These Terms and Conditions constitute the terms governing the use of the services provided by WingMate Tags (“Services” and “WingMate” or “we” or “us” respectively) on www.WingMateTags.com (the “Website” or “Site“).>
Accessing, browsing, using or subscribing to the Website subject you and you do hereby acknowledge that, you have read, understood and agreed to be bound by the Terms and Conditions herein, as well as by the Security and Privacy Policies of WingMate, all of which apply to all Users and visitors. If you do not agree to these terms, then you have no right to access or use the Site.
WingMate is the provider of WingMate Tags.
BY USING WINGMATE TAGS WEBSITE OR SERVICES YOU AGREE THAT YOU DO SO AT YOUR FREE WILL AND AT YOUR OWN RISK.
- WingMate neither guarantee nor makes any express or implied warranties with respect to the return of any lost registered item or the condition of any registered item lost that is returned to you.
- WingMate shall have no liability for any costs, expenses and/or damages that you may sustain or incur as a result of the delivery or non-delivery of any lost registered item.
- WingMate hereby disclaims and shall not be liable for any registered item lost obtained through fraud, deceit or other means, through use of this site, by a person falsely claiming to have lost such registered item.
- Content and Use of the Website:
- You acknowledge and agree that the Website, services offered thereon and any and all information they provide contain proprietary and confidential information. You undertake not to copy, disclose, or use in any manner information provided by or through the Website or services offered thereon, except for the purposes for which they were disclosed.
- You will not use access to the Website to copy, download, distribute or otherwise post any content which violates or infringes the rights of any persons, including but not limited to, rights in copyrights, patents, trademarks, trade secrets and other proprietary rights and you will immediately notify us of any policy violations of the Website or the services of which you become aware. The Website, the Services and the content therein including without limitation the trademarks, logos and service marks that you see on this Website are proprietary to us and/or our licensors. Any and all intellectual property rights embodied and/or attached and/or related to the Services and/or the Website and/or any of the content therein are and shall remain our exclusive property and/or our licensors.
- You will not violate any laws, third party rights or any of the WingMate policies; post false, inaccurate or misleading content; distribute viruses or any other technologies that may harm us, or the interests or property of others using the Website; copy, modify, distribute, sell or offer for sale any content from the Website; and harvest or otherwise collect information about other visitors, or users, including email addresses.
- You will not copy, reproduce, modify, create derivative works from, distribute, or publicly display any content, neither from the Website, nor in any way interfere with the proper operation of the Website and/or the services offered via the Website.
- You will not upload to, distribute or otherwise publish through the Website any content which is libelous, defamatory, obscene, pornographic, abusive, or violates any law, or which contains viruses, “worms”, “Trojan horses” or any other harmful properties, or use the Website for, or to further, any illegal purposes.
- You will not use any robot, spider, scraper or other automated means to access the Website or any of its services for any purpose.
- We reserve the right in our sole discretion to edit and/or delete any content displayed, uploaded to, distributed or otherwise published through the Website (other than content in private e-mail communications).
- Any notices regarding changes to the Terms and Conditions, policies or other matters by WingMate will be made by posting such notices on the Website. Notices to us by you may be made by email to firstname.lastname@example.org
- By visiting or subscribing to the Website, you hereby grant us a license to use your Communications in any way, either on the Website or elsewhere, with no liability or obligation to us. We are free to use any idea, concept, know-how, technique or information contained in your Communications for any purpose.
- We are entitled, but not obligated, to review or retain your Communications. We may monitor your Communications to evaluate the quality of service you receive, your compliance with the Terms and Conditions, the security of the Website, or for any other purpose. You agree that such monitoring activities will not entitle you to any cause of action or other right with respect to the manner in which we monitor such Communications.
- Upon providing us with data, information, details and figures, you grant us a worldwide, non-exclusive, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity and database rights you have therein, in any media known now or in the future.
- Without limiting any other remedies available to us by law, if we believe that you are acting inconsistently with our policies, we may limit, suspend, terminate or prohibit your access to the Website, by taking any technical and/or legal steps, and we may delay or remove hosted content of yours.
- You will not use our Website or any information obtained there from to (i) solicit or participate in the solicitation of our visitors/users when such solicitation is for the benefit of any entity which could reasonably be construed to be or to become competitive with WingMate or (ii) for a commercial purpose not expressly sanctioned by these Terms and Conditions.
