Last Revised January 23, 2008
The following User Agreement ("Agreement") govern your membership to
and use of Wing Dreams Web Solutions ("Websites"), including without
limitation participation in its bulletin boards, forums, personal
ads, chats, and all other areas (except to the extent stated
otherwise on a specific page) as provided by Wing Dreams Web
Solutions or any of the ("Service Provider," "we," or "our").
Your use of and/or
registration on any aspect of the Website will constitute your
agreement to comply with these rules. If you cannot agree with these
rules, please do not use the Website.
In addition to reviewing this Agreement, please read our
http://wingdreamswebsolutions.net/privacy.htm Your use of
the Website constitutes agreement to its terms and conditions as
well.
The Agreement may be modified from time to time; the date of the
most recent revisions will appear on this page, so check back often.
Continued access of the Website by you will constitute your
acceptance of any changes or revisions to the Agreement.
Your failure to follow these rules, whether listed below or in
bulletins posted at various points in the Website, may result in
suspension or termination of your access to the Website, without
notice, in addition to Service Provider's other remedies.
REGISTRATION AND ACCOUNT CREATION
1. REGISTRATION INFORMATION:
Service Provider may at times require that you register and/or set
up an account to use certain portions of the Website, or the Website
as a whole. In order to do so, you may be provided, or required to
choose, a password, User Id, and/or other registration information
(collectively, "Registration Information"). You agree and represent
that all Registration Information provided by you is accurate and
up-to-date. If any of your Registration Information changes, you
must update it by using the appropriate update mechanism on the
Website, if available. Otherwise, contact our Privacy Policy
Coordinator as described in our
http://wingdreamswebsolutions.net/privacy.htm
2. USE OF USER ID/PASSWORD:
A. If you register and/or set up an account on the Website, you will
be solely responsible for maintaining the confidentiality of your
Registration Information. You may not authorize others to use your
Registration Information. You may not sub-license, transfer, sell or
assign your Registration Information and/or this Agreement to any
third party without our written approval. Any attempt to do so will
be null and void and shall be considered a material breach of this
Agreement.
B. You are solely responsible for all usage or activity on your
account including, but not limited to, use of the account by any
person who uses your Registration Information, with or without
authorization, or who has access to any computer on which your
account resides or is accessible.
C. If you have reason to believe that your account is no longer
secure (for example, in the event of a loss, theft or unauthorized
disclosure or use of your Registration Information or any credit,
debit or charge card number stored on the Website), you must
promptly change the affected Registration Information by using the
appropriate update mechanism on the Website, if available, or notify
our Webmaster. At
webmaster@wingdreams.com
3. FEES AND PAYMENTS:
A. Service Provider or third parties may charge you fees for
products or services offered for sale through the Website, and/or
for access to portions of the Website or the Website as a whole. You
agree to pay all fees and charges, including applicable taxes,
incurred through your account at the rates in effect for the billing
period in which such fees and charges are incurred, including but
not limited to charges for any products or services offered for sale
through the Website by Service Provider or by any third party vendor
or provider (such fees, charges and taxes shall collectively be
referred to as "Fees"). Service Provider reserves the right to
change the amount of, or basis for determining, any Fees, and to
institute new Fees, effective upon prior notice to you.
B. If you submit your credit, debit or charge card information to
Service Provider upon registration or otherwise, you give Service
Provider permission to charge all Fees incurred through your account
to the credit, debit or charge card you designate. Any additional
Fees (other than renewal fees) will be charged at the time they are
incurred. If payment cannot be charged to your credit, debit or
charge card or your payment is returned to Service Provider for any
reason, including charge back, Service Provider reserves the right
to either suspend or terminate your account and all its obligations
under this Agreement.
II. Rules of Usage:
1. USE OF THE WEBSITE BY YOU:
A. Unless otherwise specified, the Website is intended for your
personal use only. You may not authorize others to use the Website,
and you are responsible for all use of the Website by you and by
those you allow to use, or provide access to, the Website.
