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YOU ARE KINDLY ASKED TO READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS OF USE. BY USING OUR WEB SITE, YOU ACCEPT THESE TERMS AND CONDITIONS.
Winner.com (the "Site"), is provided by Winner.com, Inc. ("Winner"). We reserve the right but may not modify these terms and conditions in the future without further notice. Your continuous use of the Site, after any future modifications that have been made, indicates your approval of the new terms and conditions. These terms and conditions relate solely to your access to, and use of, the Site and do not amend in any way the terms or conditions of any other agreement you may have with Winner for products, services or otherwise. For specific information regarding the use of the Site, please go the Help section.
Privacy Policy
Winner's primary concern is to protect user privacy. Therefore, Winner has assumed such a privacy policy that users would be comfortable with. Please refer to our
Privacy Policy to learn how Winner uses and collects information.
Copyright and Intellectual Property (IP)
All Copyright and IP materials on the Site, including, inter alia, the Winner logo, design, graphics, text, other files, and the collection and arrangement thereof are Copyright© 2000 Winner.com, ALL RIGHTS RESERVED. Other than as stated herein, all materials are prohibited to be copied, reproduced, distributed, re-published, downloaded, displayed, posted or transmitted in any form or by any means, including, inter alia, electronic, mechanical, photocopying, recording or otherwise, without the prior written consent of Winner or the respective copyright owners. Consent is granted to display, copy, distribute and download the materials on this Site for personal, noncommercial and informational use only, provided however that you may not, without the consent of Winner or the respective copyright owners, (1) copy, publish or post any materials on any computer network or broadcast or publications media, (2) amend the materials or(3) remove or modify any copyright or other proprietary notices contained in the materials.
Winner is committed to respect the copyright and IP rights of others and may, as a result, remove content that appears to infringe the copyright or other IP rights of others. Furthermore, Winner may terminate the accounts of those users who appear to infringe the copyright or other IP rights of others.
Trademarks
Winner, the Winner logo and the products and services portrayed in the Site are either trademarks or registered trademarks of Winner and its affiliates, and may not be copied, imitated or used, in whole or in part, without the prior written consent of Winner. Furthermore, all page headers, custom graphics, button icons and scripts are marks, trademarks and/or trade dress of Winner, and thus may not be copied, imitated or used, in whole or in part, without the prior written consent of Winner. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners.
Licenses and Site Access
Winner grants you a limited license to use this Site only for your personal need. Such permission does not include, without limitation: (1) any resale or commercial use of the Site or content therein; (2) the compilation and use of any product listings or descriptions; (3) making imitative uses of the Site and its contents; or (4) use of any data mining or similar data accumulation and extraction methods. Except as mentioned above, Winner does not grant any right or license by implication, estoppels or otherwise in or under any patent, trademark, copy right or proprietary right of neither Winner nor any third party.
You are prohibited from and may not use, frame or utilize framing techniques to enclose any Winner trademark, logo or other proprietary information (including the images published on this Site, the content of any text or the layout/design of any page or form included on any page) without Winner's express written consent. Further, use of any meta-tags or any other "hidden text" utilizing a Winner name, trademark or product name is strictly prohibited without Winner's express written consent.
Linking
You are granted a limited, nonexclusive right to create a hyperlink to this Site as long as such link does not depict Winner or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner. You are prohibited from using any of Winner's logos or other proprietary graphics or trademarks of Winner and/or to link to this Site without the express written consent of Winner. Winner reserves the right to revoke this limited right at any time.
Winner makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of those sites that are accessible through hyperlinks from this Site, or sites linking to this Site. The linked sites are neither under the sponsorship of Winner, nor is Winner responsible for the content of any such site or any link contained in such site, or any review, changes or updates to such sites. Winner is providing these links only as convenience, and the inclusion thereof does not imply affiliation, endorsement or adoption by Winner of any site or any information contained therein. Users, who exit the Winner site, should be aware that Winner's terms and policies no longer prevail, and therefore should review the pertinent terms and policies, including privacy and data-gathering practices, of that site.
