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Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE WINFOREVER, LLC (“WinForever”) SITE. By using the WinForever website, you signify your agreement to these terms of use. If you do not agree to these terms of use, please do not use the WinForever website. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of the WinForever website following the posting of changes to these terms will mean you accept those changes.

  1. Ownership
  2. Limited License; Restrictions
  3. Forums and Public Communication
  4. Disclaimer; Products
  5. Limitation of Liability
  6. Indemnification
  7. Links from this Site
  8. Termination
  9. General Provisions
  10. Amending the Terms and Conditions of Use
  11. Governing Law
  12. Miscellaneous
  13. Offer of Products; Wireless

1. Ownership

All of the content of this website (which includes without limitation all graphics, text, images, photographs, illustrations, and the design, selection and arrangement thereof) is protected by copyright and/or trademark and/or other proprietary intellectual property rights owned by or licensed to WinForever.

2. Limited License; Restrictions

You are granted a limited license to download the materials contained on this website to a single personal computer, and to print a hard copy of the materials contained on this website, solely for your personal, non-commercial use, and provided all copyright, trade mark and other proprietary notices are left intact. In all cases, WinForever must be acknowledged as the source of the material. Use of the materials contained on this website on any other Internet site is strictly prohibited. The grant of this limited license is conditional upon your agreement to and full compliance with these terms of use. Any other use of any of the materials on this website including reproduction (for any purposes other than those noted above), modification, distribution, or republication, without the prior written permission of the WinForever is strictly prohibited, and is a violation of the WinForever’s proprietary rights. If you download any software from this website, the software, including any images or files incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are subject to the limited license set out above. WinForever and/or its suppliers (as the case may be) retain all right, title, interest and intellectual property rights in and to the Software. You may not distribute, sell, or transmit the Software and you are not permitted to alter, modify or adapt the Software, including but not limited to translating, decompiling, reverse engineering, disassembling, or creating derivative works of it.

3. Use of the Website or Forums and Public Communication Related to the Website

"Forum" means a chat area, message board, or e-mail function offered as part of the WinForever’s website. You may not use the website, or if you participate in any Forum within the website, you must not:

To use certain features of the website, you will need a username and password, which you will receive through the registration process. You are responsible for maintaining the confidentiality of the password and account, so please do not give out your password to anyone. You are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.

It is our policy to respect the privacy of all customers. WinForever may use the consumer information we collect in variety of ways, subject to the terms of WinForever’s Privacy Policy at www.winforever.com/privacy-policy.

We reserve the right to remove or edit content from any Forum at any time and for any reason.

By uploading materials to any Forum or submitting any materials to us, you automatically grant (or warrant that the owner of such materials expressly granted) us a perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called "moral rights" in those materials have been waived.

When participating in a Forum, never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated with in any chat room, message board, or other user-generated content area. Information obtained in a Forum may not be reliable, and it is not a good idea to trade or make any investment decisions based solely or largely on information you cannot confirm. We cannot be responsible for the content or accuracy of any information, and shall not be responsible for any trading or investment decisions made based on such information.

4. Disclaimer; Products

THIS WEBSITE AND ITS CONTENTS ARE PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WINFOREVER DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING BY WAY OF EXAMPLE BUT NOT LIMITATION, AS TO FITNESS FOR A PARTICULAR PURPOSE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS. IN ADDITION, WINFOREVER DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION AND/OR FACILITIES ON OR ACCESSIBLE VIA THIS WEBSITE ARE ACCURATE, COMPLETE OR CURRENT, OR THAT THIS WEBSITE WILL BE FREE OF DEFECTS, INCLUDING, BUT NOT LIMITED TO, VIRUSES OR OTHER HARMFUL ELEMENTS. THE USER OF THIS WEBSITE ASSUMES ALL COSTS ARISING AS A RESULT OF THE USE OF THIS WEBSITE.

While we try to provide accurate information on this website, we explicitly disclaim any responsibility for the accuracy, content, or availability of information found on this website or sites that link to or from the WinForever’s website. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from the WinForever website or third-party content on our sites. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third-party, and you hereby irrevocably waive any claim against us with respect to such sites and third-party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. Please let us know if you discover any inaccuracy in our website content.