- The Website may contain hyperlinks to Websites operated by parties other than WingMate. Such hyperlinks are provided for reference only. We do not control such Websites, and we are not responsible for their contents. Our inclusion of hyperlinks to such Websites does not imply any endorsement of the material in such Websites or any association with their operators.
- WingMate may run advertisements and promotions from third parties on our Website. Your business dealings or correspondence with, or participation in promotions of, advertisers other than WingMate, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. WingMate is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non- WingMate advertisers on our Website.
- The Website includes or may include in the future reviews, discussion forums, user generated content, or other areas or services in which you or third parties create, post, or store any content, messages, materials or other items on our Website (“Interactive Areas“). You are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through our Site any content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law.
- You will not systematically retrieve data or other content from our Website to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise.
- You will not use, display, mirror or frame the Website, or any individual element within the Website, or other proprietary information, or the layout and design of any page or form contained on a page, without WingMate Tags express written consent.
- Copyrighting and Trademarks:
- WingMate and any other service name, design or slogan contained on the Website are trademarks of Pilot Expressions and its suppliers or licensors, and cannot be imitated, copied or used, in whole or in part, without the prior express written permission of WingMate or the applicable rights holder.
- All non-WingMate trademarks, service marks, product names and other names or logos mentioned on the Website are the property of their respective owners. All other materials appearing on the Website are copyrighted and/or subject to other laws and all rights therein are reserved. You cannot use any hidden texts or incorporate “WingMate” or any other name, trademark or product or service name of WingMate Tags without our prior written permission. The use (except as may be expressly authorized in writing) or misuse of any trademarks, trade names or logos from the Website is strictly prohibited. Further, without limiting the foregoing and for the avoidance of doubt, you must abide by all additional copyright notices, trademark notices and other restrictions contained or posted on the Site.
- All kind of data, information, software and other material (“Content”) accessible through the Website, may be protected by copyright. You may not copy, download, distribute or otherwise publish any Content protected by copyright, without obtaining permission of the copyright owner. Except as expressly provided in these Terms and Conditions, you shall not copy, distribute, publish, or create a derivative work from the Website or any part thereof.
- By uploading to, distributing or otherwise posting on the Website (except by use of private e-mail to other users) any content, you grant us the right to edit, copy, remove, distribute, create derivative works from, publish and/or otherwise commercialize and/or exploit such content electronically and/or in hard copy. Notwithstanding the above, you shall retain whatever rights you have in pre-owned elements of such content.
- Disclaimer of Liability:
- No representations are made regarding the Website, or the suitability of the information and content available via the Website for any purpose. All information and content are provided “AS IS” without warranty of any kind. In no event will WingMate be liable for any loss of money, goodwill, reputation or any direct, indirect, punitive, incidental, special, or consequential damages arising out of or in any way connected with the use of the Website, reliance upon information and/or content made available, the delay or inability to make use of the Website or otherwise arising out of the Website, whether based on contract, tort, strict liability or otherwise, even if WingMate was advised of the possibility of damages and even if caused by or result from the negligence or bona fide error on the part of WingMate, its officers, directors, agents, consultants or employees, or other fault, except as provided under these Terms and Conditions.
- We disclaim any warranty or liability regarding the actions or omissions of visitors/users, including with respect to information and data posted by them.
- YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE AND/OR App AND ANY CONTACT YOU HAVE WITH OTHER USERS OF WINGMATE WHETHER IN PERSON OR ONLINE REMAINS WITH YOU.
- NEITHER WINGMATE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE AND/OR THE SERVICES, WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, FROM THE USE OF OR INABILITY TO USE THE SITE, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, OR OTHER PERSONS WITH WHOM YOU COMMUNICATED OR INTERACTED AS A RESULT OF YOUR USE OF THE SITE, OR YOUR PARTICIPATION IN ANY EVENT WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WINGMATE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
You will indemnify and hold harmless WingMate, its officers, shareholders, director, agents and employees from any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities, including attorney’s fees, arising out of, connected with or resulting from your unauthorized use of Website actions, commissions and/or omissions inconsistent with these Terms and Conditions and/or breach of any other policies posted on the Website or services offered thereon and/or any transactions of or with users and/or disputes with other visitors/users.
