Terms Of Use For the Word Fun App and Official Rules for Games

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN ANY GAME.

A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED. SOME GAMES REQUIRE TOKENS TO ENTER. TOKENS ARE PROVIDED FREE OF CHARGE.

THE APP, THE GAMES, AND ANY SWEEPSTAKES CONTAINED HEREIN ARE NOT SPONSORED BY, ENDORSED OR AFFILIATED IN ANY WAY WITH APPLE, INC.

Welcome to the Word Fun App. Word Fun Entertainment, Inc. and/or its affiliates (“Word Fun, Inc.”) provide online and mobile gaming services to authorized users (“Company Services”) subject to the following terms and conditions contained herein, including all Official Rules of the Games played by you (the “Terms”).

By using the Word Fun App, you agree to these Terms. Please read them carefully.

By accessing or using the App, or by creating an Account, you acknowledge your agreement to be bound by these Terms. If you do not agree to be bound by these Terms, please do not use this App or play any Games contained herein. Word Fun, Inc. reserves the right to update or modify these Terms at any time, and without prior notice to you. Your use of the App following such modification or update constitutes your acceptance to be bound by these Terms as changed or modified. Word Fun, Inc. encourages you to read through and review these Terms each time you access the App and utilize the Company Services.

1. Privacy: Please review our Privacy Notice, which also governs your use of the App and Company Services, to understand our practices.

2. Age Restriction: You must be 12 years of age or older to use the Company Services. The Company Services are available to legal residents of the United States, Canada (excluding Quebec), and the United Kingdom who are at least 12 years old and the age of majority in his or her jurisdiction of residence and have an Internet connection or mobile phone.

3. Other Restrictions: In order to participate in the Company Services offered by Word Fun, Inc., you may not be listed on any United States Government list of prohibited or restricted parties. You also must be able to represent and warrant that you are not subject to backup withholding tax because you are exempt from backup withholding or because you have not been notified by the Internal Revenue Service (IRS) that you are subject to backup withholding as a result of failure to report all interest or dividends, or because the IRS has notified you that you are no longer subject to backup withholding. Word Fun, Inc. is required by law to report all prizes paid out and will provide a 1099 Misc. at the end of the year to you detailing what prizes were awarded to you to the IRS.

4. License to Use: Subject to your compliance with these Terms, Word Fun, Inc. grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the App and Company Services. This license does not include any downloading, copying, or other use of information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms are reserved and retained by Word Fun or its licensors, suppliers, publishers, rights-holders, or other content/services providers. You may not misuse the App or Company Services and may use the App and Company Services only as permitted by law. The licenses granted by Word Fun, Inc. terminate if you do not comply with these Terms.

5. Limited Offering of Services: Neither the availability of the App to download, nor the availability of Company Services shall be construed as an offer or invitation by Word Fun, Inc. to use download the App or use the Company Services if you reside in a country or jurisdiction in which such use is forbidden by law the country or jurisdiction is one in which Word Fun, Inc., in its sole discretion, elects not to offer the Company Services. You are solely responsible for determining whether your use of Company Services is legal in the country/jurisdiction in which you reside and/or in any country/jurisdiction in which you log-on to use Company Services. Word Fun, Inc. shall not be responsible for any illegal or unauthorized use of Company Services.

6. Creating an Account: In order to access the App and use the Company Services, you are required to create and be logged in to the account (“Account”). You are responsible for maintaining the confidentiality of your Account and password and for restricting access to your Account, and you agree to accept responsibility for all activities that occur under your Account or password. Word Fun reserves the right to refuse service, terminate accounts, terminate your rights to use Company Services, remove or edit content, or cancel Tokens in its sole discretion. You agree that any termination of your Account and/or your right to use the Company Services may be effected without prior notice, and acknowledge and agree that Word Fun, Inc. may immediately deactivate or delete your Account and all related information and files related to your Account and or bar any further access. Further, you agree that Word Fun, Inc. shall not be liable to you or any third-party for any termination of your right to use or otherwise access your Account or use the Company Services.