In an effort to enhance your shopping experience and give as many customers as possible the opportunity to purchase our product, we may place limits on purchases. We also may, among other things, restrict orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. We reserve the right to limit, cancel or prohibit orders that, in our judgment, appear to be placed in violation of this policy. We further reserve the right to cease doing business with customers who violate this policy. We may modify this policy at any time without prior notice. This policy applies to all purchases of WinForever products, including, but not limited to, all purchases made on the WinForever wesbiste.

Keeping your personal credit card information private is vitally important to us. WinForever will never rent or sell the information gathered in a credit card transaction. Knowing that you use certain services or purchase certain products may help us to offer you better service and more popular products. Please note that there are places on the WinForever website where you can transmit credit card information in order to complete a purchase transaction. WinForever does not sell or provide any third parties with any personal credit card information.

5. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, NEITHER WINFOREVER, LLC, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, PARENTS, OWNERS, MEMBERS, EMPLOYEES, AFFILIATES OR OTHER REPRESENTATIVES (COLLECTIVELY, THE “RELEASEES”) WILL BE LIABLE FOR ANY LOSS OR DAMAGES (WHETHER DIRECT OR INDIRECT AND WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE MATERIALS IN AND/OR FACILITIES OR SERVICES OFFERED THROUGH THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES, LOSS OF DATA, INCOME, PROFIT OR OPPORTUNITY, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES (EVEN IF WINFOREVER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES, OR SUCH LOSS OR DAMAGES WERE REASONABLY FORESEEABLE). IF THIS CLAUSE IS UNENFORCEABLE IN WHOLE OR IN PART IN ANY JURISDICTION DUE TO RELEVANT LAWS, THEN IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU OF THE RELEASEES FOR ALL DAMAGES, LOSSES, AND CLAIMS (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE. NOTHING IN THIS CLAUSE SHALL LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE.

6. Indemnification

You agree to defend, indemnify and hold harmless the Releasees from and against all liabilities, claims, damages, costs and expenses, including attorneys’ fees arising out of: your use of the website; any material you post, upload, e-mail or otherwise transmit to or using this website; or your violation, breach or alleged violation or breach of these Terms of Use.

This website may contain links to other Internet sites. We provide such links for your convenience only, and we are not responsible for the content in any site linked to or from this website. We disclaim all warranties, express or implied as to the accuracy, legality, reliability or validity of any content on any other such site, and that such sites will be free of viruses or other harmful elements.

8. Termination

These terms are effective until terminated by either party. You may terminate these terms at any time by discontinuing use of WinForever’s website and destroying all materials obtained from any and all such sites and all related documentation and all copies and installations thereof, whether made under these terms or otherwise. Your access to WinForever’s website may be terminated immediately without notice from us if in our sole discretion you fail to comply with any term or provision of these terms. Upon termination, you must cease use of the WinForever’s website and destroy all materials obtained from such site and all copies thereof, whether made under these terms or otherwise.

9. General Provisions

These terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Los Angeles, California, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties.

10. Amending the Terms and Conditions of Use

We may add to, change or remove any part of these Terms of Use at any time, without notice. Any changes to these Terms of Use or any terms shown on this website apply as soon as they are shown. By continuing to use this website after any changes are posted, you are indicating your acceptance of those changes. It is therefore your responsibility to check these Terms of Use each time you use this website, so that you can take note of any amendments we may make. We may add, change, discontinue, remove or suspend any other content displayed on this website, including features and specifications of products and services described or depicted on the website, temporarily or permanently, at any time, without notice and without liability.

11. Governing Law

Those who choose to access this website do so at their own risk and on their own initiative and are responsible for compliance with all applicable local laws. These terms shall be governed by and construed in accordance with the California State Laws. Any dispute under these terms shall be subject to the exclusive jurisdiction of the courts of California (subject to appeal) and, by using this website, you hereby submit to the jurisdiction of such courts for such purposes and waive any and all objections as to jurisdiction or venue in such courts.