User Behavior
By using this site, users agree and undertake not to:
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Disrupt or tamper with the security of the Site, or otherwise abuse any of its services, system resources, accounts, servers or networks connected to or accessible through the Site or affiliated or linked Web sites. |
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Disrupt, interfere or tamper with any other user's enjoyment of the Site or affiliated or linked Web sites. |
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Upload, post or transmit through or on this Site harmful, disruptive or destructive files or any viruses. |
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Use or attempt to use another person's account, service or system without Winner's consent, or create or use a false identity on this Site. |
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Transmit through or on this Site spam, junk mail or any other type of unsolicited email to persons or entities who have not agreed to be part of such mail circulation. |
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Attempt to obtain unauthorized access to the Site or portions thereof that are restricted from general access. |
Furthermore, you agree and state that you are solely responsible for any of your actions and communications which you undertake or transmit within your account and that you will comply with all applicable local, state, national and international laws and regulations, including but not limited to United States export restrictions, that relate to your use of or activities on this Site.
Copyright Policy and Copyright Agent
If you believe that Winner and/or any user and/or affiliate of our site has infringed your copyright in any way, please notify Winner's Copyright Agent - Abramovich, Yosef, Hakim, Law Offices, 65 Igal Alon Street, Tel Aviv 67443, Israel, telephone +972-3-562-8288, Fax +972-3-562-8155 and provide, inter alia, the following information:
1. Physical or electronic signature of the person authorized to act on behalf of the copyright owner and/or interest.
2. Indication of the copyrighted work claimed to have been infringed.
3. Indication of the material that is claimed to have been infringing and its location on the site.
4. User's address, telephone number and email address.
5. A statement by you that you honestly believe that the use in question is not permitted by the copyright owner, its agent or by law.
6. A statement by you that the information you submit in your Notice is accurate, made under penalty of perjury, and that you are allowed to act on behalf of the owner of the copyright interest involved.
Winner's Copyright Agent can be reached by mail at Abramovich, Yosef, Hakim, Law Offices, 65 Igal Alon Street, Tel Aviv 67443, Israel, telephone +972 3 562-8288, Fax +972-3-562-8155.
Submissions
You agree that any materials, including but not limited to questions, comments, suggestions, notes, drawings, original or created materials or other information, provided by you in the form of email or otherwise submitted to Winner, or posted on this Site, are non-confidential and shall become the sole property of Winner. Winner shall own exclusive rights, including all IP rights, and shall be entitled to unrestricted use thereof for any purpose, commercial or otherwise, without acknowledgment or compensation to you. The submission of any materials to Winner irrevocably waives any and all "moral rights" in such materials.
Indemnification
You are solely responsible for any Content, messages or other information you post, upload or transmit to Winner. You agree to indemnify and hold Winner harmless from any claim, action, demand, loss or damages (including attorneys' fees) made or incurred by any third party arising out of or relating to your behavior, your violation of these terms and conditions, or your violation of any rights of a third party.
DISCLAIMER
Applicable Law
These terms and conditions are governed by and construed in accordance with the laws of the State of Delaware, without resort to its conflict of law provisions. You agree that any action at law arising out of or relating to these terms and conditions shall be filed only in the Superior Court of New Castle County, Wilmington, Delaware, and you hereby irrevocably and unconditionally agree and submit to the exclusive jurisdiction of such courts any suit, action or proceeding arising out of these terms and conditions.
Termination
Notwithstanding any of these terms and conditions, Winner reserves the right, without notice and at its sole discretion, to terminate your license to use this Site, and to prevent future access to and use of this Site.
Severability
If any provision of these terms and conditions shall be deemed unlawful in the Superior Court of New Castle County, Wilmington, Delaware, invalid or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
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