Terms of Use

 

Last updated: (March 1, 2019)

 

Please read these Terms of Use ("Terms", "Terms of Use") carefully before using the Wini mobile application (the "Service") operated by giftree ("us", "we", or "our").

 

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

 

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

 

 

Changes

 

We reserves the right to make changes to the Terms (the “Modified Terms”), at any time, for example to address changes to the law or regulatory changes or changes to functionalities offered through the Services. Therefore, you must look at the Terms regularly to check for such changes. The most recent Terms will always be available at: ( Terms of use ). If you do not agree to the Modified Terms you must stop using the Service. Your continued use of the Service after the date the Modified Terms are posted, will constitute your acceptance of the Modified Terms.

 

 

PRIVACY

 

We respect your privacy. Our privacy policy ( Privacy Policy ), which shall be considered an integral part of these Terms, explains our privacy policies. Please read it carefully.



FEE-BASED SERVICES; COMMERCIAL CONTENT

Certain of our Services may be provided upon the payment of a fee (one time or recurring). Amounts payable and the terms and conditions with respect to such payments shall be as set forth in the additional third party (a "Third Party") terms and conditions that govern the application marketplace from which you downloaded the relevant App, such as Apple’s AppStore, Google Play for Android (the "Application Marketplace" and the "Third Party Terms", respectively).

 

We may incorporate advertisements in an App or any feature of a Service. We do not control such advertisements and cannot guarantee that they are reliable or accurate. Inclusion of advertisements does not mean that we recommend or endorse the goods or services that they offer, and we bear no responsibility for any decision by you to purchase such goods or services.

 

We may cooperate with advertisers or commercial vendors to offer you sponsored goods or services. The sponsored goods and services are offered by the respective goods or service providers, are under their exclusive responsibility and we maintain no responsibility for such goods or services. If you encounter any problem with the sponsored goods or services you will be required to contact the third party providers, not us.

 

For purposes of these Terms of Use, “Commercial Use” shall mean any use made by you of the Commercial Use Service for commercial purposes, including (a) the use of the Service to promote a business (including in social or traditional media) and (b) the use of the Service as a tool in your business (e.g. retouching artists; portrait photographers; use for “before” and “after” photographs, make-up artists, etc.).

 

 

USE OF STOCK CONTENT

 

For certain of the Services, we may make available to you the use of certain stock photos, videos, music or other content which you may incorporate into your use of the Services (collectively, the “Stock Content"), subject to these Terms, and such other conditions that we may communicate to you from time to time

Certain Stock Content may be denominated by the relevant App, or in the Third Party Marketplace as Premium Content. (the “Premium Content”) Any amounts payable for the Premium Content (the “Content Fee”), and any terms applicable to the Premium Content shall be as specified in the relevant Application Marketplace and/or the Third Party Terms. The Content Fee will be payable through such payment methods accepted from time to time, and unless otherwise mandated by law will be non- refundable. Stock Content provided hereunder which is not Premium Content, shall be referred to as "Free Content".

In the event that you use the Stock Content in an audio/visual production in which credits are accorded to other providers of content, you may have to provide credit to our underlying suppliers, so you are required to contact us for further instructions.

 

 

PROHIBITED USE OF THE SERVICES

 

When using the Service you must refrain from:

• Breaching these Terms or any other applicable rules and instructions that we may convey with respect to the Service;

• Engaging in any activity that constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law, including laws governing privacy, defamation, spam and copyright;

• Interfering with, burdening or disrupting the functionality of the Service;

• Breaching the security of the Service or publicly identifying any security vulnerabilities in it;

• Circumventing or manipulating the operation or functionality of the Service, or attempting to enable features or functionalities that are otherwise disabled, inaccessible or undocumented in the Service;

• Sending automated or machine generated queries;

• Using robots, crawlers and similar applications to collect and compile content from the Service or send data to the Service including for the purposes of competing with the Service, or in such ways that may impair or disrupt the Service's functionality;

• Displaying or embedding content from the Service, including by any software, feature, gadget or communication protocol, which alters the content or its design;

• Impersonating any person or entity, or making any false statement pertaining to your identity or affiliation with any person or entity;

• Collecting, harvesting, obtaining or processing personal information regarding the Service’s users, without their prior explicit consent;

• Abusing, harassing, threatening or intimidating other users of the Service;

• Linking to the Service from web pages or applications that contain pornographic content or content

that encourages racism or wrongful discrimination;

• Uploading to or making available on the Service content which may be considered as -

o Identifying minors, their personal details or their address and ways to contact them

o Software viruses, Trojan Horses, worms, vandals, spyware, ransomware and any other malicious applications

o Constituting a violation of a person's right to privacy or right of publicity

o Threatening, abusive, harassing, defamatory, libelous, vulgar, violent, obscene or racially, ethnically or otherwise objectionable

o Unsolicited commercial communications ('spam'), chain letters, or pyramid schemes

o Otherwise prohibited by any applicable law.

 

You are solely responsible for the content you make available through the Service and for the consequences associated with doing so.

 

 

INTELLECTUAL PROPERTY

 

All rights, title and interest in and to the Apps and the Services, including without limitation, patents, copyrights, trademarks, trade names, service marks, trade secrets and other intellectual property rights and any goodwill associated therewith, but excluding any content that originates from users, are the exclusive property of Wini and its licensors. This includes the Apps’ design, graphics, computer code, “look and feel” and Wini’ domain names.

 

You may not copy, distribute, display or perform publicly, make available to the public or communicate to the public, sublicense, decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, adapt, make commercial use of, process, compile, translate, sell, lend, rent, reverse engineer, combine with other software, modify or create derivative works of the Apps or the services or any part thereof, in any way or by any means.

