TERMS AND CONDITIONS
Last updated on May 31, 2013
ACCEPTANCE OF TERMS
INTELLECTUAL PROPERTY; LIMITED LICENSE TO USERS; TRADEMARK INFORMATION
We offer the Site, the Services and the Materials only to those who may lawfully enter into and form contracts under applicable law. You agree to comply with all applicable law, statutes and regulations regarding use of the Site. You may access and view the content on the Site on your computer or other Internet compatible device, and make single copies or prints of the content on the Site for your internal use only. The Site, and the Services and the Materials offered on or through the Site, including any content, software, code, data and materials thereon, are only for your own internal use.
You agree not to copy, republish, frame, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Site, Services or Materials or any portions of the Site, Services or Materials or the selection and arrangement of the Site, Services or Materials, except as expressly authorized herein or in any separate agreement with respect to your purchase of the Software. In addition, you agree not to use any data mining, robots or similar data gathering and extraction methods in connection with the Site, Services or Materials.
The trademarks, logos and service marks (“Marks”) displayed on this Site are the property of United Wind or other third parties. You are not permitted to use the Marks without the prior written consent of United Wind or such third party that may own the Marks.
USE OF SITE AND SERVICES
You shall pay all costs and charges, including telecommunications equipment costs, that you incur in order to access or use the Site, Services and Materials. You must adhere to all limitations on dissemination, usage and reproduction, of any Materials that you access from the Site that are subject to such limitations. You agree to use the Services only to access, download, utilize, post, send or receive Materials in an appropriate manner as related to the particular Materials or Services being accessed or used by you. As some examples of improper activities when accessing or using the Site, Services or Materials, you agree that you shall not:
• Collect, harvest, mine or engage in any other activity to obtain e-mail addresses, phone numbers, personal information or any other information about others;
• Use or attempt to gain access to or use another’s account, password, Service, Materials or computer systems or networks connected to any United Wind server or to the Site without authorization from United Wind, whether through hacking, password mining or any other means;
• Remove or falsely add to any uploaded Materials any copyright, trademark or other legal or proprietary rights notices, author attributions or other information such as origin or source of the Material;
• Access or attempt to access any Materials that you are not authorized to access or Materials through any means not intentionally made available through the Site or Services;
• Make available any files containing Materials where you do not own or control, or have not received the necessary licenses to, all Intellectual Property Rights, rights of privacy and publicity and all other rights in and to such Materials;
• Use any Materials in any manner that infringes any Intellectual Property Rights or other rights of any party;
• Disrupt or interfere with the security of, or otherwise cause harm to, the Site or any Services, Materials, systems resources, accounts, passwords, servers or networks connected to or accessible through the Site or any affiliated or linked sites;
• Transmit unsolicited or bulk communications to any United Wind account holder or to any wind-products.com or affiliated e-mail address;
• Post or otherwise submit any software, programs or files that are harmful or disruptive of another’s equipment, software or other property, including any corrupted files, time bombs, Trojan horses, viruses and worms; • Create a false identity for the purpose of misleading others;
• Disrupt, interfere or inhibit any other user from using and enjoying the Site or other affiliated or linked sites, Services or Materials;
• Breach any guidelines or rules applicable to a particular Service or Materials;
• Access or use the Site in any manner that could damage, disable, overburden or impair any United Wind server or the network(s) connected to any United Wind server;
• Post or otherwise submit any topic, name, material or information that is child pornography, defamatory, excessively violent, harassing, inappropriate, indecent, lascivious, lewd, obscene, profane, racist, unlawful or otherwise objectionable;
• Prepare, compile, use, download or otherwise copy any Site user directory or other user or usage information or any portion thereof or transmit, provide or otherwise distribute (whether or not for a fee) such directory or information to any third party; and
• Violate the rights of United Wind or any third party (including rights of privacy and publicity).
Certain Services and Materials will only be made available to users who have paid United Wind a fee for such Services and Materials. Such users may additionally be required to enter into a participation agreement or other use agreement for that particular Service or Material.
United Wind, in its sole discretion, may (but has no obligation to) monitor or review the Services and Materials at any time. United Wind may at any time without notice and in its sole discretion: (a) terminate a Service, access to or use of any Materials or an area of the Site where Materials are posted or submitted; and (b) disclose any information related to your use of a Service or Material, as United Wind deems necessary to comply with applicable law, regulation, legal process or governmental request.
If you are required to establish an account in connection with a particular Service or Material, including, without limitation, access to the Software, you must complete the designated registration process for such Service or Material. All required registration information that you provide must be current, complete and accurate and kept up to date on a prompt, timely basis. If required, you must also choose a user name and password for such account. It is your sole responsibility to keep your account number, user name, password and other sensitive information confidential. Passwords, account numbers and user names may not be shared. If you become aware of any unauthorized use of your account or any other breach of security, you shall notify United Wind immediately. If any Services or Materials provide password-restricted access to your sensitive information, then by accessing or using this Site and setting up a password-restricted account for such Services or Materials, you consent to United Wind’ display of such information via such Services or Materials and accept all risks of unauthorized access to such information.
