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Wincreek Terms and Conditions
- Introduction
These terms and conditions govern your
use of our website; by using our
website, you accept these terms and
conditions in full. If you disagree with
these terms and conditions or any part
of these terms and conditions, you must
not use our website.
- License to use website
Unless otherwise stated, we or our
licensors own the intellectual property
rights in the website and material on
the website. Subject to the licence
below, all these intellectual property
rights are reserved.
You may view, download for caching
purposes only, and print pages from the
website for your own personal use,
subject to the restrictions set out
below and elsewhere in these terms and
conditions.
You must not:
(a) Republish material from this website
(including republication on another
website);
(b) Sell, rent or sub-license material
from the website;
(c) Show any material from the website
in public;
(d) Reproduce, duplicate, copy or
otherwise exploit material on our
website for a commercial purpose;
(e) Edit or otherwise modify any
material on the website; or
(f) Redistribute material from this
website [except for content specifically
and expressly made available for
redistribution (such as our newsletter).
- Acceptable use
You must not use our website in any way
that causes, or may cause, damage to the
website or impairment of the
availability or accessibility of the
website; or in any way which is
unlawful, illegal, fraudulent or
harmful, or in connection with any
unlawful, illegal, fraudulent or harmful
purpose or activity.
You must not use our website to copy,
store, host, transmit, send, use,
publish or distribute any material which
consists of (or is linked to) any
spyware, computer virus, Trojan horse,
worm, keystroke logger, rootkit or other
malicious computer software.
You must not conduct any systematic or
automated data collection activities
(including without limitation scraping,
data mining, data extraction and data
harvesting) on or in relation to our
website without our express written
consent.
You must not use our website to transmit
or send unsolicited commercial
communications.
You must not use our website for any
purposes related to marketing without
our express written consent.
- Restricted access
Access to certain areas of our website
is restricted. We reserve the right to
restrict access to [other] areas of our
website, or indeed our whole website, at
our discretion.
If we provide you with a user ID and
password to enable you to access
restricted areas of our website or other
content or services, you must ensure
that that user ID and password is kept
confidential.
We may disable your user ID and password
in our sole discretion without notice or
explanation.
- User generated content
In these terms and conditions, “your
user content” means material (including
without limitation text, images, audio
material, video material and
audio-visual material) that you submit
to our website, for whatever purpose.
You grant to us a worldwide,
irrevocable, non-exclusive, royalty-free
licence to use, reproduce, adapt,
publish, translate and distribute your
user content in any existing or future
media. You also grant to us the right to
sub-license these rights, and the right
to bring an action for infringement of
these rights.
Your user content must not be illegal or
unlawful, must not infringe any third
party's legal rights, and must not be
capable of giving rise to legal action
whether against you or us or a third
party (in each case under any applicable
law).
You must not submit any user content to
the website that is or has ever been the
subject of any threatened or actual
legal proceedings or other similar
complaint.
We reserve the right to edit or remove
any material submitted to our website,
or stored on our servers, or hosted or
published upon our website.
- Limited warranties
While we endeavor to ensure that the
information on this website is correct,
we do not warrant its completeness or
accuracy; nor do we commit to ensuring
that the website remains available or
that the material on the website is kept
up-to-date.
To the maximum extent permitted by
applicable law we exclude all
representations, warranties and
conditions relating to this website and
the use of this website (including,
without limitation, any warranties
implied by law of satisfactory quality,
fitness for purpose and/or the use of
reasonable care and skill).
- Limitations of liability
Nothing in these terms and conditions
(or elsewhere on our website) will
exclude or limit our liability for
fraud, for death or personal injury
caused by our negligence, or for any
other liability which cannot be excluded
or limited under applicable law.
Subject to this, our liability to you in
relation to the use of our website or
under or in connection with these terms
and conditions, whether in contract,
tort (including negligence) or
otherwise, will be limited as follows:
(a) To the extent that the website and
the information and services on the
website are provided free-of-charge, we
will not be liable for any loss or
damage of any nature;
(b) We will not be liable for any
consequential, indirect or special loss
or damage;
(c) We will not be liable for any loss
of profit, income, revenue, anticipated
savings, contracts, business, goodwill,
reputation, data, or information;
(d) We will not be liable for any loss
or damage arising out of any event or
events beyond our reasonable control;
- Indemnity
You hereby indemnify us and undertake to
keep us indemnified against any losses,
damages, costs, liabilities and expenses
(including without limitation legal
expenses and any amounts paid by us to a
third party in settlement of a claim or
dispute on the advice of our legal
advisers) incurred or suffered by us
arising out of any breach by you of any
provision of these terms and conditions,
or arising out of any claim that you
have breached any provision of these
terms and conditions.
- Breaches of these terms and
conditions
Without prejudice to our other rights
under these terms and conditions, if you
breach these terms and conditions in any
way, we may take such action as we deem
appropriate to deal with the breach,
including suspending your access to the
website, prohibiting you from accessing
the website, blocking computers using
your IP address from accessing the
website, contacting your internet
service provider to request that they
block your access to the website and/or
bringing court proceedings against you.
- Variation
We may revise these terms and conditions
from time-to-time. Revised terms and
conditions will apply to the use of our
website from the date of the publication
of the revised terms and conditions on
our website. Please check this page
regularly to ensure you are familiar
with the current version.
- Assignment
We may transfer, sub-contract or
otherwise deal with our rights and/or
obligations under these terms and
conditions without notifying you or
obtaining your consent.
You may not transfer, sub-contract or
otherwise deal with your rights and/or
obligations under these terms and
conditions.
- Severability
If a provision of these terms and
conditions is determined by any court or
other competent authority to be unlawful
and/or unenforceable, the other
provisions will continue in effect. If
any unlawful and/or unenforceable
provision would be lawful or enforceable
if part of it were deleted, that part
will be deemed to be deleted, and the
rest of the provision will continue in
effect.
- Exclusion of third party rights
These terms and conditions are for the
benefit of you and us, and are not
intended to benefit any third party or
be enforceable by any third party. The
exercise of our and your rights in
relation to these terms and conditions
is not subject to the consent of any
third party.
- Entire agreement
These terms and conditions, together
with our privacy policy, constitute the
entire agreement between you and us in
relation to your use of our website, and
supersede all previous agreements in
respect of your use of this website.
- Our details
The full name of our company is WINCREEK.
[We are registered in the USA under
registration number [NUMBER].]
Our [registered] address is 1340 Old
Chain Bridge Road, Suite 200, McLean, VA
22101.
You can contact us by email to
CONTACT@WINCREEK.COM.
These terms and conditions are courtesy
of
Website Contracts and
Website Law
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