Terms of Service

Last Updated: January 23, 2012


1. Agreement and General Terms of Use

1.1 These Terms of Service constitute the agreement between Dictionary.com, LLC ("Dictionary.com") and you as a user who accesses, subscribes to access or otherwise establishes a connection (“user,” “you,” or “your”) to the world wide web sites known as Dictionary.com, Reference.com, Thesaurus.com (individually and collectively, the "Site" and including any sub-domains, "premium" sites or other related Dictionary.com products and services), which are owned and controlled by Dictionary.com.


1.2 You must agree to abide by all of the provisions in this agreement in order to remain an authorized user of the Site and your use of the Site constitutes your agreement to abide by those provisions. You are solely responsible for your use of the Site and for ensuring that your use complies fully with the provisions of this agreement. Your rights are personal and non-assignable. This means that you will be responsible for the acts of anyone accessing the Site through you or using your name and password.


1.3 Dictionary.com reserves the right, in its sole discretion, to change any or all of the provisions of this agreement at any time. Dictionary.com will notify users of any changes by posting them on the Site or through other reasonable means of providing notice. Any changes to this agreement will be effective immediately upon notice to you. Your use of the Site after notice of changes to this agreement will be deemed your acceptance of the changes.


1.4 Dictionary.com reserves the right, in its sole discretion, to change, limit, or discontinue any aspect, content, or feature of the Site, as well as any aspect pertaining to the use of the Site.


1.5 IF YOU DO NOT AGREE TO THE PROVISIONS OF THIS AGREEMENT OR ARE NOT SATISFIED WITH THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE OF THE SITE.


2. User Activities and Information on the Site

2.1 You will use the Site and any tools, features, content, material, or information found on the Site solely for lawful, non-commercial purposes. You will not allow any third party to access the Site through your account, upload to, distribute to, or otherwise disseminate through the Site any material or information of any kind that is libelous, defamatory, obscene, pornographic, abusive, or otherwise violates any law or infringes or violates any rights of any other person or entity, or contains a solicitation of funds, advertising, or a solicitation for goods or services.


2.2 You warrant that any material or information that you make available through the Site, including, for example, postings to comment sections and forums, is solely your original work, or that you have all necessary rights to make the material or information of any other person or entity available on the Site. You will be solely responsible for the content of any material or information that you make available through the Site. You will also be liable for any damage resulting from making any material or information available through the Site.


2.3 By making any material or information available through the Site, you automatically grant to Dictionary.com a worldwide, royalty-free, perpetual, irrevocable, and non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, distribute and sublicense any such material or information (in whole or in part) and/or to incorporate it in other works regardless of form, media, or technology. By making any material or information available through the Site, you also grant to users other than yourself the right and license to access, view, store, or reproduce your material and information for that user’s personal use.


2.4 Dictionary.com has no obligation to, and does not and cannot, review every item of material or information that you and users other than yourself made available through the Site, and Dictionary.com is not responsible for any content of this material or information. However, Dictionary.com reserves the right to delete, move, or edit any material or information that it deems, in its sole discretion, unacceptable, libelous, defamatory, obscene, pornographic, abusive, or otherwise in violation of any law or that infringes or violates any rights of any other person or entity. Further, Dictionary.com reserves the right at all times to disclose any material or information as necessary to satisfy any law, regulation, or governmental request.


2.5 Dictionary.com reserves the right to collect, use, and distribute demographic data about you and your use of the Site in forms that do not identify you individually or reveal your identity.


3. Rights in Site Content and the Site

3.1 All content provided by Dictionary.com on the Site is protected by copyright, trademark, and other applicable intellectual property and proprietary rights laws and is owned, controlled, and/or licensed by Dictionary.com. The Site is protected by copyright, patent, trademark, and other applicable intellectual property and proprietary rights laws and is owned, controlled, and/or licensed by Dictionary.com. Any and all trademarks appearing on the Site are the property of Dictionary.com or their respective owners.


3.2 You will not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part, found on the Site. You agree that all rights to the Site, content and any derivative work will remain with Dictionary.com. You will download copyrighted content solely for your personal use, but will make no other use of the content without the express written permission of Dictionary.com and the copyright owner. You will not make any changes to any content that you are permitted to download under this agreement, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You agree that you do not acquire any ownership rights in any downloaded content.


3.3 Certain content found on the Site may be subject to additional terms, conditions, and notices as specified in Section 11 (Content-Specific Notices) below.


