and the Privacy Policy, in whole or in part, by notifying you as described in the Notices provision below. You are responsible for reviewing and complying with these Terms, the Copyright and Trademark Policy, and the Privacy Policy, in effect at the time you use the website. You acknowledge that you will be bound by the revised Terms, as of their effective date set forth therein, and your continued use of the Services constitutes acceptance of them. 

Notices

We will provide you with notices about changes to the Services, or these Terms, the Copyright and Trademark Policy, or the Privacy Policy by posting them on the Services or by sending an email to the email address you provide to us with your account. Legal notices will be provided to you at your email address. Email notices will be deemed given twenty-four (24) hours after the email is sent unless the sending party is notified that the email address is invalid. 

Alternatively, if applicable, we may give you legal notice by mail to the address provided during the PayPal verification process. In that case, notice will be deemed given three (3) days after the date of mailing. 

Miscellaneous 

If you do not agree to these Terms, please do not use Word of Mouth. We control and operate the website from the United States. We do not represent or warrant that the website or any part thereof, are appropriate or available for use in any particular jurisdiction. Those who choose to access the Services do so on their own initiative and at their own risk and are responsible for complying with all local laws, rules, and regulations. We may limit the availability of the Services, in whole or in part, to any person, geographic area or jurisdiction that we choose, at any time and in our sole discretion. 

We will be excused from performance under these Terms to the extent it is prevented or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from (1) weather conditions or elements of nature or acts of God, (2) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion, (3) quarantines or embargoes, (4) labor strikes, or (5) other causes beyond our reasonable control. In the event that we are unable to ship to you a purchased item because of such events, we will give the option of deferring shipment or receiving a refund of your charges. 

These Terms, set forth the entire understanding and agreement between you and us, with respect to the subject matter of these Terms. 

HOW TO CONTACT US

If you have any questions or comments about these Terms or the Services, please contact us by email at legal@WOMgroup.com 

You may also write to us at: 

Word of Mouth

Attn: Legal Department

1310 NE Kane Dr.

Gresham, Oregon 97030 

HISTORICAL MODIFICATIONS 

EFFECTIVE AS OF AUGUST 15, 2020, THESE TERMS WERE CREATED THOROUGHLY ON AUGUST 15, 2020