B. The Website contains material that is protected by state,
national and international copyright, trademark and other
intellectual property laws. You may not modify, copy, reproduce,
republish, upload, post, transmit or distribute in any way any
material, including code and software, from the Website. You may
download material from the Website and may use the Website for your
personal use only, provided you keep intact all copyright and other
proprietary notices.
C. The Website is not intended for users under the age of 13, and
Website Provider does not knowingly collect personally identifiable
information from users under the age of 13. Such users are expressly
prohibited from submitting their personally identifiable information
to us, and from using our forums and chat areas; any information
submitted by such users will not knowingly be used, posted, or
retained by us.
D. You agree not to use any obscene, indecent, or offensive language
or to place on the Website any material that is defamatory, abusive,
harassing, racist, or hateful. Further, you may not place on the
Website any material that is encrypted, constitutes junk mail or
unauthorized advertising, or commercial offers, invades anyone's
privacy, or encourages conduct that would constitute a criminal
offense, give rise to civil liability, or that otherwise violates
any local, state, federal, national or international law or
regulation. You agree to use the Website only for lawful purposes
and you acknowledge that your failure to do so may subject you to
civil and criminal liability.
E. You are responsible for ensuring that any material you provide to
the Website or post on a bulletin board or forum or elsewhere,
including but not limited to text, photographs and sound, does not
violate the copyright, trademark, trade secret or any other personal
or proprietary rights of any third party or is posted with the
permission of the owner(s) of such rights.
F. The content, organization, graphics, text, images, video, design,
compilation, advertising and all other material on the Website,
including without limitation, the "look and feel" of this website,
are protected under applicable copyrights and other proprietary
(including but not limited to intellectual property) rights and are
the property of Website Provider or its licensors. The copying,
rearrangement, redistribution, modification, use or publication by
you, directly or indirectly, of any such matters or any part of the
website, including but not limited to the removal or alteration of
advertising, except for the limited rights of use granted hereunder,
is strictly prohibited.
G. You may not in any way make commercial or other unauthorized use,
by publication, re-transmission, distribution, performance, caching,
or otherwise, of material obtained through the Website, except as
permitted by the Copyright Act or other law or as expressly
permitted in writing by this Agreement, Service Provider or the
Website.
H. You agree not to disrupt, overwhelm, attack, modify or interfere
with the Website or its associated software, hardware and/or servers
in any way, and you agree not to impede or interfere with others'
use of the Website. You further agree not to alter or tamper with
any information or materials on or associated with the Website.
I. Other than connecting to Service Provider's servers by http
requests using a Web browser, you may not attempt to gain access to
Service Provider's servers by any means - including, without
limitation, by using administrator passwords or by masquerading as
an administrator while using the Website or otherwise.
J. You acknowledge that Service Provider has not reviewed and does
not endorse the content of all sites linked to from this Website and
is not responsible for the content or actions of any other sites
linked to from this Website. Your linking to any service or site is
at your sole risk.
2. COMMENTS BY OTHERS ARE NOT ENDORSED BY SERVICE PROVIDER:
Service Provider does not necessarily endorse, support, sanction,
encourage, verify, or agree with the comments, opinions, or
statements posted on forums, blogs or otherwise contained in the
Website. Any information or material placed online, including advice
and opinions, are the views and responsibility of those who post the
statements and do not necessarily represent the views of Service
Provider or its third party service providers. You agree that
Service Provider and its third party service providers are not
responsible, and shall have no liability to you, with respect to any
information or materials posted by others, including defamatory,
offensive or illicit material, even material that violates this
Agreement.
3. USE OF MATERIAL SUPPLIED BY YOU:
For information regarding use of personal information you supply or
communicate to the Website, please see our
http://wingdreamswebsolutions.net/privacy.htm
Except as expressly provided otherwise in the Privacy Policy,
you agree that by posting messages, uploading files, inputting data,
or engaging in any other form of communication with or through the
Website, you grant us a royalty-free, perpetual, non-exclusive,
unrestricted, worldwide license to use, reproduce, modify, adapt,
translate, enhance, transmit, distribute, publicly perform, display,
or sublicense any such communication (including your identity and
information about you) in any medium (now in existence or
hereinafter developed) and for any purpose, including commercial
purposes, and to authorize others to do so. In addition, please be
aware that information you disclose in publicly accessible portions
of the Website will be available to all users of the Website, so you
should be mindful of personal information and other content you may
wish to post.
