Terms of Use for WinOut.net

1. Acceptance of terms of use and amendments

Each time you use or cause access to this web site, you agree to be bound by these Terms of use, as amended from time to time with or without notice to you. In addition, if you are using a particular service on this web site or accessed via this web site, you will be subject to any rules or guidelines applicable to those services, and they will be incorporated by reference within these Terms of use. Please read WinOut, LLC (referred to as "WinOut")'s Privacy policy, which is incorporated within these Terms of use by reference.

2. WinOut's service

This web site and the services provided to you on and via this web site are provided on an "AS IS" basis. You agree that WinOut reserves the right to modify or discontinue provision of this web site and its services, and to remove the data you provide, either temporarily or permanently, at any time, without notice and without any liability towards you, WinOut will not be held responsible or liable for timeliness, removal of information, failure to store information, inaccuracy of information, or improper delivery of information.

3. Your responsibilities and registration obligations

In order to use this web site or certain parts of it, you may be required to register for a user account on this web site; in this case, you agree to provide truthful information when requested, and -- if a minimum age is required for eligibility for a user account -- you undertake that you are at least the required age. By registering for a user account, you explicitly agree to this site's Terms of use, including any amendments made by WinOut that are published herein.

4. Privacy policy

Registration data and other personally identifiable information that WinOut may collect is subject to the terms of WinOut's Privacy policy.

5. Registration and password

You are responsible for maintaining the confidentiality of your password, and you will be responsible for all usage of your user account and/or user name, whether authorized or not authorized by you. You agree to immediately notify WinOut of any unauthorized use of your user account, user name or password.

You must be at least thirteen (13) years of age to use this website. WinOut.net reserves the right to refuse service to anyone at any time without notice for any reason.

6. Your conduct

You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials ("content"), made available publicly or privately, will be under the sole responsibility of the person providing the said content, or of the person whose user account is used. You agree that this web site may expose you to content that may be objectionable or offensive. WinOut will not be responsible to you in any way for content displayed on this web site, nor for any error or omission.

By using this web site or any service provided, you explicitly agree that:
(a) you will not provide any content or conduct yourself in any way that may be construed as: unlawful; illegal; threatening; harmful; abusive; harassing; stalking; tortious; defamatory; libelous; vulgar; obscene; offensive; objectionable; pornographic; designed to interfere with or disrupt the operation of this web site or any service provided; infected with a virus or other destructive or deleterious programming routine; giving rise to civil or criminal liability; or in violation of an applicable local, national or international law;
(b) you will not impersonate or misrepresent your association with any person or entity; you will not forge or otherwise seek to conceal or misrepresent the origin of any content provided by you;
(c) you will not collect or harvest any information about other users;
(d) you will not provide, and you will not use this web site to provide, any content or service in any commercial manner, or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising or commerce; you will not use this web site to promote or operate any service or content without WinOut's prior written consent;
(e) you will not provide any content that may give rise to WinOut being held civilly or criminally liable, or that may be considered a violation of any local, national or international law, including -- but not limited to -- laws relating to copyrights, trademarks, patents, or trade secrets.

7. Submission of content on this web site

By providing any content to this web site:
(a) you agree to grant WinOut a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights.) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part. Such license will apply with respect to any form, media, technology already known at the time of provision or developed subsequently;
(b) you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant WinOut the license specified in this section 7;
(c) you acknowledge and agree that WinOut will have the right (but not obligation), at WinOut's entire discretion, to refuse to publish, or to remove, or to block access to any content you provide, at any time and for any reason, with or without notice.

8. Third-party services

Goods and services of third parties may be advertised and/or may be made available on or through this web site. Representations made regarding products and services provided by third parties will be governed by the policies and representations made by these third parties. WinOut will not in any manner be liable for or responsible for any of your dealings or interaction with third parties.

9. Indemnification

You agree to indemnify and hold harmless WinOut and WinOut's representatives, subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders, from any claim or demand, including reasonable legal fees, that may be filed by any third party, arising out of your conduct or connection with this web site or service, your provision of content, your violation of these Terms of use, or any other violation by you of the rights of another person or party.

10. DISCLAIMER OF WARRANTIES

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEB SITE AND OF ANY SERVICES OR CONTENT PROVIDED (THE "SERVICE") IS AT YOUR OWN RISK. SERVICES AND CONTENT ARE PROVIDED TO YOU "AS IS", AND WINOUT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WINOUT MAKES NO WARRANTY, EITHER IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OR OF ANY QUALITY, NOR IS IT WARRANTED EITHER IMPLICITLY OR EXPRESSLY THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER WINOUT NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT ANY ADVICE OR ANY OTHER INFORMATION OBTAINED VIA THIS WEB SITE MAY BE USED SOLELY AT YOUR OWN RISK, AND THAT WINOUT WILL NOT BE HELD LIABLE IN ANY WAY.

