WinWinLabs owns and operate this service. This document governs your relationship with WinWinLabs. Access to and use of WinWinLabs and the products and services available through WinWinLabs (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms of Service"). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
Access to WinWinLabs is a privilege not a right, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason the Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts or all Services.
You must not misuse the WinWinLabs services. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; attempt to affect the performance or functionality of any computer facilities of or accessed through these services, including cheating when applicable. Breaching this provision would constitute a criminal offense and WinWinLabs will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of WinWinLabs’s services or to your downloading of any material posted on it, or on any website linked to it.
User Content includes but is not limited to, any text, images, photos, audio, video, location data, ratings, reviews, compilations, messages or other information that is publicly displayed by you. WinWinLabs asks users who submit User Content to affirm that any information in the content is accurate, but WinWinLabs does not verify the accuracy of the information submitted by users.
By submitting User Content to any WinWinLabs Sites, you represent and warrant that:
- You are the sole author and owner of any intellectual property protected User Content you submit;
- You are solely responsible for any contributions, comments or postings you submit, including any feedback or questions;
- You are at least 16 years old;
- Your use of the User Content does not violate this Agreement and will not cause injury to any person or entity;
- You have not been offered, have not accepted, and are not entitled to receive any compensation in any form and from any party in connection with submitted User Content; and
- You will indemnify, defend and hold harmless WinWinLabs, its officers, directors, employees, agents and users from any third party claim(s) and any damages, losses or injuries resulting from the display of your User Content.
You further agree and warrant that you will not:
- Submit any User Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable;
- Submit any User Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;
- Submit any User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- Submit any User Content that is false or misleading;
- Cheat the system
- Use the Sites for sales and marketing purposes, unless expressly permitted;
- Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Invade another’s privacy in any way, including posting another’s personal details without their prior permission;
- Manipulate identifiers in order to disguise the origin of any User Content submitted;
- Act in a manner that affects other users’ ability to engage in real time exchanges;
- Intentionally or unintentionally violate any applicable local, state, provincial, national or international law.
You acknowledge that WinWinLabs and its services have the right in their sole discretion, to remove, refuse, move, edit or delete any User Content submitted, regardless of whether such content violates this Agreement.
Any submission to the Sites will be deemed and remain the property of WinWinLabs. By submitting User Content to the Sites you hereby grant WinWinLabs a royalty-free, perpetual, irrevocable, world-wide license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display the User Content in any media or medium, form, format or forum.
Intellectual Property, Software and Content
The intellectual property rights in all software and content uploaded by you or made available to you on or through WinWinLabs’s services remains the property of WinWinLabs or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by WinWinLabs and its licensors. You may store, print and display the content supplied solely for your own personal use and for use on WinWinLabs’s services. Once uploaded you are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on our services, nor may you use any such content in connection with any business or commercial enterprise.
Terms of Sale
By placing an order for a product or service you are offering to purchase a product subject to the following terms and conditions. All orders are subject to availability, confirmation of the order price, and an account in good standing.Delivery and service times may vary according to availability and subject to any delays resulting from postal delays, server outages, or force majeure for which we will not be responsible.
In order to spend or earn money using any of WinWinLabs’s services you must be at least 16 years of age with parental or guardian approval if under 18. You must also have a valid bank account or PayPal or credit card. WinWinLabs retains the right to refuse any request made by you. Where a contract is made with a third party WinWinLabs is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the acount used to place your order and that there are sufficient funds to cover the costs. The cost of foreign products and services will fluctuate. All prices advertised are subject to such changes.
- (a) Our Contract
When you place an order it is a binding agreement, for which you will receive an acknowledgement and will remain in your transaction archive.
- (b) Pricing and Availability
While we try to ensure that all details, descriptions and prices which appear within WinWinLabs are accurate, errors may occur. If we discover an error we will inform you of this as soon as possible and explain your options.
- (c) Payment
Upon receiving your order we utilize 3rd party ecommerce solutions to finalize the transactions.
Disclaimer of Liability
The material displayed on WinWinLabs and any sponsored sites are provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law WinWinLabs and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of WinWinLabs or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect WinWinLabs's liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. We reserve the right to withdraw linking permission without notice.
Disclaimer as to ownership of trademarks, images of personalities and third party copyright
Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with WinWinLabs and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on WinWinLabs are owned by the respective trademark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to WinWinLabs unless expressly granted.
You agree to indemnify, defend and hold harmless WinWinLabs, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of WinWinLabs or sponsored sites or your breach of the Terms of Service.
WinWinLabs shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this website or any others it manages.
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and WinWinLabs and related projects. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of WinWinLabs.