These terms explain the policies that govern your access to and use of the Win Things mobile application, including the actions that we may take, within our sole discretion, for any use that we deem unacceptable.
By accessing or using Win Things, you agree to the terms listed here. These terms may be modified at any time, and if you choose that you do not want to abide by them, you can simply not use this application.
The Win Things application is owned and operated by Win Things LLC. No material from the Win Things application may be copied, republished, reprinted or distributed in any way without the expressed written permission from an authorized Win Things LLC representative. Republication, with or without modification of the materials for any purpose is a violation of our copyright and other proprietary rights and may be subject to civil and/or criminal penalties.
LINKS TO THIRD-PARTY SITES
Win Things contains links to other websites that are maintained by third parties over which it no control. These links are provided for convenience only. Use of these links will take you to third-party websites entirely at your own risk. Win Things LLC makes no representation or warranty concerning any other site or the information, products or services offered or appearing on or through these sites. Win Things LLC does not sponsor or endorse the operators of the sites or the content, products or services they provide, and Win Things LLC is not responsible or liable for the conduct of the sites' operators, the content, availability, accuracy, quality, advertising, products, services or other materials offered at the sites.
The descriptions and any other information that is provided by Win Things about the sweepstakes, contests, products or services offered on third party websites are not necessarily accurate. They are only provided for your convenience.
ILLEGAL OR HARMFUL USE
You may access and use Win Things only for lawful purposes. You are responsible for any transmission you send, receive, post, access, or store using this application, including the content of any communication. Transmitting, distributing, or storing any material that violates any applicable law is prohibited. Additionally, the following non-exhaustive list details the kinds of illegal or harmful conduct that are prohibited:
1 - Infringement: Infringement of intellectual property rights or other proprietary rights including, without limitation, material protected by copyright, trademark, patent, trade secret or other intellectual property right. Infringement may result from the unauthorized copying, distribution and/or posting of pictures, logos, software, articles, musical works, and videos.
2 - Failure to Abide by Third-Party Website Policies: Violating the rules, regulations, or policies that apply to any third-party network, server, computer database, or website that you access.
You may not collect entries, contests, or other contents contained within this application
NETWORK SECURITY AND INTEGRITY
You may not violate the security of Win Things in any way. Such violations may result in criminal or civil liability. Win Things LLC may, but is not obligated to, investigate any violation of this application. Win Things LLC may cooperate with law enforcement where criminal or unauthorized activity is suspected. By sending, receiving, accessing, or storing any electronic transmission within this application, you agree to cooperate in any such investigation. Examples of security violations include, without limitation:
1 - Hacking: Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures.
2 - Interception: Unauthorized monitoring of data or traffic on any network or system.
3 - Intentional Interference: Interference with service to any user, host or network including, without limitation, denial-of-service attacks, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system, and broadcast attacks.
4 - Falsification of Origin or Routing Information: Using, selling, or distributing in conjunction with the Services, any computer program designed to conceal the source or routing information of electronic mail messages in a manner that falsifies an Internet domain, header information, date or time stamp, originating e-mail address, or other identifier.
5 - Avoiding System Restrictions: Using manual or electronic means to avoid any limitations established by Win Things LLC or attempting to gain unauthorized access to, alter, or destroy any information that relates to any Win Things LLC customer or other end-user.
Win Things LLC may, but is not obligated to, take any action it deems necessary to protect its application, its rights or the rights of its users or third parties, or (2) optimize or improve its application, Network, services, systems, and equipment. Win Things LLC may, at any time, filter "spam" or prevent "hacking," "viruses" or other potential harms without regard to any preference you may have communicated to us.
INVESTIGATION AND ENFORCEMENT OF THE POLICY AND AGREEMENT
All users of Win Things must adhere to the terms of this Terms of Service. We have the right, but are not obligated, to strictly enforce this Terms of Service through self-help, active investigation, litigation and prosecution.
We may also access and disclose any information related to the applications usage for any lawful reason, including but not limited to:
1 - responding to emergencies
2 - complying with the law (e.g., a lawful subpoena)
3 - protecting our rights or property and those of our customers
4 - protecting users of those services and other carriers from fraudulent, abusive, or unlawful use of, or subscription to, such services. Indirect or attempted breaches of this Terms of Service, and actual or attempted breaches by a third party on behalf of a company, customer or user, may be considered breaches of this Terms of Service and an agreement by such company, customer or user.
DISCLAIMER OF WARRANTIES AND LIABILITY
YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THE WIN THINGS APPLICATION. ANY CONTENT OR INFORMATION ACCESSED BY OR PROVIDED TO YOU THROUGH THE WIN THINGS APPLICATION IS PROVIDED "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE". Win Things LLC, ITS AGENTS, AND ITS LICENSORS DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY CONTENT OR INFORMATION AVAILABLE THROUGH ITS APPLICATION. YOU ACCESS SUCH CONTENT OR INFORMATION AT YOUR OWN RISK. Win Things LLC DOES NOT GUARANTEE THAT ITS APPLICATION WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE. UNDER NO CIRCUMSTANCES WILL Win Things LLC, ITS AFFILIATES, ITS AGENTS OR ITS LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES THAT ARISE FROM THE USE OF ITS APPLICATION. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND - FOR EXAMPLE, COMPENSATORY, SPECIAL, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES-EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE AGGREGATE LIABILITY OF CONTESTGIRL, ITS AGENTS, AND ITS LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE WIN THINGS APPLICATION WILL NOT EXCEED $50.00. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES OR IMPLIED WARRANTIES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF Win Things LLC, AND ITS AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.
You agree to indemnify, defend and hold harmless Win Things LLC from and against all claims, liabilities, losses, expenses, damages and costs (including reasonable attorneys' fees) that arise from: (1) any violation of this Terms of Service by you; (2) any violation of any rights of a third party by you; (3) any violation of applicable law; (4) information or content that you submit, post, transmit or make available through the Win Things application; or (5) your use of the Win Things application.
MODIFICATION OF THE POLICY AND AGREEMENT
We reserve the right to modify this Terms of Service at any time, effective upon its posting, as modified on the application. You agree to the Terms of Service by accessing or using the Win Things application, products or services, or by sending any electronic transmission using this application.
Any failure to insist upon or enforce performance of any provision in this Terms of Service will not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice will act to modify any provision in this Terms of Service. Win Things LLC may assign its rights and duties under these terms to any party at any time without notice to you. If any provision of this Terms of Service is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these terms and conditions so that it does not affect the validity and enforceability of any remaining provisions.