Terms of Service - Spell With Sounds
This version of the Terms of Service is effective as of Dec. 29th, 2025.
Click to download the
Terms of Service.
1. Introduction
Please read these Terms of Service (heretofore, the “Terms”) carefully, as the Terms describe what is expected of you as a visitor to www.spellwithsounds.com, the rights you have as a visitor, the rights of Spell With Sounds in relation to the rendering of services through www.spellwithsounds.com (heretofore, ‘the Site’), and the conditions relevant to the usage of the services provided through the Site.
Along with the
Privacy Policy (heretofore, the “Privacy Policy”) of the Site, the Terms govern all use of the Site for any visitor to the Site without consideration of the location of the visitor.
Access of or use of the Site constitutes acceptance of the Terms as a binding agreement between you and Spell With Sounds. Additionally, by accessing or using the Site you represent that you are an adult (according to the rules of the country where you are located), that you have read and understand the Terms, and that you agree to use the Site in compliance with applicable laws and the Terms.
If you do not agree to the Terms, please do not use the Site.
2. Definitions
For the purpose of the Terms,
- “the Site” means www.spellwithsounds.com
- “We,” “us,” or “our” means Spell With Sounds, a nonprofit corporation in the State of Texas
- “You” means a single, named person who visits the Site
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“Registered User” means a single, named person, of legal age who can enter into a contract where the person lives, who visits the Site and who has created and keeps an account with the Site
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“User” means a single, named person, of legal age who can enter into a contract where the person lives, who visits the Site
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“Registered User Materials” means any of the documents of the type ‘PDF’ that may be downloaded by an Registered User from the Site (excluding the PDFs of the Terms and the Privacy Policy), whether those documents have been downloaded to a computer, printed on paper, or remain on the Site, the Pages for Registered Users, and the code, text, graphics, animations, activities, and videos of the Site that are accessible on the Pages for Registered Users, whether the content is rendered by regular interaction through visiting the Site or not
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“Pages for Registered Users” means the pages at the following URLs: www.spellwithsounds.com/usersp, www.spellwithsounds.com/words, www.spellwithsounds.com/order, www.spellwithsounds.com/myaccount, www.spellwithsounds.com/settings, www.spellwithsounds.com/worksheets, www.spellwithsounds.com/letters, www.spellwithsounds.com/letsounds, www.spellwithsounds.com/completeword, www.spellwithsounds.com/spellsounds, www.spellwithsounds.com/word-seq
- “User Materials” means all of the content that is accessible on the Site without entering credentials, whether rendered by regular interaction through visiting the Site or not
3. Visitors and Use
There are 2 types of visitors to the Site: Users, who have not registered for an account, and Registered Users, who have registered for and keep an account.
All of the webpages that do not require authentication to view them (all of those within the User Materials) may be visited by the User or the Registered User. After authenticating, the Registered User may also visit the Pages for Registered Users. We reserve the right to delete the account of or ban the IP address of any visitor who attempts to bypass the security measures, to provide fraudulent credentials, to introduce malware, to spam, or to otherwise tamper with the Site. If it should be determined that the Registered User has committed any of the acts referenced in the previous sentence, the account may be suspended, canceled, or otherwise altered, the license that is in use by the Registered User may be revoked. If we revoke the license of the Registered User, we will provide notification in writing at the email address associated with the account. In the case of damages being caused by any unauthorized or malicious action on the Site, we may take legal action in addition to those listed above. Even if we do not immediately take legal action in response to an unauthorized action or malicious action on the Site, we do not waive the right to take legal action in the future.
The User is solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized actions by the User on the Site. Any attempt to bypass the security measures of the Site to access the Pages for Registered Users or the Registered User Materials may result in the IP address of the User being banned.
The Registered User is solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized actions by the Registered User on the Site.
If the Registered User uses the Site for the education of the children who attend the educational organization that employs the Registered User, both the Registered User and the employer of the Registered User may be held responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized actions by the Registered User on the Site.