Some jurisdictions may not allow disclaimers of implied warranties, and certain statements in the above disclaimer may not apply to you as regards implied warranties; the other terms and conditions remain enforceable notwithstanding.

11. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WINOUT EDITOR WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES; THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WINOUT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (I) THE USE OF SERVICES OR THE INABILITY TO USE SERVICES, (II) THE COST OF OBTAINING SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH SERVICES, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS BY ANY THIRD PARTY OR CONDUCT OF ANY THIRD PARTY USING SERVICES, OR (V) ANY OTHER MATTER RELATING TO SERVICES.

In some jurisdictions, it is not permitted to limit liability and, therefore, such limitations may not apply to you.

12.a. Subscription Terms for Monthly Subscription

Customers purchasing this subscription must agree to the Subscription Terms and Conditions below:

Duration: 1 Month
Billing Frequency: Monthly
Price: $4.95 / month

Be sure to note the duration and billing frequency shown above. Duration refers to the period of time the subscription service is available before it requires a renewal. Billing frequency indicates how often billings will occur during the duration. For example, if the duration is 12 months and the billing frequency is monthly, there will be a charge to your credit card or PayPal account for your order today, followed by a charge every month for the next 11 months. This billing process repeats for each renewal.

By registering as a PRO member, signing up an agreement with PayPal and completing your purchase, you agree that your website subscription will automatically renew for successive renewal terms, and you expressly authorize and permit PayPal Inc. (“PayPal”) to charge your order today and all billings during the duration of your subscription to the credit card or debit card you have provided, and to automatically renew your subscription, until you cancel the automatic renewal and billing of your product subscription or PayPal discontinues the automatic renewal and billing process.

Your right to use the Website Subscription is subject to (i) the terms set forth in the Terms of Use, which you accepted upon website registratio, and (ii) keeping this subscription account fully paid. By keeping this subscription account fully paid, it entitles you to continue the monthly membership as a PRO member.

You have complete control over your product subscription and may cancel your auto-renewal at any time. Your confirmation e-mail will include instructions on how to cancel automatic renewal and billing of your subscription. PayPal will also notify you by email prior to the expiration of your current subscription. If you do nothing, the price stated in that e-mail (plus applicable tax) will be automatically charged to the card you have provided for your order today. You authorize PayPal to use your provided contact and billing information for each renewal, and agree to provide updated payment information for any expired card (you can update your contact and billing information at any time).

Refunds are not provided in connection with your termination of your auto-renewal of your product subscription. After you terminate the auto-renewal of your subscription, your subscription will permanently expire at the end of the then-current duration. There are no partial refunds for any time remaining on the subscription.

WinOut.net reserves the right to modify the subscription terms set forth herein, or terminate this subscription service at any time, upon thirty days notice to you. If you do not agree to the modification of the subscription terms, then you may terminate your subscription starting at your next billing. If you do not agree to these terms and condition, do not register as a PRO member, provide your credit or debit card information, or complete this registration.

12.b. Subscription Terms for 3 Months Subscription

Customers purchasing this subscription must agree to the Subscription Terms and Conditions below:

Duration: 3 Months
Billing Frequency: Quarterly
Price: $4.50 / month OR $13.50 / duration

Be sure to note the duration and billing frequency shown above. Duration refers to the period of time the subscription service is available before it requires a renewal. Billing frequency indicates how often billings will occur during the duration. For example, if the duration is 12 months and the billing frequency is monthly, there will be a charge to your credit card or PayPal account for your order today, followed by a charge every month for the next 11 months. This billing process repeats for each renewal.

By registering as a PRO member, signing up an agreement with PayPal and completing your purchase, you agree that your website subscription will automatically renew for successive renewal terms, and you expressly authorize and permit PayPal Inc. (“PayPal”) to charge your order today and all billings during the duration of your subscription to the credit card or debit card you have provided, and to automatically renew your subscription, until you cancel the automatic renewal and billing of your product subscription or PayPal discontinues the automatic renewal and billing process.

Your right to use the Website Subscription is subject to (i) the terms set forth in the Terms of Use, which you accepted upon website registratio, and (ii) keeping this subscription account fully paid. By keeping this subscription account fully paid, it entitles you to continue the monthly membership as a PRO member.

You have complete control over your product subscription and may cancel your auto-renewal at any time. Your confirmation e-mail will include instructions on how to cancel automatic renewal and billing of your subscription. PayPal will also notify you by email prior to the expiration of your current subscription. If you do nothing, the price stated in that e-mail (plus applicable tax) will be automatically charged to the card you have provided for your order today. You authorize PayPal to use your provided contact and billing information for each renewal, and agree to provide updated payment information for any expired card (you can update your contact and billing information at any time).