7. Prohibited Conduct. You shall not, and shall not permit anyone else to, directly or indirectly: (i) modify, reproduce or otherwise create derivatives of any part of the Company Services or App (including all content contained therein); (ii) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of all or any part of the Company Services (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local law); (iii) engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the App or Company Services, or which, as determined by us, may harm Word Fun, Inc. or users of our App or Company Services; (iv) use the Company Services in any manner that could disable, overburden, damage, or impair the App or interfere with any other party’s use of the Company Services, including their ability to engage in real time activities through the Company Services; (v) use any robot, spider or other automatic device, process or means to access the Services for any purpose, including monitoring or copying any of the material on the App; (vi) attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Company Services, the servers on which the Word Fun, Inc’s data is stored, or any server, computer or database used to provide our Company Services; (vii) engage in any fraudulent activity or engage in any activity that facilitates fraud; or (viii) otherwise attempt to interfere with the proper working of the Company Services.

8. Word Fun Content: Word Fun, Inc. and/or its licensors retain all rights to all data and information on its App and Company Services, including text, graphics, images, designs, articles, business processes, and any other form of content (collectively referred to as “Content”). Users shall have only those rights in and to the Content that are expressly granted to it pursuant to these Terms, and are otherwise reserved. Reproducing, copying or distributing any Content for any other purpose is strictly prohibited without the express prior written permission of Word Fun, Inc. The Company Services may enable a user to link to websites, and access to content, products or services of third parties. Word Fun, Inc. is not responsible for any third party websites, or third party content provided on or through the App or Company Services. You bear all risks associated with the access and use of such websites and third party content, products and services. You access third party content at your own risk.

9. Your Feedback: Word Fun, Inc. welcomes feedback, comments and suggestions for improvements to our App or Company Services (“Feedback“). Any Feedback you submit will be considered non-confidential and non-proprietary to you. By submitting Feedback, you grant Word Fun, Inc. a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.

10. Trademarks: All of the trademarks, service marks, and logos displayed on App (the “Trademarks”) are registered and unregistered trademarks of the Sponsor its affiliates, or third parties. Nothing in this App should be construed as granting, by implication, estoppel, or otherwise, any license or right in and to the Trademarks without the Sponsor’s express written permission or the express written permission of the applicable third party. Except as expressly provided in this Agreement, any use of the Trademarks is expressly prohibited.

11. Copyrights: The Sponsor respects the intellectual property rights of others, and asks that all Players do the same. As such, the infringement of others’ intellectual property rights will not be tolerated and may result in the termination of the infringing party’s account. Please note that the Sponsor can only address infringing materials posted on the App that have been reported to us, and cannot be responsible if any User Generated Content is repurposed or otherwise copied from the App and used in other mediums prior to the Sponsor removing such infringing content. If a Player believes that his or her work has been copied in a way that constitutes copyright infringement, in accordance with the Digital Millennium Copyright Act, he or she will need to provide the following information to the Sponsor’s agent:

(a) an electronic or physical signature of the person authorized to act on behalf of the copyright owner;

(b) a description of the copyrighted work that he/she claims has been infringed;

(d) the Player’s address, telephone number, and email address;

(e) a statement that he/she has a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

(f) A statement made by the Player, under the penalty of perjury, that the above information in his/her notice is accurate and that he/she is the copyright owner or duly authorized to act on the copyright owner’s behalf; and

(g) The Sponsor’s agent may be contacted as follows: luckytimeineveryday@gmail.com

12. User’s information protection:

(1) Developers shall inform the privacy protection policies and personal information utilization policies to users in advance when requesting users to provide relevant information about their secret identities, and they should take necessary measures to protect the security of users’ data.

(2) Without permission, developers, do not have the right to provide, disclose, or share users’ name, valid personal identification numbers, contact information, home address or other private details of users’ account registered. Except in the following conditions:

(a) Users or legal guardian of users to empower the right for disclosing information by the developers;

(b) Information required by law to be published by developers;

(d) When a developer files a lawsuit or arbitration against a user to protect his or her legitimate rights and interests;

(e) When providing personally identifiable information to users by the legal requirements of the user’s guardian.

13. Payment Terms

13.1. In-Game purchases.

We may license to you certain virtual goods to be used within the Games and which you may purchase with real cash or which you may earn or redeem via gameplay (“Virtual Items”). When you obtain such Virtual Items from the app or its authorized designee, you receive a limited, personal, non-transferable, non-sublicensable and revocable license to use such Virtual Items within the applicable Game and solely for non-commercial use.

We may manage, control, modify or eliminate Virtual Items at any time, with or without notice. Without limiting the foregoing, we reserves the right at any time to impose additional terms or conditions on your use of Virtual Items. Such additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of the Game will be deemed acceptance thereof. If we need to contact you about your Virtual Items or your account, you consent to receive the notices by email. You acknowledge and agree that any such notices that we send to you electronically will satisfy any legal communication requirements.