By maintaining an account with the Site, the Registered User agrees that the Registered User will be the only person to use the credentials and the account of the Registered User. The Registered User also acknowledges that it is the responsibility of the Registered User to maintain the confidentiality of the Registered User’s credentials and that the Registered User is responsible for any actions that are done on the Site with the account of the Registered User. The Registered User agrees to notify us immediately by email at contact@spellwithsounds.com if the Registered User becomes aware of any unauthorized use of the credentials of the Registered User or of the account of the Registered User. Any activity that is deemed a violation of the Terms may result in the account of the Registered User being suspended, canceled, or otherwise altered, and the license that is in use by the Registered User may be revoked. If we revoke the license of the Registered User, we will provide notification in writing at the email address associated with the account.
The User may not use the Site or the User Materials for any educational purpose. Only Registered Users are allowed to use the Site and the Registered User Materials for educational purposes. More details about permissible use are provided in the section “Content Ownership and License.”
The Registered User is permitted to use the Registered User’s account and the Registered User Materials for the purpose of teaching children in whose education the Registered User is involved as a teacher, a family member, or a concerned member of the community and for no other purpose. If it is determined that the Registered User is using the held account, the Site, or the Registered User Materials for a purpose other than teaching the children in the classes that the Registered User teaches, the children of the Registered User, or the children of the community in which the Registered User lives (e.g. a volunteer teaching children at a community center), the account of the Registered User may be suspended, canceled, or otherwise altered, and the license that is given to the Registered User may be revoked. If we revoke the license of the Registered User, we will provide notification in writing at the email address associated with the account. Any misuse that may be deemed a violation of copyright law may result in further legal action. More details about permissible use are provided in the section “Content Ownership and License.”
We reserve the right to suspend, cancel, or otherwise alter the account of Registered Users, regardless of the occurrence of any violation of the Terms. If we suspend, cancel, or otherwise alter the account of the Registered User, we will notify the Registered User in writing at the email address associated with the account of the Registered User when we suspend, cancel, or otherwise alter the account of the Registered User. We also reserve the right to revoke the license that is in use by the Registered User at our own discretion. If we revoke the license of the Registered User, we will provide notification in writing at the email address associated with the account.
If we make material changes that impede use of the Site or if the Registered User Materials negatively change in some way that is material, we will provide advance notice to Registered Users unless we are prevented from doing so due to legal requirements or due to a need to address security or operability issues.
YOU UNDERSTAND THAT YOUR USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER DEVICES AND FOR ANY LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OF ANY CONTENT FROM THE SITE. WE DO NOT PROVIDE ANY WARRANTY OR GUARANTEE AS TO THE ACCURACY, PERFORMANCE, COMPLETENESS, OR SUITABILITY OF THE INFORMATION AND MATERIALS FOUND OR OFFERED ON THE SITE. YOU ACKNOWLEDGE THAT SUCH INFORMATION AND MATERIALS MAY CONTAIN INACCURACIES OR ERRORS, AND WE EXPRESSLY EXCLUDE LIABILITY FOR ANY SUCH INACCURACIES OR ERRORS TO THE FULLEST EXTENT PERMITTED BY LAW. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
4. Accounts and Payments
An account with the Site allows an Registered User to go to the Pages for Registered Users, on which are found the resources used for teaching.
The account of an Registered User is accessed by entering the credentials that the Registered User entered when creating the account. No one but the Registered User may use the credentials to access the account of the Registered User. The Registered User acknowledges that it is the responsibility of the Registered User to maintain the confidentiality of the Registered User’s credentials and that the Registered User is responsible for any actions that are done on the Site with the account of the Registered User. The Registered User agrees to notify us immediately by email at contact@spellwithsounds.com if the Registered User becomes aware of any unauthorized use of the credentials of the Registered User or of the account of the Registered User.
If the Registered User uses the Site or the Account Materials for the education of the children who attend the educational organization that employs the Registered User, the Registered User acknowledges that the Registered User is authorized to agree to the Terms on behalf of the organization, regardless of whether the organization is a public or private institution.
The account of the Registered User may be deleted at any time by clicking the button on the account management page, www.spellwithsounds.com/myaccount. Deleting the account will delete all data associated with the account. If you accidentally delete your account, you are free to create a new account. You may also attempt to resolve the issue by contacting us through email at contact@spellwithsounds.com.
