Terms of Use

Effective Date November 30, 2007

THESE TERMS OF USE, AS AMENDED FROM TIME TO TIME ("Terms"), ARE A BINDING CONTRACT BETWEEN DEMAND MEDIA, INC. ("THINKS.COM" or "we") AND YOU ("you"). YOU MUST READ AND AGREE TO THESE TERMS, INCLUDING THE PRIVACY POLICY, BEFORE USING THE THINKS.COM WEBSITE (the "Site") OR ANY SOFTWARE, GAMES, APPLICATIONS, FEATURES OR FUNCTIONALITY AVAILABLE ON OR THROUGH THE SITE (COLLECTIVELY, THE "SERVICE"). BY USING THE SERVICE, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE.

  1. DESCRIPTION OF SERVICE; MINIMUM AGE REQUIREMENT

    1. Description of Service. Synonym.com is a popular place to play free online puzzles and games for all ages: checkers, crosswords, riddles, sudoku, word search, jigsaw, trivia, wordplay, chess and much more.
    2. Age Requirement. You must be at least 14 years old to use the Service.
  2. MODIFICATIONS TO TERMS

    1. Procedure. At any time Synonym.com may change these Terms, which includes the Privacy Policy and any other agreement that is incorporated by reference into these Terms. We will provide notice to you of any material change in the Terms by posting notice to the Site. Your continued use of the Service 30 days after our notice to you of a change in the Terms will mean that you have agreed to be bound by the amended Terms.
    2. Your Obligation to Stay Current. We strongly encourage you to check back regularly to review these Terms at least once every 30 days.
  3. MODIFICATIONS TO SERVICE.

    We reserve the right to modify or discontinue, and restrict or block access to, the Service without notice to you.
  4. CONTENT PROTECTED BY INTELLECTUAL PROPERTY RIGHTS.

    Any content available through the Service, including games, applications, software, text, audio, video, pictures, graphics, music, sound clips, images, likenesses, personal information and other works of authorship (collectively, "Content") is protected by the intellectual property rights of Synonym.com or its licensors.
  5. USER SUBMISSIONS.

    When you submit ideas, suggestions, documents, or proposals (collectively, "Submissions") to Synonym.com through our "Contact Us" web page located at info@synonym.com, you represent, warrant, and agree that: (a) your Submissions do not include confidential or proprietary information; (b) if we so choose, Synonym.com may use and disclose your Submissions in any way; and (c) Synonym.com has no obligation to pay or reimburse you for your Submissions or our use of your Submissions.
  6. PROHIBITED CONTENT.

    You must not post to the Service any Content that, as reasonably determined by Synonym.com, is or appears to be the following:
    1. 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; or
    2. in violation of any applicable local, state, national or international law (including export laws).
  7. PROHIBITED CONDUCT.

    You must not do, or attempt to do, any of the following, as reasonably determined by Synonym.com, subject to applicable law:
    1. access or use the Service in any way that is not in compliance with any applicable local, state, national or international law (including export laws), contracts, intellectual property rights or constitutes the commission of a tort, or for any purpose that is harmful or unintended (by us), or other than in full compliance with these Terms;
    2. access, tamper with, or use services or areas of the Service that you are not authorized to access;
    3. alter information on or obtained from the Service;
    4. tamper with Content belonging to Synonym.com or Synonym.com's licensors;
    5. use any robot, spider, scraper or other automated means or interface not provided by us to access the Service or extract data or gather or use information;
    6. frame any part of the Service, or link to the Service, or otherwise make it look like you have a relationship to us or that we have endorsed you or your Content for any purpose except as expressly permitted in writing by Synonym.com;
    7. impersonate or misrepresent your affiliation with any person or entity;
    8. reverse engineer any licensed software, application, games or any other aspect of the Service or do anything that might discover source code, or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Service;
    9. send to or otherwise impact us or the Service (or anything or anyone else) with harmful, illegal, deceptive or disruptive code such as a virus, "spyware," "adware" or other code that could adversely impact the Service or any recipient; or
    10. take any action which might impose a significant burden (as determined by us) on the Service's infrastructure or computer systems, or otherwise interfere with the ordinary operation of the Service.
  8. PROTECTION OF CONTENT.

