Introduction
These Terms and Conditions (“Terms”) govern the access or use by you, an individual, from within the United States and its territories and possessions of the content, products, and services made available in the United States and its territories and possessions on the Wincci® Watch website (the “Site”) and its associated Wincci mobile application (the “App”) (together, the Site and App are referred to as the “Services”).
Please read these Terms carefully before accessing or using the Services. By accessing or using any part of the Services, you agree to become bound by these Terms. If you do not agree to all the Terms, then you may not access or use the Services. If these Terms are considered an offer by Wincci, acceptance is expressly limited to these Terms.
In addition to these Terms, we have established a Privacy Policy to explain how we collect, use, and share information about you. A copy of the Privacy Policy is available on the Site. You understand that by using the Services you consent to the collection, use, and sharing of your information as set forth in our Privacy Policy, as well as these Terms.
Use of the Services
You agree to use the Services only for purposes permitted by these Terms and any applicable laws, regulations, and policies.
Eligibility
To access or use the Services, you must be 18 years or older and reside in the United States or any of its territories or possessions. By accessing or using the Services you represent and warrant that:
- You are 18 years or older
- Your access and use of the Services will comply with these Terms and all applicable laws, rules and regulations.
- You will not access or use the Services if you are prohibited from accessing or using the Services under applicable law.
Access and Use
Subject to your compliance with these Terms, Wincci grants you a limited, personal, non-exclusive, non-transferable, and revocable license to access and use the Services solely in connection with your use of the Services as permitted herein.
Restrictions on Use
You agree you will not:
- Provide false or misleading information to Wincci
- Use or attempt to use another user’s account without authorization
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity
- Violate the intellectual property rights of Wincci or others
- Engage in any harassing, threatening, intimidating, predatory or stalking conduct
- Use or attempt to use any engine, software, tool, agent or other device or mechanism (including browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Services
- Attempt to decipher, decompile, disassemble or reverse engineer any software or other products or processes accessible through the Services
- Post advertisements or solicitations of business
- Engage in spamming or flooding
- Transmit any chain letters, viruses, trojan horses, worms, time bombs, cancelbots or any other harmful or deleterious codes, components or devices
- Violate any applicable laws, rules or regulations or these Terms
- Modify, adapt, translate or create derivative works based upon any content appearing on or provided through the Services
- Remove any copyright, trademark or other proprietary rights notices contained in or on the Services
Wincci reserves the right to terminate your access to and use of the Services, at its sole discretion, at any time and without notice to you. Wincci reserves the right to refuse access to use of the Services to anyone for any reason at any time.
Availability of Services and Content
Wincci reserves the right to change content or other materials appearing on the Services at any time without notice, including descriptions of products, pricing, links, and photographs. Prices displayed on the Services may vary by region, locality or for other reasons. Certain weights, measures and similar descriptions are approximate. The inclusion of products on the Services at a particular time does not imply that these products will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws in regard to the shipment, importation, possession, use and sale of any item purchased from this Site.
Wincci also reserves the right to suspend or discontinue any or all parts of the Services, with or without notice, at any time and shall have no liability whatsoever on account of any change, suspension or discontinuance. Wincci cannot guarantee the Services will be available at all times and we may from time to time experience technical difficulties.
Purchases
If you wish to purchase products or services on the Services, you will be asked to supply certain information including credit card information. You represent and warrant you have the legal right to use any credit card(s) used in connection with any transaction. By submitting such information, you grant Wincci the right to provide such information to third parties for purposes of verifying the information against third party databases, securing payment and facilitating the transaction. Verification of information may involve the use of third party services.
All descriptions of products and services are subject to change at any time without notice, at Wincci’s sole discretion. Wincci reserves the right to discontinue any product or service at any time. Any offer of products or services made on the Services is void where prohibited by law.
Wincci does not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Services will be corrected.
Modification and Termination
Wincci reserves the right, in its sole discretion, to modify these Terms, in whole or part, at any time. Any such change will be effective immediately upon posting on the Site. Your continued use of the Services following the posting of any changes constitutes your acceptance of the changes.
Wincci may terminate your right to use all or part of the Services, without notice, in the event you violate or breach these Terms. Upon any such termination, you must immediately cease accessing or using the Services and agree not to access any content or Services again. The provisions of these Terms concerning protection of intellectual property rights, disclaimer of warranties, limitation of liability, choice of law and venue and any other provisions that by their nature should survive, shall survive the expiration or earlier termination of these terms.
Intellectual Property Rights
The Services and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of Wincci and its licensors. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.
The Wincci name and logo are trademarks of Wincci and may not be copied, imitated or used, in whole or in part, without the prior written permission of Wincci. In addition, all custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of Wincci. Reference to any products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Wincci.
User Content
Some features of the Services may allow you to upload content to your account, including messages, reviews, photos, video, images, folders, data, text, and other types of works (“User Content”) and to publish User Content on the Services. You retain any copyright and other proprietary rights that you may hold in the User Content that you post to the Services.
By providing User Content to the Services, you grant Wincci a worldwide, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, publicly perform, publicly display, reproduce, modify for the purpose of formatting for display, and distribute your User Content, in whole or in part, on or through the Services.
You represent and warrant you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any User Content you have submitted, posted or displayed on or through the Services. You represent and warrant that such User Content does not contain material subject to copyright, trademark, publicity rights, or other intellectual property rights, unless you have necessary permission or are otherwise legally entitled to post the material and to grant Wincci the license described above, and that the User Content does not violate any laws.
Feedback
We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at [email protected]. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
Disclaimers
Your use of the services is at your sole risk. The services are provided on an “as is” and “as available” basis. Wincci expressly disclaims all warranties of any kind, whether express, implied or statutory, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
Wincci makes no warranty that (i) the services will meet your requirements; (ii) the services will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the services will be accurate or reliable; (iv) the quality of any products, services, information or other material purchased or obtained by you through the services will meet your expectations; or (v) any errors in the technology will be corrected.
Any material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk and you are solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from Wincci or through or from the services shall create any warranty not expressly stated in the terms.
Limitation of Liability
You agree that in no event shall Wincci be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the services; (ii) any conduct or content of any third party on the services, including without limitation, any defamatory, offensive or illegal conduct of other users or third parties; (iii) any content obtained from the services; or (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Indemnification
You agree to defend, indemnify and hold harmless Wincci, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to (i) your violation of these Terms; (ii) your use of the Services, including any use of the Services’s content or services other than as expressly authorized in these Terms; or (iii) your User Content; (iv) your violation of any third party rights, including without limitation any copyright, property, or privacy right. Wincci reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate in asserting any available defenses.
Governing Law and Jurisdiction
These Terms shall be governed by the laws of the State of California without regard to conflict of law principles or the United Nations Convention on the International Sale of Goods. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to these Terms shall be the state or federal courts located in San Francisco County, California, and you hereby consent to the personal jurisdiction of such courts. Any cause of action you may have with respect to your use of the Services must be commenced within one (1) year after the claim or cause of action arises.
Miscellaneous
If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of the remaining provisions. The parties agree to replace such provision with one that is valid and enforceable and that comes closest to expressing the intent of the original provision. You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null. Wincci may freely assign or transfer these Terms without restriction or notice. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. Any notices or other communications permitted or required hereunder will be in writing and given by personal delivery, overnight courier, or by postage prepaid certified mail, return receipt requested, sent to your contact information provided by you. Wincci’s address is 100 Bush St. Suite 1800, San Francisco, CA 94104.