4. COPYRIGHT COMPLAINTS:
A. Service Provider respects the intellectual property of others,
and we ask our users to do the same. Service Provider may, in
appropriate circumstances and at its discretion, suspend or
terminate the access of and take other action against users,
subscribers, registrants and account holders who infringe the
copyright rights of others.
B. If you believe that your work has been copied and is accessible
on the Website in a way that constitutes copyright infringement, or
that the Website contains links or other references to another
online location that contains material or activity that infringes
your copyright rights, you may notify Service Provider by providing
the following information (as required by the Online Copyright
Infringement Liability Limitation Act of the Digital Millennium
Copyright Act, 17 U.S.C. sec. 512) to our copyright agent set forth
below:
(i) A physical or electronic signature of person authorized to act
on behalf of the owner of an exclusive right that is allegedly
infringed;
(ii) Identification of the copyrighted work claimed to have been
infringed, or if multiple copyrighted works at a single online site
are covered by a single notification, a representative list of such
works at that site;
(iii) Identification of the material that is claimed to be
infringing or to be the subject of infringing activity and that is
to be removed or access to which is to be disabled, and information
reasonably sufficient to permit Service Provider to locate the
material;
(iv) Information reasonably sufficient to permit Service Provider
to contact the complaining party, such as an address, telephone
number, and if available, an electronic mail address at which the
complaining party may be contacted;
(v) A statement that the complaining party has 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; and
(vi) A statement that the information in the notification is
accurate, and under penalty of perjury, that the complaining party
is authorized to act on behalf of the owner of an exclusive right
that is allegedly infringed
Copyright Agent:
Webmaster
101 N. Springhill St.
Bellefontaine, Ohio. 43311
Note: Only copyright complaints should be sent to agent. No other
communications will be accepted or responded to.
For communications on other matters, please contact Service Provider
as described on the Website, or e-mail
webmaster@wingdreams.com
5. MERCHANDISE SOLD ON OR THROUGH THE WEBSITE:
Neither Service Provider nor its third party service providers make
any warranties with respect to any of the merchandise, products,
and/or services featured, mentioned, or sold by others on or through
the Website. Transactions for any such item shall be between the
user and the third party seller, without any involvement of Service
Provider or its third party service providers. You agree that
Service Provider and its third party service providers are not
responsible, and shall have no liability to you, with respect to
merchandise, products, and/or services featured, mentioned, or sold
by others on or through the Website, including illegal, offensive or
illicit items, even items that violates this Agreement.
6. INDEMNIFICATION:
You agree to indemnify Service Provider and its affiliates,
employees, agents, representatives and third party service
providers, and to defend and hold each of them harmless, from any
and all claims and liabilities (including attorneys fees) which may
arise from your submissions, from your unauthorized use of material
obtained through the Website, or from your breach of this Agreement,
or from any such acts through your use of the Website.
7. EDITING AND DELETIONS:
Service Provider reserves the right, but undertakes no duty, to
review, edit, move or delete any material provided for display or
placed on the Website or its bulletin boards, in its sole
discretion, without notice.
8. ADDITIONAL RULES:
Service Provider reserves the right to post, from time to time,
additional rules of usage that apply to specific parts of the
Website. Such additional rules will be posted in the relevant parts
of the Website. Your continued use of the Website constitutes your
agreement to comply with these additional rules.
9. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY:
YOU ACKNOWLEDGE THAT YOU ARE USING THE WEBSITE AT YOUR OWN RISK. THE
WEBSITE IS PROVIDED "AS IS", AND THE SERVICE PROVIDER, ITS
AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS HEREBY EXPRESSLY
DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT
NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE,
MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE
OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION,
WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT
LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED
THEREIN OR PROVIDED BY THE WEBSITE. SERVICE PROVIDER, ITS
AFFILIATES, AND ITS THIRD PARTY SERVICE PROVIDERS DO NOT REPRESENT
OR WARRANT THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR THAT
THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF
TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON
THE WEBSITE.