4. Disclaimer of Warranties & Limitation of Liability

4.1 YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER DICTIONARY.COM, NOR ANY OF ITS AFFILIATES, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY, COMPLETENESS, OR CONTENTS OF ANY CONTENT, INFORMATION, MATERIAL, POSTINGS, OR POSTING RESPONSES FOUND ON THE SITE, ANY MERCHANDISE OR SERVICES PROVIDED THROUGH THE SITE, OR ANY LINKS TO OTHER SITES MADE AVAILABLE ON THE SITE.


4.2 TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ALL CONTENT, MATERIAL, INFORMATION, POSTINGS, OR POSTING RESPONSES FOUND ON THE SITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.


4.3 UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL DICTIONARY.COM (OR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS), BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY TOOL, CONTENT, INFORMATION, MATERIAL, POSTINGS, OR POSTING RESPONSES ON THE SITE OR THE SITE ITSELF. THESE LIMITATIONS APPLY REGARDLESS OF WHETHER THE PARTY LIABLE OR ALLEGEDLY LIABLE WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT DICTIONARY.COM (AND ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS), IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER, INCLUDING YOU.


5. Indemnification

You agree to defend, indemnify and hold harmless Dictionary.com (and any of its parents, subsidiaries, affiliates, employees, agents, third party content providers, or licensors, and their respective directors, officers, employees, and agents) from and against all claims, liability, and expenses, including attorneys’ fees and legal fees and costs, arising out of your use of the Site or your breach of any provision of this agreement. Dictionary.com reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You will cooperate as fully as reasonably required in the defense of any claim.


6. Fees and Payments

6.1 Dictionary.com Premium Fees and Payment. The current Subscription Fees for a subscription (annual or monthly, as applicable) to the "Premium" Site can be found
here:


Premium Dictionary.com

Writing Dynamo Writing Analyzer


As a user of the Premium Site you agree to pay the subscription fees (annual or
monthly, as applicable) and any other charges in connection with the subscription
(including any applicable taxes) at the subscription fees in effect at the moment of
the subscription or at the moment of the renewal of the subscription. By subscribing
to the Premium Site you authorize us to bill all charges automatically to your elected
payment method. All fees and charges are nonrefundable.


We reserve the right to change the subscription fees in the future, by giving you
written notice in advance of your next subscription renewal date. If you want to
change or update your payment method before a renewal payment is due, you can
update your information by accessing your account information here.


6.2. Renewal of Subscription to the Premium Site. Your subscription to the Premium Site will renew automatically, unless (i) you click the Cancel Premium Membership button on the Manage My Account page before the renewal date; (ii) we terminate your subscription; or (iii) your registered payment method expires or becomes invalid when the subscription renewal is due. To avoid the charge of any Subscription Renewal Fees, we must receive your subscription cancellation notice before the renewal date. All fees and charges are nonrefundable.


6.3. Free Trials. Depending on the particular Site or product, you may be able to sign-up for a free trial. If at the end of the free trial, you do not cancel your subscription, Dictionary.com will automatically charge you the current annual subscription fee via the payment method you elected at registration. You may cancel the subscription by clicking the Cancel Subscription button located on the Manage My Account webpage. If you cancel before the expiration of the free trial, you will not be charged a fee. All fees and charges are nonrefundable.


7. Notices Between Us

You will contact us by submitting your message via this form. We will contact you by the e-mail address you provide to us, or by posting a notice on the Site.


8. Termination

Dictionary.com may terminate this agreement and your use of the Site at any time. Dictionary.com will have the right immediately to terminate your use of the Site in the event of any conduct by you which Dictionary.com, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this agreement.


9. Law Governing Performance and Disputes

This agreement, your performance under it, and any disputes arising under it will be governed exclusively by the laws of the United States of America and the State of California, without giving effect to their conflict of laws principles. You expressly consent to the exclusive forum, jurisdiction, and venue of the Courts of the State of California and the United States District Court for the Northern District of California in any and all actions, disputes, or controversies relating to this agreement.


10. General Terms

This agreement and any posted rules on the Site established by Dictionary.com constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by either Dictionary.com or you of any breach or default under this agreement will be deemed to be a waiver of any preceding or subsequent breach or default. This agreement will be binding upon and inure to the benefit of Dictionary.com and its successors, trustees, and permitted assigns. Dictionary.com may assign this agreement or any of its rights or obligations under this agreement with or without notice to you.


11. Content-Specific Notices


Please see the notices here regarding specific content that may be found on our Site.

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