The transfer of Virtual Items is prohibited, except where expressly authorized in the Games, if any.

Virtual Items have no monetary value and are not currency or property. Virtual Items do not have an equivalent value in real cash and do not act as a substitute for real world money. Virtual Items cannot be sold, traded, transferred, or exchanged for cash. Virtual Items may only be redeemed for certain gameplay entitlements that may be made available within the Game from time to time. Neither the app nor any other person or entity has any obligation to exchange Virtual Items for anything of value. we have no liability for hacking or loss of your Virtual Items.

Price and availability of Virtual Items are subject to change without notice.

Unless otherwise required by law, all purchases and redemptions of Virtual Items made through the Game or Services are final and non-refundable, and you are not entitled to a refund for any unused Virtual Items. Once you redeem a Virtual Item for a gameplay entitlement within the Game or Services, such gameplay entitlement is not returnable, exchangeable, or refundable. You acknowledge and consent that the provision of Virtual Items for use in connection with the Game or Services is a process that commences immediately upon purchase and you forfeit your right of withdrawal once the performance has started.

Unless otherwise required by law, you agree that Peoplefun is not required to provide a refund for Virtual Items for any reason, and that you will not receive money or other compensation for unused Virtual Items, whether your loss of license under this Agreement was voluntary or involuntary.

If you request your personal data to be erased as specified in Peoplefun’s Privacy Policy, you will permanently and without a right to a refund lose all of your Virtual Items as Peoplefun can no longer associate such Virtual Items with you.

EXCEPT AS OTHERWISE PROVIDED HEREIN, YOU ACKNOWLEDGE AND AGREE THAT WORDFUN IS NOT REQUIRED TO PROVIDE A REFUND TO YOU FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR ANY UNUSED VIRTUAL ITEMS WHEN YOU DELETE YOUR ACCOUNT, YOUR ACCOUNT IS TERMINATED, OR WHEN YOU CEASE TO USE THE GAME OR SERVICES

13.2. Subscriptions.

Some of our company Games may offer subscription-based Services. If you purchase a subscription, then by clicking the purchase button you are requesting that we begin supplying the subscription Services immediately and you are entering into a monthly subscription contract with our Company. You are also authorizing a charge to you on a recurring basis of a monthly subscription fee at the rate quoted at the time of purchase. By purchasing a subscription, we will automatically charge on a recurring basis the payment method associated with your account. For subscription Services purchased in a Game played on a platform such as Apple or Google, the applicable platform will charge you for the subscription fee and the platform’s payment terms will apply. Please review the appropriate platform’s payment terms for additional information.

Trial subscriptions are offered free of charge for a certain period of time from activation specified in the relevant trial offer in the Game. If you do not cancel the subscription within such trial period, the trial subscription will automatically convert into a paid subscription for the fees and for the subscription period set out in the Game at the time of the activation of the trial period. You may cancel a subscription during its free trial period using the subscription setting of your account. Any paid subscription you activate begins immediately from the activation of such paid subscription and not after the expiration of any trial period. Any unused trial period will therefore be forfeited if a subscription is activated prior to the expiration of such trial period.

Your subscription will automatically renew each subscription period unless and until you terminate your subscription or we terminate it. You must cancel your subscription before it renews, otherwise payment of the subscription fees for the next period will be taken automatically via your chosen payment method. You are responsible for the timely payment of all fees and for providing us with valid credit card or payment account details for payment of all fees. In case the subscription fee cannot be taken from your account due to absence of monetary funds, invalidity of credit card or for any other reason, your subscription will be automatically cancelled.

The transfer of Virtual Items is prohibited, except where expressly authorized in the Games, if any.

Subscription rates are based on an amount in U.S. Dollars. If you are using a local currency, the actual amount may fluctuate based on currency exchange rates without notice to you. The charges will be applied to the payment instrument or method you provide when you start your subscription (or to a different payment instrument or method, if you change your account information). Please note that prices and charges are subject to change. If we make a change to the monthly subscription rate in U.S. Dollars, we will notify you of such change in advance.