Refunds are not provided in connection with your termination of your auto-renewal of your product subscription. After you terminate the auto-renewal of your subscription, your subscription will permanently expire at the end of the then-current duration. There are no partial refunds for any time remaining on the subscription.

WinOut.net reserves the right to modify the subscription terms set forth herein, or terminate this subscription service at any time, upon thirty days notice to you. If you do not agree to the modification of the subscription terms, then you may terminate your subscription starting at your next billing. If you do not agree to these terms and condition, do not register as a PRO member, provide your credit or debit card information, or complete this registration.

12.c. Subscription Terms for 6 Months Subscription

Customers purchasing this subscription must agree to the Subscription Terms and Conditions below:

Duration: 6 Months
Billing Frequency: Semiannually
Price: $3.95 / month OR $23.70 / duration

Be sure to note the duration and billing frequency shown above. Duration refers to the period of time the subscription service is available before it requires a renewal. Billing frequency indicates how often billings will occur during the duration. For example, if the duration is 12 months and the billing frequency is monthly, there will be a charge to your credit card or PayPal account for your order today, followed by a charge every month for the next 11 months. This billing process repeats for each renewal.

By registering as a PRO member, signing up an agreement with PayPal and completing your purchase, you agree that your website subscription will automatically renew for successive renewal terms, and you expressly authorize and permit PayPal Inc. (“PayPal”) to charge your order today and all billings during the duration of your subscription to the credit card or debit card you have provided, and to automatically renew your subscription, until you cancel the automatic renewal and billing of your product subscription or PayPal discontinues the automatic renewal and billing process.

Your right to use the Website Subscription is subject to (i) the terms set forth in the Terms of Use, which you accepted upon website registratio, and (ii) keeping this subscription account fully paid. By keeping this subscription account fully paid, it entitles you to continue the monthly membership as a PRO member.

You have complete control over your product subscription and may cancel your auto-renewal at any time. Your confirmation e-mail will include instructions on how to cancel automatic renewal and billing of your subscription. PayPal will also notify you by email prior to the expiration of your current subscription. If you do nothing, the price stated in that e-mail (plus applicable tax) will be automatically charged to the card you have provided for your order today. You authorize PayPal to use your provided contact and billing information for each renewal, and agree to provide updated payment information for any expired card (you can update your contact and billing information at any time).

Refunds are not provided in connection with your termination of your auto-renewal of your product subscription. After you terminate the auto-renewal of your subscription, your subscription will permanently expire at the end of the then-current duration. There are no partial refunds for any time remaining on the subscription.

WinOut.net reserves the right to modify the subscription terms set forth herein, or terminate this subscription service at any time, upon thirty days notice to you. If you do not agree to the modification of the subscription terms, then you may terminate your subscription starting at your next billing. If you do not agree to these terms and condition, do not register as a PRO member, provide your credit or debit card information, or complete this registration.

13. Reservation of rights

WinOut reserves all of WinOut's rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that WinOut may have in respect of this web site, its content, and goods and services that may be provided. The use of WinOut's rights. and property requires WinOut's prior written consent. By making services available to you, WinOut is not providing you with any implied or express licenses or rights, and you will have no rights to make any commercial use of this web site or provided services without WinOut's prior written consent.

14. Notification of copyright infringement

If you believe that your property has been used in any way that could be considered a copyright infringement or a violation of your intellectual property rights, WinOut's copyright agent may be contacted via:

E-mail: support@WinOut.net

WinOut, LLC
875 Avenue of the Americas Suite 501
New York, NY 10001

15. Applicable law

You agree that these Terms of use and any dispute arising out of your use of this web site or products or services provided will be governed by and construed in accordance with local laws applicable at WinOut's domicile, notwithstanding any differences between the said applicable legislation and legislation in force at your location. By registering for a user account on this web site, or by using this web site and the services it provides, you accept that jurisdiction is granted to the courts having jurisdiction over WinOut's domicile, and that any disputes will be heard by the said courts.

16. Miscellaneous information

(i) In the event that any provision of these Terms of use is deemed to conflict with legislation by a court with jurisdiction over the parties, the said provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of use will remain valid and applicable; (ii) The failure of either party to assert any right under these Terms of use will not be considered to be a waiver of that party's right, and the said right will remain in full force and effect; (iii) You agree that any claim or cause in respect of this web site or its services must be filed within one (1) year after such claim or cause arose, or the said claim or cause will be forever barred, without regard to any contrary legislation; (iv) WinOut may assign WinOut's rights and obligations under these Terms of use; in this event, WinOut will be relieved of any further obligation.

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