 

You may not use any name, mark, logo or domain name that is confusingly similar to our marks, logos and internet domain names. You must refrain from any action or omission that may dilute or damage our goodwill.

 

Your use of the Services is conditioned upon your agreement not to use the Services to infringe the intellectual property rights of others in any way. Wini, at its sole discretion, may terminate its engagement with any user who is suspected of infringing the copyrights, or other intellectual property rights, of others, or may, at its sole discretion, take other actions against such users. In addition, Wini may, at its discretion and in accordance with applicable laws, remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and to remove or disable access to any reference or link to material or activity that is claimed to be infringing.

 

 

Content

 

You will be responsible for any and all content that originates from you and that you use with or through the Apps or the Services. You are solely responsible for the consequences of posting or publishing any content created, modified or otherwise used by you through the Apps or the Services. Wini does not endorse any such content and Wini expressly disclaims any and all liability in connection with such content.

 

You represent and warrant that you have (and will continue to have during your use of the Services) all necessary licenses, rights, consents, and permissions which are required with respect to the content used by you in conjunction with the Services and the Apps. You hereby warrant and represent that: (a) you are the sole owner of and/or hold all rights in and to your content; (b) there are no restrictions, limitations which prevent or restrict you from using such content in conjunction or through the Services or the Apps and (c) your content will not: (i) facilitate or promote illegal activity, or contain content that is illegal; (ii) contain content that is defamatory, misleading, fraudulent, obscene, distasteful, racially or ethnically offensive, harassing, or that is discriminatory based upon race, gender, color, creed, age, sexual orientation, or disability; (iii) contain sexually suggestive or explicit content; (iv) infringe upon or violate any right of any third party; (v) disparage, defame, or discredit Wini or any third party; (vi) contain any viruses, worms, Trojan horses and other disabling or damaging codes; or (vii) otherwise contain content that violates any laws, rules, regulations or policies of any competent jurisdiction.

 

You agree that you will not post or upload any content which contains material which it is unlawful for you to possess in the country in which you are resident.

 

You agree that content you use with or in conjunction with the Services and the Apps will not contain any third party copyright material, or material that is subject to other third party proprietary rights (including rights of privacy or rights of publicity), unless you have a formal license or permission from the rightful owner, or are otherwise legally entitled to make such use of the content.

 

 

DISCLAIMER OF WARRANTY

 

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. WE AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, AGENTS AND AFFILIATES (THE “WINI  PARTIES”) DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESSED OR IMPLIED, WITH RESPECT TO THE APPS, THE SERVICES, AND ALL PARTS THEREOF, INCLUDING THE FREE CONTENT AND THE PREMIUM CONTENT, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY, ACCURACY, ENHANCED GOODWILL OR EXPECTED BENEFITS.

WE DO NOT WARRANT THAT (A) THE APPS OR THE SERVICES WILL BE UNINTERRUPTED, ERROR- FREE OR WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS IN ANY WAY; (B) THE APPS OR THE SERVICES WILL ALWAYS BE AVAILABLE OR FREE FROM MALWARES, COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS; (C) THE QUALITY OF THE SERVICES, WILL MEET YOUR EXPECTATIONS; (D) THE FREE CONTENT OR PREMIUM CONTENT PRESENTED THROUGH THE APP WILL BE ACCURATE, BENEFICIAL OR RELIABLE; (E) THE RESULTS OF THE USE OF THE SERVICE WILL BE SATISFACTORY AND WILL FIT YOUR EXPECTATIONS OR REQUIREMENTS.

NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING STATEMENTS REGARDING SUITABILITY FOR USE OR PERFORMANCE OF THE SERVICE, MADE BY US OR ON OUR BEHALF, WHICH IS NOT EXPRESSLY CONTAINED IN THESE TERMS, SHALL BE DEEMED TO BE A WARRANTY FOR ANY PURPOSE, OR GIVE RISE TO ANY LIABILITY WHATSOEVER.

YOU AGREE AND ACKNOWLEDGE THAT THE USE OF THE APPS AND THE SERVICES IS AT YOUR OWN RISK.

 

 

APPLICATION MARKETPLACE

 

Your use of the Services may be subject to the Third Party Terms (as defined above). The Third Parties (as defined above) are not responsible for providing maintenance and support services with respect to the App.

The following terms apply if you downloaded the App from Apple's app store. You agree and acknowledge as follows:

• These terms are concluded between yourself and us, and not with Apple Inc. ("Apple"). Apple is not responsible for the App. In the event of a conflict between these Terms and Apple’s app store terms of service then the app store terms of service will prevail, solely with respect to the conflicting provisions.

• The license granted to you for the App is limited to a non-transferrable license to use the App on any iOS products that you own or control, and as permitted by the usage rules set forth in the app store terms of service, except that such App may be accessed, acquired, and used by other accounts associated with the purchaser via family sharing.

• In the event of a failure to conform to any applicable warranty (if any warranty is applicable), you may notify Apple, and Apple will refund the purchase price for the App to you (if you paid any). Apple has no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, will not be at Apple’s responsibility.

• Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including (i) product liability claims, (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection or similar legislation.

• In the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Apple will not be responsible for the investigation, defense, settlement and discharge of any such infringement claim.

• You must comply with applicable third party terms of agreement when using the App (e.g. you must not be in violation of your wireless data services agreement when you use the App).

• Apple and Apple’s subsidiaries are third party beneficiaries of these terms. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these terms against you as a third party beneficiary thereof. You represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. government list of prohibited or restricted parties.

 

 

 

Contact Us

 

If you have any questions about these Terms, please contact us.

 

By email : master@wini.me