Once you have purchased a subscription, you cannot cancel your subscription for the current subscription period as that is activated as soon as you purchase a subscription. However, you may cancel your subscription for the next subscription period as follows: you can manage and cancel your subscription at any time in your “Account Settings” of your device. For iOS subscriptions, please see Apple’s support page https://support.apple.com/en-gb/HT202039. For Google Play subscriptions, please see Google Play’s support page https://support.google.com/googleplay/answer/7018481?hl=en-GB&co=GENIE.Platform%3DAndroid.

Except where required by applicable law, paid subscription fees are non-refundable.

We in its sole discretion and at any time may modify the subscription fee. Any subscription fee change will become effective at the end of the then-current subscription period. You will be provided reasonable prior notice of any change in subscription fee. If you do not take action to agree to the increase in subscription fee, your subscription shall expire at the end of the then-current subscription period.

14. Apple

If you use the Services on an Apple device, then you agree and acknowledge that:

(i)Apple, Inc. bears no duties or obligations to you under the Terms, including, but not limited to, any obligation to furnish you with maintenance and support with respect to the Services;
(ii) You will have no claims, and you waive any and all rights and causes of action against Apple with respect to the Services or the Terms, including, but not limited to claims related to maintenance and support, intellectual property infringement, liability, consumer protection, or regulatory or legal conformance; and
(iii) Apple and Apple’s subsidiaries are third party beneficiaries of the Terms. Upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
(IV)Export Control. You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

15. Termination: We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. 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.

16. Release of Liability: In consideration of being permitted to access and use the Services, you hereby agree to release Word Fun, Inc. and its affiliates and subsidiaries, and their officers, directors, employees and agents from all damages (whether direct, indirect, incidental, consequential or otherwise), losses, liabilities, costs and expenses of every kind and nature, known and unknown, arising out of or in any way connected with disputes between you and third parties (including Organizers, Players, and other Users) in connection with the Services or your access and use of the Services. In connection with the foregoing release, you hereby waive California Civil Code 1542 and any other applicable law or statute, which says, in substance: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

17. Limitation of Liability and Damages

(a) The following is applicable for Users in the USA and rest of the world (outside the European Union):

(i) To the fullest extent permitted by applicable law: (i) in no event shall Word Fun, Inc. be liable for any direct, special, indirect, or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits, or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of or inability to use the Company Services, the Content, the App, or any other materials including without limitation any damages caused by or resulting from reliance on any information obtained from Word Fun, Inc.; and (ii) in no event shall the aggregate liability of Word Fun, Inc., whether in contract, warranty, tort (including negligence, whether active, passive, or imputed), product liability, strict liability, or other theory, arising out of or relating to the use of or inability to use the Services exceed the amount paid to Word Fun, Inc. by you, if any, for accessing the Services during twelve (12) months immediately preceding the date of the claim or one hundred dollars ($100), whichever is greater.
(ii) These limitations of liability also apply with respect to damages incurred by you by reason of any services provided by third parties other than Word Fun, Inc.
(iii) You acknowledge and agree that Word Fun, Inc. has offered the Company Services and entered into these Terms in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and Word Fun, Inc., and that Word Fun, Inc. would and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and Word Fun, Inc.

(b) The following is applicable to Users in the European Union: Neither Word Fun, Inc. and its affiliates and partners in all cases, nor you, will be responsible for: (i) losses that were not caused by any breach on their or your part; (ii) any indirect or consequential losses (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure); or (iii) any indirect or consequential losses that were not foreseeable by both you and us when these terms of service were agreed or updated as applicable. You are not granted any rights under this section.

18. Indemnification.Each Player agrees to indemnify, defend and hold harmless the Sponsor, its affiliates, officers, directors, employees, agents, information providers, partners, advertisers and suppliers (the “The Protected Parties”) from and against all losses, expenses, damages and costs, including reasonable attorney’s fees, resulting from (a) provision of Unsolicited Information or User Generated Content by him/her, or (b) his/her use of the App; and/or (c) his/her breach of the terms of these Official Rules (including infringement of third parties’ worldwide intellectual property rights or negligent or wrongful conduct) or a breach by any other person accessing the App using his/her account.

19. Arbitration. ONLY FOR USERS LOCATED IN THE UNITED STATES.

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS. ANY DISPUTE OR CLAIM UNDER THESE TERMS OF SERVICE OR WITH RESPECT TO THE SERVICES WILL BE SETTLED BY BINDING ARBITRATION OR IN SMALL CLAIMS COURT (TO THE EXTENT THE CLAIM QUALIFIES) AND WILL TAKE PLACE ON AN INDIVIDUAL BASIS ONLY; CLASS, CONSOLIDATED OR REPRESENTATIVE ARBITRATIONS AND CIVIL ACTIONS ARE NOT PERMITTED ONCE THIS SECTION IS EFFECTIVE.

