1. General and Acceptance
In order to participate in certain WIN.GOP Services, you may be required to agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the WIN.GOP Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement as an integral part hereof.
WIN.GOP may modify this Agreement from time to time and such modification shall be effective upon posting by WIN.GOP on the Website. You agree to be bound to any changes to this Agreement when you use the WIN.GOP Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Use of the WIN.GOP Services is void where prohibited. By using the WIN.GOP Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of the WIN.GOP Services does not violate any applicable law or regulation. Your profile may be deleted and your account may be terminated without warning, if we believe that you are less than 13 years of age.
Minors are not allowed to purchase Win.GOP Services or any Applications (as defined below). Accordingly, by purchasing such services the user declares and represents that he/she is more than 18 years of age and that he/she has full legal capacity to complete such contractual action without need for any additional approvals or consents.
3. Provided Services
Subject to full compliance with the Terms of this Use Agreement, WIN.GOP shall provide certain services, as described more fully on the Website ("Services"). Services may include, but not be limited to, the formation, designing, storage, management, sharing and linking of media and/or document files (including, but not limited to text, user comments, messages, information, data, graphics, photographs, images, illustrations, animations, software, audio and video, also collectively known as the "Content"). Please note that part of the Services (or special features) may be provided only to Users who subscribe for such Services and WIN.GOP may charge fees for such Services. The Services are provided by WIN.GOP AS IS and WIN.GOP assumes no responsibility for any failure in providing the Services to the Users.WIN.GOP may change, suspend or discontinue any or all of the Services or any Content for any reason, at any time, including the availability of any feature or part of the Content at its sole discretion. WIN.GOP may also impose limits on all or any of the Services or restrict your access to parts or all of the Services without notice or liability. WIN.GOP may charge fees for the use of the Services or part of them and may include the WIN.GOP logo or other commercial content in any WIN.GOP product or image or webpage including such which have been created by users unless stated otherwise. Services provided by WIN.GOP (as defined on the Website) are provided according to the provisions of this Agreement and the specific commercial provisions and policies (including Cancellation Terms, Refund Policy etc.) as detailed on the Website, and such provisions and policies as may be amended or changed from time to time, are incorporated herein by reference and shall be considered as an integral part hereof.
4. General Undertakings
You accept sole responsibility for all of your activities using the Website, including your conduct on the site and any and all content you may submit, post or share via the Website. You will not use the WIN.GOP services for any unauthorized or illegal purpose. You will be responsible for ensuring that you do not violate any laws of your jurisdiction, including but not limited to copyright laws. You will not upload or transmit viruses, worms or any other destructive code.
5. The WIN.GOP Website
6. Website Access
7. Third Party Content
Third Party Content: WIN.GOP may provide on the Website (including in the editor and/or in templates offered to the Users) certain content such as pictures, fonts, graphical items which are subject to proprietary rights of third parties ("Third Party Content"). You acknowledge and agree that WIN.GOP shall have the right, at any time, at is sole and exclusive discretion to: (i) remove from the WIN.GOP Website and/or disable access to such Third Party Content; or (ii) demand that you immediately remove such Third Party Content from any website or other web platform created and/or published by you on the WIN.GOP Website ("Your WIN.GOP Content"). If you do not obey to such instructions, and you do not remove the Third Party Content from Your WIN.GOP Content within no later than 24 hours from the time on which WIN.GOP provided you the relevant notice, WIN.GOP SHALL HAVE THE RIGHT TO DISABLE THE ACCESS TO YOUR WIN.GOP CONTENT AND/OR DELETE IT AT ITS SOLE AND EXCLUSIVE DISCRETION, WITH NO LIABILITY TO WIN.GOP, AND YOU SHALL NOT BE ENTITLED TO ANY REIMBURSEMENT OF ANY AMOUNT PAID BY YOU TO WIN.GOP.
To remove any doubt it is hereby made clear that the provisions of this section above shall apply to any content provided to Users on the Website and which WIN.GOP requires its removal for any reason.
You shall: (i) not take any action of reverse engineering, decompiling or disassembling of any Third Party Content in a manner that enables Users to download such Third Party Content; (ii) not make any modification, duplicate, distribute, display, sublicense, retransmit, reproduce, create derivative works from, transfer, sale or other use of any Third Party Content, except as specifically provided and allowed by WIN.GOP; and (iii) use the Third Party Content in a manner consistent with the restrictions set forth in the Website and as may be updated from time to time.
8. Online Sharing through Third Party Services
WIN.GOP enables you to share your creations and/or User Content (as defined below) through third party websites, blogs, email or other systems. When sharing your creations through third party services you shall continue to comply with all provisions of this Agreement. You are also required to comply with the terms of any of the services through which you are sharing your creation.