USE OF SOFTWARE
USE OF MATERIALS
Except as indicated to the contrary elsewhere on this Site, you may view, download and print the Materials available on this Site subject to the following conditions:
• The Materials may be accessed and used solely for personal, informational, non-commercial and internal purposes and for such additional purposes as may be specified in separate agreements between you and United Wind;
• The Materials may not be modified or altered in any way;
• The Materials on the Site may not be distributed or sold, rented, leased, licensed or otherwise made available to others;
• You may not remove any copyright or other proprietary notices contained in the Materials;
• You may not copy or distribute any graphics in the Materials apart from their accompanying text;
• You will not quote or display Materials, or any portions thereof, out of context;
• United Wind reserves the right to revoke the authorization to view, download and print the Materials available via this Site at any time and any such use shall be discontinued immediately upon notice from United Wind;
• The rights granted to you constitute a license and not a transfer of title;
• Materials comprised of Software are subject to the additional provisions governing Software set forth herein;
• Any Materials made available only upon payment of a fee or execution of a separate agreement may only be viewed, downloaded and printed subject to your payment of such fee or execution of such separate agreement; and
Use of the Materials for any other purpose is expressly prohibited and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
The rights specified above to view, download and print the Materials available on this Site are not applicable to the design, layout or look and feel of this Site. Such elements of the Site are protected by law, including trade dress, trademark, unfair competition and other laws, and may not be copied or imitated in whole or in part. No Mark, graphic, sound or image from the Site may be copied or retransmitted unless expressly permitted by United Wind.
UNITED WIND’ RIGHTS TO SUBMITTED USER MATERIALS
For all of your User Materials that you post or otherwise submit to the Site, including feedback, bug reports, piracy reports or suggestions, you grant United Wind and the users of this Site an unrestricted, irrevocable, non-exclusive, worldwide, royalty-free and fully paid up license under all Intellectual Property Rights to use, reproduce, publicly display, publicly perform, copy, edit, modify, translate, reformat, transmit and distribute such User Materials, with or without having your name attached to such images, in any manner or form and for any purpose, with full rights to sublicense such rights through multiple tiers of distribution, and you also acknowledge and agree that United Wind is free to use any ideas, concepts, know-how or techniques that you provide for any purpose without any compensation to you. You acknowledge and agree that United Wind shall not be liable for any failure to store User Materials on the Site at any time.
RESTRICTION AND TERMINATION OF USE
LINKING TO THE SITE
You agree that if you include a link from any other web site to this Site, such link shall: (i) not contain any logos, but rather should merely read “United Wind Web Site” or “United Wind” in plain text, (ii) open in a new browser window; and (iii) link to the full version of an HTML formatted page of this Site. You are not permitted to link directly to any image hosted on the Site, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another web site. You agree not to download or use images hosted on this Site on another web site, for any purpose, including, without limitation, posting such images on another site. You agree not to link from any other web site to this Site in any manner such that the Site, or any page of the Site, is “framed,” surrounded or obfuscated by any third party content, materials or branding. We reserve all of our rights under the law to insist that any link to the Site be discontinued, and to revoke your right to link to the Site from any other web site at any time upon written notice to you.
LINKS TO THIRD PARTY SITES
The Site, Services or Materials may include links that will take you to other sites outside of the Site (“Linked Sites”). The Linked Sites are provided by United Wind to you as a convenience and the inclusion of the links do not imply any endorsement by United Wind of any Linked Site. United Wind has no control of the Linked Sites and you therefore acknowledge and agree that United Wind is not responsible for the contents of any Linked Site, any link contained in a Linked Site or any changes or updates to a Linked Site. You further acknowledge and agree that United Wind is not responsible for any form of transmission (e.g. webcasting) received from any Linked Site.
ORDERS FOR PRODUCTS AND SERVICES
We may make certain Services or Materials available for purchase through the Site to visitors and registrants of the Site. You may only order Services or Materials if you are 18 years old or older. You agree to pay in full the prices for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to United Wind. You agree to pay all applicable taxes. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us. Certain Services or Materials that you purchase and/or download on or through the Site may be subject to additional terms and conditions presented to you at the time of such purchase or download.
THIS SITE, SERVICES AND MATERIALS MAY INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. UNITED WIND MAY MAKE CHANGES TO THE SITE, SERVICES AND MATERIALS, AT ANY TIME IN ITS SOLE DISCRETION AND WITHOUT NOTICE. THE SITE, SERVICES AND MATERIALS MAY BE OUT OF DATE AND UNITED WIND MAKES NO COMMITMENT TO UPDATE THE SITE, SERVICES AND MATERIALS.