- Legal Restrictions:
Accessibility to the Website and services offered thereon does not imply that it is legal under the laws and regulations applicable to you. Each user/visitor is responsible to seek the advice of legal counsel in order to make sure it fully complies, while making use of the Website, with all applicable laws and regulations.
- Governing Law: These Terms and Conditions shall be governed by and interpreted in accordance with the law of the State of Texas, United States of America without regard to conflict of law provisions. The competent courts of Denton, Texas shall have exclusive jurisdiction over any claim relating to or arising out of these Terms of Service, its validity, effect or performance.
- Subscription to the Website:
- Each person or entity that subscribes to the Website must abide by all of the Terms and Conditions contained herein in order to become or remain a user of the Website. In order to be a user, you will have to subscribe to the Website and fill the Sign Up Form, free of charge, and provide us with the required information, data about yourself (“User’s Information“).
- Throughout your subscription period, you agree to: (a) provide us with true, accurate, current and complete information about yourself as prompted by the Sign Up form and (b) maintain and promptly update the user’s Information to keep it true, accurate, current and complete. By subscribing to the Website you signify your agreement that all users’ Information provided is complete, accurate and up-to-date and an acknowledgement that you are responsible for updating your user’s Information as necessary.
- If you provide any information that is untrue, inaccurate, out-of-date or incomplete, or that WingMate has grounds to suspect that such information is untrue, inaccurate, out-of-date or incomplete, WingMate may suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). The above refers also to any act of impersonating, imitating or pretending to be somebody else when subscribing and/or setting up an account on the Website.
- Product Warranties, Extended Warranties, and Premium Services Packages:
- WingMate tags have a 30 day limited warranty for product defects. Within 30 days of the date of purchase WingMate will replace with new product for any product found to be defective, such as a bad NFC chip or antenna. Not included in this limited warranty is normal "wear-and-tear", 3rd party or user modifications, product uses outside of its description or product scope, or any negligence or abuse by the user.
- Extended Warranties and Premium Services are warranties or services above the scope of the limited warranty. These warranties or services are optional and at an additional cost paid by the customer. Wingmate has the right to change or void these warranties at any time upon posting notice on the Website. Customers who have bought an extended warranty or premium service prior to the change will be "grandfathered" and allowed to maintain their current warranty or service conditions. Extended warranties or premium services will be void if 3rd party or user modifications have been made to the product, the product is used outside of its description or scope, or any negligence or abuse by the user.
- Modification and Notices:
WingMate may modify these Terms and Conditions at any time upon posting notice on the Website. By continuing to access or use the Site after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, you are to cease using the Site.
WingMate may change or discontinue any aspect of the Website at any time, including, but not limited to, the availability of any of the Website’s features and/or services and/or content. Discontinuation for any reason shall be followed by delivering an e-mail notice to the users.
- Third Party Accounts:
As part of the functionality of the Website, you may link your WingMate Account with third party social networking sites; each such account, a “Third Party Account”, by either: (i) providing your Third Party Account login information to WingMate through the Website; or (ii) allowing WingMate to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to WingMate and/or grant WingMate access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating WingMate to pay any fees or making WingMate subject to any usage limitations imposed by such third party service providers. By granting WingMate access to any Third Party Accounts, you understand that WingMate will access, make available and store (if applicable) any Content that you have provided to and stored in your Third Party Account so that it is available on and through the Website. Unless otherwise specified in these Terms, all such Content, if any, will be considered to be Content for all purposes of these Terms. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS.
- Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to enforce at any time any of the provisions of these Terms and Conditions or exercise any of its rights, shall in no way be construed to be a waiver of such provision or right, nor shall it in any way affect the validity of these Terms and Conditions or any part thereof, or our right to enforce thereafter each and every provision.
- To the extent any section of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, you agree that the court should endeavor to give effect to the intentions as reflected in these Terms and Conditions and the other sections of these Terms and Conditions shall remain in full force and effect. You agree that regardless of any law to the contrary, any claim or cause of action brought by you, arising out of or related to the Website and/or services offered thereon, and/or the Terms and Conditions must be filed within six (6) months after such claim or cause of action or forever be barred.