    1. License by Synonym.com to You. You must comply with the intellectual property laws protecting our Service. Synonym.com grants you a limited, revocable, non-transferable, non-sublicensable, non-exclusive license, under the rights Synonym.com has in the Content, to privately display and perform the Content on your computer for your own personal, noncommercial purposes.
    2. Reservation of Rights. On its own behalf and the behalf of its licensors, Synonym.com reserves all rights in the Content, including any software, not expressly granted in this Section 8. Synonym.com does not in any way grant any other rights to you. Except as expressly stated in this Section 8, you may not reproduce, distribute, modify, publicly perform or display, or prepare derivative works of any Content, including any software, without prior written consent from Synonym.com or other third-party owner of the rights in that Content (if any).
  9. PRIVACY POLICY.

    Please see our Privacy Policy, http://synonym.com/privacy-policy/. Our Privacy Policy is part of and incorporated into these Terms. We reserve the right to contact you about these Terms or any Content or activities relating to the Service.
  10. TERMINATION OR CANCELLATION.

    1. Right to Terminate. We may, at any time, without notice to you, terminate your access to the Service, or block your access to the Service if:
      1. we believe in our sole discretion that you may have violated these Terms or have otherwise engaged in any activities that may harm or damage the reputation, rights, person, or property of Synonym.com, our users, or any other person; or
      2. requested by law enforcement or other government agencies.
    2. Effect of Termination. Upon termination of your Account or the Service, your agreement with Synonym.com pursuant to these Terms will also terminate, except that the following provisions survive the termination: Section 4 "Content Protected by Intellectual Property Rights," Section 5 "User Submissions" Section 8 "Protection of Content," Section 12 "Indemnification," Section 13 "Disclaimer of Warranties," Section 14 "Exclusion of Damages; Limitation of Liability," and Section 18 "Additional Terms" and the Privacy Policy.
  11. DEALINGS WITH MERCHANTS; LINKS

    1. Advertisements and Links. The Service contains advertisements, offers, or other links to websites of third parties that we do not control. Advertisements and other information provided by third parties may not be wholly accurate. Synonym.com is not responsible or liable for (i) the availability or accuracy of such sites or advertisements; or (ii) the content, products or services available from such sites. The inclusion of any link on the Service does not imply that we endorse the linked site. You use the links at your own risk. Synonym.com Privacy Policy is applicable only when you are on our Site. Once you link to another website, its privacy statement applies to any personal information you supply.
    2. Transactions with Third Parties. Your transactions and other dealings with third party merchants or advertisers that are found on or through the Service, including "click to purchase," "co-registration," and other similar programs, including payment and delivery of related goods or services, are solely between you and such merchant or advertiser.
  12. INDEMNIFICATION.

    You agree to hold Synonym.com and Demand Media, and their subsidiaries, affiliates (for example, those listed at www.demandmedia.com), officers, directors, employees, agents, attorneys, and suppliers, and each of their respective successors and assigns (collectively, the "Indemnified Persons"), harmless from, and indemnify them for, all damages, costs, expenses and other liabilities, including reasonable attorneys' fees and expenses, relating to any claim arising out of or related to: (i) your access to and use of the games, software, and other aspects of the Service and the Content; (ii) your violation of these Terms, and any applicable law or the rights of another person or party; (iii) any dispute you have related to any merchant or advertising found on or through the Service; (iv) your improper authorization for Synonym.com to collect, use or disclose any Content provided by you; and (v) any disclosures made with your permission.
  13. DISCLAIMER OF WARRANTIES.