YOU ACKNOWLEDGE AND AGREE THAT: (I) UNITED WIND DOES NOT CONTROL, ENDORSE OR ACCEPT RESPONSIBILITY FOR ANY SERVICES OR MATERIALS OFFERED BY THIRD PARTIES, INCLUDING THIRD-PARTY VENDORS AND THIRD PARTIES ACCESSIBLE THROUGH LINKED SITES; (II) UNITED WIND MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR SERVICES OR MATERIALS; (III) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND (IV) UNITED WIND SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY SERVICES OR MATERIALS OFFERED BY THIRD PARTIES.
UNITED WIND DOES NOT CONTROL OR ENDORSE THE MATERIALS FOUND IN ANY SERVICES AND SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO THE SITE, SERVICES AND ANY ACTIONS RESULTING FROM YOUR USE OF THE SITE AND MATERIALS AND PARTICIPATION IN ANY SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNITED WIND WILL HAVE NO LIABILITY RELATED TO USER MATERIALS ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. UNITED WIND ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER MATERIALS.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS. INTERNATIONAL USERS
This Site can be accessed from countries around the world and may contain references to United Wind products, services and programs that are not available in your country. These references do not imply that United Wind intends to announce such products, services or programs in your country. The Site is controlled, operated and administered by United Wind from its offices within the United States of America. United Wind makes no representation that the Site, Services or Materials are appropriate or available for use at other locations outside the United States, and access to the Site from territories where the Site, Services or Materials are illegal is prohibited. If you access the Site from a location outside the United States, you are responsible for compliance with all local laws.
PERSONAL INFORMATION AND PRIVACY
LIMITATION OF LIABILITY IN NO EVENT SHALL UNITED WIND, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR LOSSES OF ANY KIND OR ANY DAMAGES OR LOSSES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR IF UNITED WIND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH: (1) THE ACCESS OR USE OF OR THE INABILITY TO ACCESS OR USE THE SITE, SERVICES OR MATERIALS; (2) THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR VIA THE SITE, SERVICES OR MATERIALS; (3) ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES; (4) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, USER MATERIALS OR OTHER DATA; (5) ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED; (6) ANY FAILURE TO STORE OR LOSS OF DATA, FILES, MATERIALS OR OTHER CONTENT; (7) ANY SERVICES AVAILABLE THAT ARE DELAYED OR INTERRUPTED; (8) ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE; OR (9) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE ANY LINKED SITE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
NOTIFICATION OF COPYRIGHT INFRINGEMENT
United Wind will, in appropriate circumstances, terminate the accounts of users who infringe the Intellectual Property Rights of others. United Wind will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”). If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Site or on sites linked to from this Site or in connection with the Services or Materials, please provide, pursuant to the DMCA, written notification of claimed copyright infringement to the Designated Agent for this Site (identified below), which must contain the following elements:
• A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;
• A description of the copyrighted work or works that you claim have been infringed and identification of what content in such work(s) is claimed to be infringing and which you request to be removed or access to which is to be disabled;
• A description of where the content that you claim is infringing is located on the United Wind Site;
• Information sufficient to permit United Wind to contact you, such as your physical address, telephone number and e-mail address;
• A statement by you that you have a good faith belief that the use of the content identified in your notice in the manner complained of is not authorized by the copyright owner, its agent or the law;
• A statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf. United Wind’ Designated Agent for notice of claims of copyright infringement can be reached as follows:
By mail: United Wind Inc. 20 Jay St. Brooklyn, NY 11201
By telephone toll-free: (855) 808-WIND (9463)
By e-mail: firstname.lastname@example.org
The Designated Agent should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the Site or on sites linked to from the Site or in connection with the Services or Materials.
UNSOLICITED IDEA SUBMISSION POLICY
Any unsolicited ideas, including ideas for advertising campaigns, promotions, products, technologies, processes, materials, marketing plans or product names, that are sent to United Wind for consideration via this Site shall not be considered or accepted by United Wind, nor deemed confidential or proprietary information (including any original creative artwork, samples, demos or other works presented in connection therewith).
INDEMNITY AND LIABILITY
GOVERNING LAW AND JURISDICTION
This Site (excluding linked sites) is controlled by United Wind its offices within the state of New York, United States of America. By accessing this Site, you agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the State of New York, without regard to the conflicts of laws principles thereof. The jurisdiction and venue for all disputes hereunder shall be New York City. The parties specifically disclaim the U.N. Convention on Contracts for the International Sale of Goods.
United Wind, Inc. 20 Jay St. Suite# 936 Brooklyn, NY 11201