(a) Pre-Arbitration Dispute Resolution. Prior to initiating an arbitration, you and Word Fun, Inc. each agree to notify the other party of the dispute and attempt to negotiate an informal resolution to it first. Word Fun, Inc. will contact you at the email address you have provided to us; you can contact Word Fun, Inc. by emailing us. If after a good faith effort to negotiate one of us feels the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration.

(b) Agreement to Arbitrate. You and Word Fun, Inc. agree that any dispute, claim, or controversy, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, arising out of or relating to these Terms of Service or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services (collectively, “Disputes”) will be settled through binding arbitration and not in a court of law. You and Word Fun, Inc. each hereby agree to resolve any and all disputes or claims under these Terms of Service or with respect to the Services through binding arbitration or in small claims court (to the extent the claim qualifies) instead of in courts of general jurisdiction and only on an individual basis and not as part of any purported class, consolidated or representative proceeding. Only the arbitrator appointed pursuant to this Section, and not any federal, state or local court or agency, shall have the authority to resolve any dispute or claim relating to this Section, including, without limitation, the scope, enforceability and arbitrability of these Terms of Service. This arbitration provision shall survive termination of these Terms of Service. These Terms of Service evidence a transaction in interstate commerce and the interpretation and enforcement of this Section is governed by the Federal Arbitration Act, notwithstanding the choice of law set forth in these Terms of Service.

(c) About Binding Arbitration. Arbitration, which is often cheaper, faster and less formal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury. Arbitrators can award the same damages and relief as a court. Binding arbitration is subject to very limited review.

(d) Scope of Agreement. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to: (i) all claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; (ii) all claims that arose before this or any prior agreement (including, but not limited to, claims relating to advertising); and (iii) all claims that may arise after termination of these Terms of Service and/or your use of the Services.

(e) Exceptions. Notwithstanding this Agreement to arbitrate, either party may (i) bring an action on an individual basis in small claims court (to the extent the applicable claim qualifies), (ii) bring issues to the attention of federal, state or local agencies, including, for example, the Federal Trade Commission and the California Division of Consumer Services, which agencies may be able to seek relief on a party’s behalf (the Complaint Assistance Unit of the Division of Consumer Services may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210), and (iii) bring suit in court to seek a preliminary injunction or other interim relief pending the outcome of arbitration.

(f) No Class Actions. YOU AND WORD FUN, INC. AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT PRESIDE OVER ANY FORM OF CLASS, CONSOLIDATED OR REPRESENTATIVE PROCEEDING AND MAY ONLY PROVIDE RELIEF IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM.

(g) Notice of Dispute. A party who intends to seek arbitration must first send to the other a written Notice of Dispute (“Notice”). The Notice to Word Fun, Inc. must be addressed to the address in Section 12.4 below (“Notice Address”) and must be sent by certified mail. The Notice to you must be addressed to a mailing, home or payment address currently on record with Word Fun, Inc. and must be sent by certified mail. If Word Fun, Inc. has no records of such physical address, such notice may be delivered to your Word Fun, Inc. account email address. The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought. If Word Fun, Inc. and you do not reach an agreement to resolve the claim within sixty (60) calendar days after the Notice is received, you or Word Fun, Inc. may commence an arbitration proceeding.

(h) Arbitration Proceedings. The arbitration will be governed by the Commercial Arbitration Rules, or, if the actions giving rise to the dispute or claim relate to your personal or household use of the Services (rather than business use), the Consumer Arbitration Rules (in each case, the “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Section 6.10, and will be administered by the AAA and settled by a single arbitrator. The AAA Rules are available online at adr.org or by calling the AAA at 1-800-778-7879. The arbitrator is bound by the terms of these Terms of Service. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Section 11.8. Unless Word Fun, Inc. and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location in the United States for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, AAA shall determine the location. If your claim is for ten thousand dollars ($10,000) or less, Word Fun, Inc. agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds ten thousand dollars ($10,000), the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. All decisions by the arbitrator shall be final and binding and judgment on the award rendered may be entered in any court having jurisdiction.