We reserve the right to suspend, cancel, or otherwise alter the account of an Registered User and to revoke the license provided to the Registered User at any time and at our own discretion, regardless of the occurrence of any violation of the Terms. If we revoke the license of the Registered User, we will provide notification in writing at the email address associated with the account.
5. Content Ownership and License
Although we provide licenses to the User Materials and the Registered User Materials, we retain the intellectual property rights.
Except as expressly permitted in the Terms or with our prior written consent, no part of the Site, the User Materials, or the Registered User Materials may be used, copied, reproduced, distributed, shared, downloaded, uploaded, posted, publicly displayed, translated, transmitted, sold, licensed, or otherwise used for any reason whatsoever.
Spell With Sounds owns all legal rights, title, and interest in and to the Site, the User Materials, and the Registered User Materials, including all of the intellectual property rights, whether those rights have been registered or not, wherever in the world those rights exist, excluding the code of any vendor used on the Site (e.g. the recaptcha Enterprise code used on the Site). Our intellectual property also includes the arrangement, design, layout, look, structure, and synthesis of the User Materials and the Registered User Materials.
Subject to the User’s compliance with the Terms, the
Privacy Policy, and any additional terms that are mutually agreed upon, we grant the User a license to the User Materials that is limited, non-exclusive, revocable, non-transferable, non-sublicensable and non-assignable. Stated simply, the license grants the User the right to access, view, and interact with the User Materials from a personal computer. The license does not give the User any ownership of or interest in Spell With Sounds or the intellectual property of Spell With Sounds.
Registered Users are granted a license with additional rights. Subject to the Registered User’s compliance with the Terms, the
Privacy Policy, and any additional terms that are mutually agreed upon, we grant the Registered User a license to the User Materials and the Registered User Materials that is limited, non-exclusive, revocable, non-transferable, non-sublicensable and non-assignable. The license grants the Registered User the right to access, view, and interact with the the User Materials and the Registered User Materials. The license also grants the Registered User the right to use the Registered User Materials, including the right to reproduce and distribute the documents of the type ‘PDF’ of the Registered User Materials, for the purpose of teaching children in whose education the Registered User is involved as a teacher, a family member, or a concerned member of the community and for no other purpose. The license does not give the Registered User any ownership of or interest in Spell With Sounds or the intellectual property of Spell With Sounds.
6. Warranty Disclaimer
THE SITE, THE USER MATERIALS, AND THE Registered User MATERIALS ARE PROVIDED “AS IS” TO THE EXTENT ALLOWED BY APPLICABLE LAW. THE SITE, THE USER MATERIALS, AND THE Registered User MATERIALS ARE PROVIDED WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT MAKE ANY WARRANTIES ABOUT THE CONTENT OF THE SITE, THE USER MATERIALS, OR THE Registered User MATERIALS, INCLUDING THEIR ACCURACY, RELIABILITY, AVAILABILITY, FREEDOM FROM DEFECTS OR VIRUSES, OR ABILITY TO MEET YOUR NEEDS.
7. Limitation of Liability
To the extent permitted by applicable law, Spell With Sounds, its employees, its directors, its partners, and any service providers to the Site will not be liable for (1) any damages resulting from use of the Site, whether consequential, incidental, special, or indirect (2) any cost for the procurement of goods or services represented to be substitutes, or (3) any cost associated with the interruption of use or loss of data.
8. Indemnification
By using the Site or creating an account, you agree to indemnify and hold harmless Spell With Sounds, its employees, its members, and any vendors or service providers to the Site from and against any and all claims, losses, damages, and any expenses resulting from judgments, fines, litigation costs, or other legal fees that may arise from or relate to your unlawful use of the Site, the User Materials or the Registered User Materials, any violation of the Terms, or any violation of the intellectual property rights of Spell With Sounds, its employees, its directors, or any legal person who provides services to the Site.
If any of the Terms should be determined to be invalid or unenforceable, the rest of the Terms will remain unaffected by this determination.