TERMS AND CONDITIONS
Last update: January 31, 2022
The Site is only for people above the age of 18. Individuals under the age of 18 are not permitted to use or register on the Site.
2. INTELLECTUAL PROPERTY RIGHTS
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
3. USER REPRESENTATIONS
By using the Site, you represent and warrant that:
- all registration information you submit will be true, accurate, current, and complete;
- you will maintain the accuracy of such information and promptly update such registration information as necessary;
- you are not a minor in the jurisdiction in which you reside; and
- you will not access the Site using automated or non-human means;
- you will not use the Site for any unlawful or unauthorized purpose; and
- you will not break any relevant law or regulation by using the Site.
We reserve the right to suspend or terminate your account and reject any and all current or future use of the Site if you submit any information that is false, inaccurate, not current, or incomplete (or any portion thereof).
4. USER REGISTRATION
For better experience you should register at the Site. You agree to keep your password private and are solely responsible for any activities that occur under your account and password. If your account is improper, vulgar, or otherwise objectionable, we retain the right to delete, reclaim, or replace it.
5. PROHIBITED ACTIVITIES
You may not access or use the Site for any other purpose than the one for which we provide it. The Site may only be used in conjunction with commercial ventures that we have officially supported or approved.
You agree not to:
- Consistently obtain data or other content from the Site to establish or compile, directly or indirectly, a collection, compilation, database or directory without our explicit authorization.
- Cheat, deceive, or mislead us or other users, especially if it involves discovering critical account information, such as passwords.
- Circumvent, disable or otherwise interfere with the Site’s security mechanisms, such as those that prevent or restrict the use or copying of any Content or impose restrictions on the use of the Site and/or the Content contained therein:
- Disparage, tarnish or damage, in our opinion, us and/or the Site.
- Use any information obtained from the Site for the purpose of harassing, abusing or harming another person.
- Misuse our support services or file false reports of abuse or misconduct.
- Use the Site in a manner inconsistent with any applicable law or regulation.
- Engage in unauthorized framing of or linking to the Site.
- Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses or other material, including excessive use of all capital letters and spam (continuous posting of repetitive text), that interferes with anyone’s uninterrupted use and enjoyment of the Site or that modifies, impairs, disrupts, interrupts, alters or interferes with the use, features, functions, operation or maintenance of the Site.
- Engage in any automated use of the system, such as the use of scripts to post comments or messages, or the use of any data mining, robots or similar data gathering and extraction tools.
- Remove copyright or other proprietary rights notices from any Content.
- Attempt to impersonate another user or person or use another user’s username.
- Upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active information gathering or transmission mechanism, including, without limitation, clear graphics interchange formats (“gifs”), lx1 pixels, web bugs, cookies or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
- Interfere with, disrupt or create an undue burden on the Site or networks or services connected to the Site.
- Harass, annoy, intimidate or threaten any of our employees or agents charged with providing any part of the Site to you.
- Attempt to circumvent any Site measures designed to prevent or restrict access to the Site, or any portion of the Site.
- Except as permitted by applicable law, decipher, decompile, disassemble or reverse engineer any of the software comprising or otherwise forming part of the Site.
- Except as a result of using a standard search engine or Internet browser, use, launch, develop or distribute any automated system, including, without limitation, any spider, robot, spoofing utility, scraper or offline reader that accesses the Site, or use or launch any unauthorized script or other software.
- Use a purchasing agent or buyer to make purchases on the Site.
Make any unauthorized use of the Site, including collecting usernames and/or e-mail addresses of users by electronic or other means for the purpose of sending unsolicited e-mail, or creating user accounts by automated means or under false pretenses. Use the Site as part of any effort to compete with us or use the Site and/or the Content for any revenue generating effort or commercial enterprise. Use the Site to advertise or offer to sell goods or services. Sell or otherwise transfer your profile.
6. USER GENERATED CONTRIBUTIONS
This site may invite you to chat, contribute to, or participate in blog, message boards, or online forums, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions“). Contributions may be viewed by other Site users and through third-party websites. As a result, any Contributions you send may be considered as non-confidential and non-proprietary.
When you create or make available any Contributions, you thereby represent and warrant that:
- The creation, distribution, transmission, public display or performance, accessing, downloading or copying of your Contributions does not and will not infringe the proprietary rights, including but not limited to copyrights, patents, trademarks, trade secrets or moral rights of any third party.
- Your Contributions are not false, inaccurate or misleading.
- Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings or other forms of solicitation.
- Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, defamatory, libelous, slanderous or otherwise objectionable (as determined by us).
- Your Contributions do not ridicule, mock, belittle, bully, or abuse anyone. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person or to promote violence against any specific person or class of persons.
- Your Contributions do not violate any applicable law, regulation or rule.
- Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not violate any applicable law relating to child pornography, or intended to protect the health or welfare of minors.
- Your Contributions do not include any offensive comments related to race, national origin, gender, sexual preference or physical disability.
By posting your Contributions on the Site or making the Contributions accessible to the Site by linking your account from the Site to any of your social media accounts, you automatically grant, and represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, broadcast, re-title, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part) and distribute such Contributions (including, without limitation, image and voice) for any purpose, commercial, advertising or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and to grant and authorize sublicenses of the foregoing.
Use and dissemination can take any shape and take place across any medium. This license covers our use of your name, business name, and franchise name, as well as any trademarks, service marks, trade names, logos, and personal and trade dress given by you, in any form, media, or technology now known or subsequently developed. In your Contributions, you relinquish any moral rights and warrant that no such moral rights have been asserted. We make no claim to ownership of your Contributions. All of your Contributions, as well as any intellectual property or other proprietary rights associated with them, are solely your property. We are not liable for any claims or representations made by you in any part of the Site in your Contributions.
You are entirely responsible for your Contributions to the Site, and you expressly undertake to keep us harmless and not to sue us in connection with your Contributions and exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right solely and absolute discretion,
- to edit, redact, or otherwise change any Contributions;
- to re-categorize any Contributions to place them in more appropriate locations on the Site; and
- to pre-screen or delete any Contributions at any time and for any reason, without notice.
We have no obligation to monitor your Contributions.
8. GUIDELINES FOR REVIEWS
We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria:
- you should have firsthand experience with the person/entity being reviewed;
- your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language;
- your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability;
- your reviews should not contain references to illegal activity;
- you should not be affiliated with competitors if posting negative reviews;
- you should not make any conclusions as to the legality of conduct;
- you may not post any false or misleading statements; and
- you may not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject or remove reviews at our sole discretion. We are under no obligation to review reviews or remove them, even if someone finds them objectionable or inaccurate. Opinions are not endorsed by us and do not necessarily represent our opinions or those of any of our affiliates or partners. We assume no responsibility for any review or for any claim, liability or loss resulting from any review. By posting a review, you grant us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform and/or distribute all content related to the reviews.
These last “boilerplate” criteria should be self-evident, but we provide them for clarity.
If any element of this agreement is ineffective (for example, because it is unlawful), the rest of the agreement should be read without it.
This agreement is between you and us and is not intended to provide any rights to anyone else.
We may fail to pursue our rights under this agreement from time to time (for example, because we choose not to or because we have not noticed that you have breached the agreement). Our inability to pursue any of our rights does not preclude us from doing so in the future.
Neither party is accountable for anything outside its reasonable control.
If we are unable or it is not financially viable for us to continue to offer any of our services for any cause outside WindycoTees’s reasonable control, we may discontinue supply that service, terminating any agreement between us for its delivery. If we do this, we will reimburse you a reasonable percentage of any advance payment you made to us for the supply of that service, taking into account the service we have previously given to you.