    THINKS.COM PROVIDES THE SERVICE "AS IS" AND "AS AVAILABLE". TO THE MAXIMUM EXTENT PERMITTED BY LAW, THINKS.COM MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE OR THE INFORMATION, GAMES, SOFTWARE, OR CONTENT INCLUDED IN THE SERVICE. THINKS.COM MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, SECURE, OR TIMELY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THINKS.COM EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING, TRADE, USAGE OR PERFORMANCE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, AND THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. WE URGE YOU TO KEEP BACKUP COPIES OF YOUR PERSONAL CONTENT, IF ANY, THAT YOU MAINTAIN ON OR USE WITH THE SERVICE. IF YOUR USE OF THE SERVICE RESULTS IN THE NEED FOR SERVICING OR REPLACING PROPERTY, MATERIAL, EQUIPMENT OR DATA, WE ARE NOT RESPONSIBLE FOR ANY RESULTING COSTS OR DAMAGES.
  14. EXCLUSION OF DAMAGES; LIMITATION OF LIABILITY.

    TO THE MAXIMUM EXTENT PERMITTED BY LAW, NONE OF THE INDEMNIFIED PERSONS ARE LIABLE TO YOU OR ANY OTHER PERSON FOR INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, STATUTORY, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF PRIVACY, LOSS OF GOODWILL OR ANY OTHER LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY TO YOU OF THE INDEMNIFIED PERSONS EXCEED, IN TOTAL, THE AMOUNTS PAID BY YOU TO US.
  15. COPYRIGHT INFRINGEMENT/DMCA.

    Synonym.com respects the intellectual property rights of others. If you believe that your work is being used on the Service in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in writing:
    1. the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf;
    2. identification of the copyrighted work that you claim has been infringed;
    3. identification of the material that is claimed to be infringing and information reasonably sufficient to permit Synonym.com to locate the material (for example, by providing a URL to the material);
    4. your name, address, telephone number, and email address;
    5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
    6. a statement that the information in your notification is accurate and a statement, made under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner's behalf.

      Our designated agent to receive notification of claimed infringement can be reached at:

      Copyright Agent
      15801 NE 24th Street
      Bellevue, WA 98008
      (425) 974-4780 (fax)
      copyright@demandmedia.com.

      It is our policy to terminate in appropriate circumstances any user for repeated infringement of intellectual property rights, including copyrights, and we also reserve the right to terminate a user's access for even one instance of infringement.

      Synonym.com may access, preserve and disclose to third parties any of your information or data (including personally identifiable information and communications) related to a written complaint of copyright infringement if we believe in our sole discretion that such access, preservation, or disclosure is necessary or useful to respond or otherwise address such complaint.

  16. CUSTOMER SUPPORT.

    We have no obligation to provide you with customer support of any kind.
  17. NOTICES AND CONTACT INFORMATION.

    Except as otherwise provided in these Terms, Synonym.com will give you any notices by posting them on the Site. Since notice of any material change to the Terms will be posted to the Site for at least 30 days, we encourage you to visit the Site at least that often. You also authorize Synonym.com to send you notices (including notice of subpoenas or other legal process, if any) via electronic mail. You must check the Site for notices, and you will be considered to have received a notice when it is made available to you by posting on the Site or when sent by Synonym.com via electronic mail, whether or not received by you. Synonym.com may provide notice to any email or other address that you provide to us. Any notice sent by Synonym.com to the address that you have most recently provided is effective notice. You must send us any notice by mailing it to our address for Legal Notices which is: Hillclimb Media, 15801 NE 24th Street, Bellevue, WA, 98008, U.S.A., Attn: Legal Department.
  18. ADDITIONAL TERMS