(i) Costs of Arbitration; Legal Fees.
- (i) Payment of all filing, administration, and arbitrator costs and expenses imposed by AAA will be governed by the AAA rules, provided that if you are initiating an arbitration against Word Fun, Inc. and the value of the relief sought is ten thousand dollars ($10,000) or less, then Word Fun, Inc. will advance all filing, administrative and arbitration costs and expenses imposed by AAA (subject to reimbursement as set forth below). If the circumstances in the preceding sentence apply, but the value of relief sought is more than ten thousand dollars ($10,000) and you demonstrate to the arbitrator that such costs and expenses would be prohibitively more expensive than a court proceeding, then Word Fun, Inc. will pay the amount of any such costs and expenses that the arbitrator determines are necessary to prevent the arbitration from being prohibitively more expensive than a court proceeding (subject to reimbursement as set forth below). In the event that the arbitrator determines that all of the claims you assert in arbitration are frivolous according to Federal Rule of Civil Procedure 11, you agree to reimburse Word Fun, Inc. for all such cost and expenses that Word Fun, Inc. paid and that you would have been obligated to pay under the AAA rules.
- (ii) Just as in any court proceeding, each party will initially bear its own attorneys’ fees and expenses in connection with any arbitration. Should either party be determined to have substantially prevailed in the arbitration, then upon such party’s request, the arbitrator shall award such prevailing party the reasonable attorneys’ fees and expenses that it incurred in connection with the arbitration, provided that to the extent that the dispute or claim relate to your personal or household use of the Services (rather than business use) Word Fun, Inc. will not seek to recover its attorneys’ fees and expenses in an arbitration initiated by you. The arbitrator may make rulings and resolve disputes as to the reimbursement of attorneys’ fees and expenses upon request from either party made within fourteen (14) days of the arbitrator’s ruling on the merits.
(j) Future Changes. Notwithstanding any provision in these Terms of Service to the contrary, you and Word Fun, Inc. agree that if Word Fun, Inc. makes any future change to this arbitration provision (other than a change to the Notice Address) Word Fun, Inc. will provide you with notice of such change and you may reject any such change by sending us written notice within thirty (30) calendar days of the change to the Notice Address described above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision as unmodified by such rejected change.

20. General Terms

(a) Governing Law. These Terms of Service shall be governed by and construed in accordance with the laws of the State of California and the federal laws of the United States of America. The parties agree that the Uniform Computer Information Transactions Act as enacted any State of the United States shall not apply to this Agreement or any performance hereunder and the parties expressly opt-out of the applicability of UCITA to this Agreement.

(b) Forum. In the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt-out of the Agreement to Arbitrate or for any other reason, then any dispute or claim not subject to arbitration shall be resolved exclusively by a federal court located in Orange County, California, and to the extent there is no subject matter jurisdiction in such federal court, then a state court in Orange County, California. Both you and Word Fun, Inc. agree to submit to the personal jurisdiction and venue of such courts and agree that such forum is convenient.

(c) No Waiver. The failure of either party at any time to require performance by the other party of any provision of these Terms of Service shall in no way affect that party’s right to enforce such provisions, nor shall the waiver by either party of any breach of any provision of this Terms of Service be taken or held to be a waiver of any further breach of the same provision.

(d) Notice. Notices to you may be sent via either email or regular mail to the address at 9777 Wilshire Blvd., Suite 430, Los Angeles, CA 90210. The Services may also provide notices of changes to these Terms of Service or other matters by displaying notices or links to notices to you generally on the Services.

(e) Assignment. These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Word Fun, Inc. without restriction. Any assignment attempted to be made in violation of these Terms of Service shall be void.

(f) Severability. If any provision of these Terms of Service or any guidelines is held to be unlawful, void, or for any reason unenforceable, then for both you and Word Fun, Inc. that provision will be limited or eliminated from these Terms of Service to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.

(g) Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms of Service, and will not be deemed to limit or affect any of the provisions of it.

(h) Survival. Upon termination of these Terms of Service, any provision which, by its nature or express terms should survive, will survive such termination or expiration.

(i) English Language. Communications and documents, even those from Word Fun, Inc., on the Site or through the Services may be in a language other than English. With respect to these Terms of Service, the Privacy Policy, and any other agreement between you and Word Fun, Inc., or other policy implemented by Word Fun, Inc., the English language version of each of these documents is the version that governs your use of the Services and controls in the event of any conflict.