12. Miscellaneous

Any waiver of any provision of these terms must be in writing signed by WinForever to be valid. A waiver of any provision hereunder shall not operate as a waiver of any other provision, or a continuing waiver of the same provision in the future. If any court of competent jurisdiction finds any provision of these terms to be void or unenforceable for any reason then such provision shall be ineffective to the extent of the court’s finding without affecting the validity and enforceability of any remaining provisions. These terms represent the entire understanding and agreement between the parties relating to the subject matter herein and supersede any and all prior statements, understandings or agreements whether oral or written, and shall not be modified except in writing, signed by you and WinForever.

13. Offer of Products; Wireless

Billing / Pricing: You will only receive WinForever’s text alerts when you request them by entering a mobile promotion, which includes but is not limited to any contest, sweepstakes, or offer for products sponsored by WinForever or its affiliates. Standard/other text messaging rates apply, according to your individual rate plan provided by your wireless carrier. Check with your wireless carrier or review the terms of your wireless plan for details. Under no circumstances will the Releasees be responsible for any text messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number as a result of a promotion.

Supported Carriers: The following carriers are supported WinForever text alerts: Alltel, Boost Mobile, Cingular Blue (AT&T), Cingular Orange (Cingular), Dobson Cellular, Sprint/Nextel, T-Mobile, US Cellular, Verizon Wireless, and Virgin Mobile. Pre-paid phones or calling plans may not be supported. The foregoing carriers are supported within the United States and may be supported in Canada.

Frequency of Messages: We anticipate that you may receive 2 to 3 text alerts for a particular event and additional text alerts for similar events thereafter. When tickets to the event you requested or events similar to such event go on sale to the general public, you may be sent a text alert. WinForever is CAN-SPAM compliant. You can opt out of any future text alerts, if any, after receiving a text alert by replying with the text “STOP” to such text alert or sending the text “STOP” to the shortcode. If you text “STOP” to the shortcode, you will not receive important text messages including advance notice of ticket sales for any future events. We will make every attempt to remove your phone number from the WinForever text database as soon as possible, but please allow up to five (5) days. If your carrier does not permit text alerts, you may not receive WinForever text alerts. For more info contact: WinForever - Privacy Policy, PO Box 247, Hermosa Beach, CA, 90254.

You understand, acknowledge and agree that the WinForever may, at its sole discretion and without liability to you, terminate its offer of text alerts at any time without advance notice. WinForever may provide notice of terminations or changes in services on this website. These conditions of use are written in conjunction with the WinForever’s additional terms of use and registration policies, and are governed by the laws of the State of California.

Information for International Users. This website is operated from the United States, and should not be accessed from any location where it would violate local laws to do so. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct. Specifically, you agree to comply with all applicable laws regarding the transmission of data exported from the United States or the country in which you reside.

Notice of Copyright Infringement. If you are a copyright owner who believes your copyrighted material has been reproduced, posted or distributed via the Site in a manner that constitutes copyright infringement, please inform us by sending written notice by registered mail to: WinForever - Privacy Policy, PO Box 247, Hermosa Beach, CA, 90254.

The notice should comply with the Digital Millennium Copyright Act (and international intellectual property law, where applicable), and include, among other things, the following information as set forth in the Digital Millennium Copyright Act, 17 U.S.C. § 512 (c)(3)(A).

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. Identification of the copyrighted work you claim is being infringed, or, if you want to cover multiple copyrighted works in a single notice, a representative list of such works.
  3. Identification of the material that you claim is infringing or is the subject of infringing activity and that you believe should be removed or access to which should be disabled, with information reasonably sufficient to permit us to locate the material.
  4. Information reasonably sufficient to permit us to contact you, such as an address, telephone number and, if available, an electronic mail address at which you may be contacted.
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. Please note that the contact information provided in this paragraph is for suspected copyright infringement only. Contact information for other matters is provided elsewhere in these Terms of Use or on the Site.

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions. In any case, you affirm that you are over the age of 13, as the service is not intended for children under 13. If you are under 13 years of age, then please do not use the service. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.