    1. Agreement to Conduct Transactions Electronically. All of your transactions with or through the Service may, at our option, be conducted electronically from start to finish. If we decide to proceed non-electronically, those services will still be governed by the remainder of these Terms unless you enter into different terms on a form provided by us. If the law allows you to withdraw this consent or if we are ever required to deal with you non-electronically, we reserve the right to charge or increase fees and you agree to print or make an electronic copy of the Terms and any other contract or disclosure that we are required to provide to you.
    2. Compliance with Laws. You are responsible for compliance with applicable local laws. Access to the Service Content by certain persons or in certain countries may not be legal.
    3. No Agency; No Third Party Beneficiary. These Terms do not create any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship. Except for the Indemnified Persons, there are no third party beneficiaries of these Terms.
    4. Severance. If any part of the Terms is held by a court of competent jurisdiction to be invalid or unenforceable, the invalid or unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full effect, provided that the allocation of risks described in these Terms is given effect to the fullest extent possible.
    5. Assignment. These Terms are personal to you and you may not transfer, assign or delegate them to anyone without the express written permission of Synonym.com. Any attempt by you to assign, transfer or delegate these Terms without the express written permission of Synonym.com will be null and void. Synonym.com has the right to transfer, assign and delegate these Terms to one or more third parties without your permission.
    6. Jurisdiction; Choice of Law; Export Limitations. This Service is controlled by us from our offices in the United States of America and is directed to U.S. users. If you access the Service from locations outside the U.S., you do so at your own risk and you are responsible for compliance with applicable local laws. You may not use or export anything from the Service in violation of U.S. export laws and regulations or the Terms. These Terms and all performances and claims of every nature between us are governed by the laws of the State of California, U.S.A., without regard to any conflicts of laws principles that would result in the application of the law of a different jurisdiction. You and Synonym.com submit to the exclusive personal jurisdiction and venue of the state and federal courts located within Los Angeles County, California.
    7. Limitations on Actions. Any action concerning any dispute with respect to the Service must be commenced within one year after the cause of the dispute arises, or the cause of action is barred.
    8. Interpretation. The paragraph headings in these Terms are included to help make these Terms easier to read and have no binding effect. As used in these Terms, the words "include" and "including" are meant to be illustrative and not exhaustive.
    9. Entire Agreement. These Terms (including terms incorporated into them, e.g., the Privacy Policy) and any policies and guidelines posted to the Service by Synonym.com comprise the entire agreement (the "Entire Agreement") between you and Synonym.com with respect to the use of the Service and supersede all contemporaneous and prior agreements between the parties regarding the subject matter contained herein, and neither party has relied on any representations made by the other that are not expressly set forth in the Entire Agreement.
    10. No Waiver. The failure of any party to exercise or enforce any right or provision of these Terms, including any failure to act with respect to a breach, will not constitute a waiver of such right or provision or that party's right to act with respect to subsequent or similar breaches. We suggest that you print out a copy of these Terms for your records.
  19. FURTHER INFORMATION


    If you have a complaint, you may contact us at Hillclimb Media Legal Department, 15801 NE 24th Street, Bellevue, WA 98008, U.S.A. If you are a California resident, the Complaint Assistance Unit of the Division of Consumer Services of the Dept. of Consumer Affairs may be contacted at 400 R Street, Sacramento, CA 95814 or (800) 952-5210.
  20. LEGAL NOTICES.

    1. NOTICE OF AVAILABILITY OF FILTERING SOFTWARE
      All users are hereby informed by the provider of this interactive computer service that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors. A report detailing some of those protections can be found at http://www.ntia.doc.gov/ntiahome/ntiageneral/cipa2003/index.html (Children's Internet Protection Act: Report on the Effectiveness of Internet Protection Measures and Safety Policies).
    2. NOTICE RE TRADEMARKS
      The trademarks Synonym.com, Demand, Demand Media and all other trademarks listed below or used in the Service are owned or used under license by Synonym.com and its affiliated organizations. The names of third parties and their products mentioned may be their trademarks. You may not use any of the above or other trademarks displayed on the Service or in any Service content. All rights are reserved.
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