SERVICE PROVIDER, ITS AFFILIATES AND ITS THIRD PARTY SERVICE
PROVIDERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY
DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES
ALLEGEDLY SUSTAINED ARISING OUT OF THIS AGREEMENT, THE PROVIDING OF
THE WEBSITE HEREUNDER, THE SALE OR PURCHASE OF ANY GOODS OR
MERCHANDISE, YOUR ACCESS TO OR INABILITY TO ACCESS THE WEBSITE,
INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE
WEBSITE, YOUR USE OF OR RELIANCE ON THE WEBSITE OR ANY OF THE
MERCHANDISE, INFORMATION OR MATERIALS AVAILABLE ON THE WEBSITE,
REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF
ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME
STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO
YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
YOU HEREBY AGREE TO RELEASE SERVICE PROVIDER, ITS AFFILIATES AND
THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE
DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND
DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN
AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED
("CLAIMS"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF
THIS SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA
CIVIL CODE SECTION 1542, WHICH STATES, IN PART: "A GENERAL RELEASE
DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR
SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE,
WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT
WITH THE DEBTOR".
10. TERMINATION OR SUSPENSION OF ACCESS TO THE WEBSITE:
Service Provider has the right to terminate and/or suspend your
ability to access the Website or any portion thereof, for any or no
reason, without notice.
11. JURISDICTION:
Service Provider makes no representation that materials on the
Website are appropriate, available or legal in any particular
location. Those who choose to access the Website do so on their own
initiative and are responsible for compliance with local laws, if
and to the extent local laws are applicable.
You agree that this Agreement, for all purposes, shall be governed
and construed in accordance with the laws of the State of New York
applicable to contracts to be wholly performed therein, and any
action based on, relating to, or alleging a breach of this Agreement
must be brought in a state or federal court in New York, NY. In
addition, both parties agree to submit to the exclusive personal
jurisdiction and venue of such courts.
12. AUCTIONS:
We may at times offer auctions on the Website; should we do so, we
may use third-party service provider(s) to administer the auctions.
If so, you must agree to such third party's user agreements,
contracts and rules pertaining to the use of its service. Neither
Service Provider nor its auction service provider(s) have any
control or assume responsibility for the quality, safety or legality
of the items advertised. We provide a venue to bring buyers and
sellers together over the Internet. If you participate in auctions
on the Website, please note that Service Provider does not
participate and does not have any control over or assume any
responsibility or liability for the quality, safety or legality of
the items advertised, the truth or accuracy of the listings, the
ability of sellers to sell items, or the functionality of the
auction services.
13. ASSOCIATED PRESS:
The following provision applies to all visitors to the Website
(which shall include persons and representatives of legal entities,
whether such representatives are persons or digital engines of any
kind that crawl, index, scrape, copy, store or transmit digital
content). By accessing this Website, you specifically acknowledge
and agree that: (i) Associated Press text, photo, graphic, audio
and/or video material shall not be published, broadcast, rewritten
for broadcast or publication or redistributed directly or indirectly
in any medium; (ii) no Associated Press materials nor any portion
thereof may be stored in a computer except for personal and
non-commercial use; (iii) the Associated Press will not be held
liable for any delays, inaccuracies, errors or omissions therefrom
or in the transmission or delivery of all or any part thereof or for
any damages arising from any of the foregoing; (iv) the Associated
Press is an intended third party beneficiary of these terms and
conditions and it may exercise all rights and remedies available to
it; and (v) the Associated Press reserves the right to audit
possible unauthorized commercial use of Associated Press materials
or any portion thereof at any time.
If you don't agree to the terms contained in this Agreement, please
exit the Website by clicking the Back button on your browser to
return to the previous page.
