The online-spellcheck.com website (“Website”) is a hosted writing improvement service (“Service”). Any use of the Website and Service is subject to the following Terms and Conditions of Use (“Terms and Conditions”), as well as to our Privacy Policy, all of which are incorporated by reference into these Terms and Conditions. When you use online-spellcheck.com, download an online-spellcheck.com Plugin (“Plugin”), or access any part of the Website or use the Service, you agree that you have read, understood, and agree to be bound by the these Terms and Conditions concerning your use of: (a) the Website and Service; and (b) the Plugin.
- General. We may in its sole discretion change, modify, suspend, make improvements to or discontinue any aspect of the Website and Service, temporarily or permanently, at any time and without notice to you. Under no circumstances will we be liable for any such change, modification, suspension, improvement or discontinuance. If you do not agree with any of these changes, you may terminate your account as set forth in Section 11.
- Registration. By registering with us, you represent and warrant that the information you provide to us in connection with any registration process is true and accurate, and that you will promptly notify us if any of that information changes.We may use the information that you provide during the registration process, in particular your email address: (a) to communicate with you about the Website and Service, including without limitation, any changes to our Privacy Policy or other policies; (b) respond to your emails to us regarding our service; and (c) for all other purposes stated in our Privacy Policy. We reserve the right to terminate your access to and use of all of all our websites if you provide false or inaccurate information.
If you obtain or purchase an API Key, you are responsible for maintaining the security of your API Key, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with your API Key. You must immediately notify us of any unauthorized uses of your API Key, your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which the Website links, and that link to the Website. We does not have any control over these other websites and webpages, and are not responsible for their contents or their use. By linking to another website or webpage, we does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses and other harmful or destructive content. We disclaim any responsibility for any harm resulting from your use of other websites and webpages.
- Changes. The Website, Service, and these Terms and Conditions may be changed at the sole discretion of us and without notice. You are bound by any such updates or changes, including but not limited to those affecting these Terms and Conditions, and so should periodically review these Terms and Conditions.
- Communications with us. All notices and other communications to us required under this Agreement should be directed to [email protected]. Notice shall be deemed given twenty-four (24) hours on business days after notice is sent.
- Limitation of warranties of us, our suppliers and licensors. Except as otherwise expressly stated, all content posted to or available from the Website and the Service are provided “as is”, and we, our suppliers and our licensors make no representations or warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title or non-infringement of proprietary rights. We makes no representations and warranties regarding uptime for the Service and the accuracy of the Service in identifying spelling errors or writing mistakes. You understand and agree that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk, and that we, our suppliers and our licensors will have no liability or responsibility for any damage to your computer system or data that results from the download or use of such content or services. Some jurisdictions may not allow the exclusion of implied warranties, so some of the above may not apply to you.
- Limitation of liability of us, our suppliers and our licensors. Except as otherwise expressly stated, in no event will we, our suppliers or our licensors be liable to you or any other party for any direct, indirect, special, consequential or exemplary damages, regardless of the basis or nature of the claim, resulting from any use of the Website or Service, or the contents thereof or of any hyperlinked website including without limitation any lost profits, business interruption, loss of data or otherwise, even if we, our suppliers or our licensors were expressly advised of the possibility of such damages. In no event will the aggregate liability for any and all of your claims against us, our suppliers and our licensors arising out of or related to use of the Website and Service, or the contents thereof or of any hyperlinked website exceed the amounts actually paid by you to us during the 12-month period prior to the date a claim is made. Some jurisdictions may not allow the exclusion or limitation of liability for certain incidental or consequential damages, so some of the above limitations may not apply to you. You agree that this Section 8 represents a reasonable allocation of risk.
- General Representation and Warranty. You represent and warrant that your use of the Website and Service will be in accordance with our Privacy Policy, with these Terms and Conditions, with any applicable laws and regulations, including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside, and with any other applicable policy or terms and conditions.
- Indemnification. You agree to defend, indemnify and hold us harmless, as well as our contractors and our licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Service, including but not limited to out of your violation of any representation or warranty contained in these Terms and Conditions.
- Termination. We may terminate this Agreement, your rights under this Agreement, and your access to and use of the Website and Service in its sole discretion, for any reason or no reason at all, (including but not limited to failure to pay your fees), with or without cause and without notice or liability to you or any third party. Any termination of these Terms and Conditions automatically terminates the license to use the Service and this Website and to use your API Key. You may terminate these Terms and Conditions for any reason upon thirty (30) days prior written notice to us.
- Survival. Upon termination, all rights and obligations created by this Agreement will terminate, except that you will continue to be bound by those terms that would by their nature survive such termination, including without limitation those concerning intellectual property rights, disclaimers of warranties and limitations of liability; representations, warranties and indemnity obligations; and general provisions.
- Miscellaneous. These Terms and Conditions constitute the entire agreement between us and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of us, or by the posting of us of a revised version. This agreement shall be governed by the laws of the Federal Republic of Germany. The UN Convention on Contracts for the International Sale of Goods regulations shall not be applied. If the client is a merchant, statutory juristic person or public law special legal estate, the jurisdiction for all litigations from this contract shall be the Court in which the Provider’s business location has its seat, provided that an exclusive jurisdiction is not given. The same applies if the client has no general jurisdiction in Germany or residence or usual stay is not known at the time of the filing of the action. If any part of these Terms and Conditions is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of these Terms and Conditions or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. We may assign its rights under these Terms and Conditions without condition. These Terms and Conditions will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. These Terms and Conditions will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