9. Third Party Services
You are fully aware of the fact that WIN.GOP shall not have any responsibility or liability with regard to any third party services used by you on or through your WIN.GOP formed web content, such as payment and e-commerce services, and any use of such third party services shall be at your own responsibility and liability. You further acknowledge that the providence of technical ability to link to such services (such as the possibility of a 'PayPal' button), is provided only as part of the Services but shall not be deemed as to create any liability or responsibility on behalf of WIN.GOP.
General: WIN.GOP may offer its Users through the Website (including as part of templates offered by WIN.GOP) various applications and professional services that can be used in conjunction with or as part of the web Content created by Users ("Applications"). Applications may be provided and operated by WIN.GOP or by third-parties not affiliated with WIN.GOP. The provider of each Application is clearly identified in the Website or, in event of Application embedded into templates, can be easily identified by the Users. You agree that WIN.GOP is not responsible for any Application that is offered by any source other than WIN.GOP.
Additionally, some Applications may be made available to Users at no charge while the use of other Applications or certain features or abilities of Applications may require payment. The purchase and/or the use of Applications are offered only to WIN.GOP Users. Accordingly, if You are not registered as a WIN.GOP User or if your WIN.GOP account has been suspended, you will not be able to purchase or use Applications.
Applications may be provided to Users by WIN.GOP as an integral part of a template offered on the WIN.GOP Website. In such event, the User using such template shall be notified in a manner determined by WIN.GOP that it includes a third party Application and that the use of such template may require the purchase of such Application and/or consent to terms and conditions determined by the provider of the Application.
11. Fees and Payment
Some of the Services offered on the Website, now or in the future, may require payment of fees ("Charged Services"). If you elect to sign up for Charged Services, you shall pay all applicable fees, as described on the Website in connection with such Charged Services selected by you. WIN.GOP reserves the right to change its prices at any time. You authorize WIN.GOP directly or through third parties, to make any inquiries it considers necessary to validate your account and financial information that you provided while signing up for such Services.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. You agree to pay any such taxes that might be applicable to your use of the Services and payments made by you to WIN.GOP.
All fees related to using Charged Services are charged automatically using the payment method as determined in the Website. If WIN.GOP does not receive a request by the user, through the managed section under WIN.GOP Website, for Charged Services termination you acknowledge and understand that WIN.GOP will continue to charge you for the Charged Services as long as your account remains active regardless if the Charged Services are used or not.
If, at any time, you contact your bank or credit card company and decline or otherwise reject the charge of any payable fees, this act will be considered a breach of your obligation hereunder and your use of the Charged Services will be automatically terminated. Your use of the Charged Services will not resume until you re-subscribe for any such Charged Services.
Users purchasing Charged Services shall pay any and all prices and fees due for such Services. All prices and fees are non-refundable unless otherwise expressly noted, even if such Charged Services are suspended, terminated, or transferred prior to the end of the Services term. WIN.GOP expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted online at the Website and effective immediately without need for further notice to any user. Any changes or modifications in prices and fees shall be effective when the Services in question come up for renewal as further described below.
IN ORDER TO ENSURE THAT YOU DO NOT EXPERIENCE AN INTERRUPTION OR LOSS OF SERVICES, MOST SERVICES OFFER AN AUTOMATIC RENEWAL OPTION. THE AUTOMATIC RENEWAL OPTION AUTOMATICALLY RENEWS THE APPLICABLE SERVICE FOR A RENEWAL PERIOD EQUAL IN TIME TO THE ORIGINAL SERVICE PERIOD. FOR EXAMPLE, IF YOUR ORIGINAL SERVICE PERIOD IS FOR ONE YEAR, YOUR RENEWAL PERIOD WILL BE FOR ONE YEAR. WHILE THE DETAILS OF THE AUTOMATIC RENEWAL OPTION VARY FROM SERVICE TO SERVICE, THE SERVICES THAT OFFER AN AUTOMATIC RENEWAL OPTION TREAT IT AS THE DEFAULT SETTING. THEREFORE, UNLESS YOU CANCEL YOUR SUBSCRIPTION WIN.GOP WILL AUTOMATICALLY RENEW THE APPLICABLE SERVICE WHEN IT COMES UP FOR RENEWAL, AND WILL TAKE PAYMENT FROM THE PAYMENT METHOD YOU HAVE ON FILE WITH WIN.GOP AT WIN.GOP’S THEN CURRENT RATES, WHICH YOU ACKNOWLEDGE AND AGREE MAY BE HIGHER OR LOWER THAN THE RATES FOR THE ORIGINAL SERVICE PERIOD. YOU MAY CANCEL YOUR SUBSCRIPTION FROM SUCH SERVICES PRIOR TO THE AUTOMATIC RENEWAL AT ANY TIME. IN SUCH EVENT THE SERVICES SHALL BE DISCONTINUED UPON THE EXPIRATION OF THE RESPECTIVE PERIOD YOU HAVE PAID FOR AND YOU SHALL NOT HAVE ANY CLAIMS TOWARDS WIN.GOP IN RELATION TO THE DISCONTINUATION OF THE SERVICES.
12. Ownership of Content
WIN.GOP does not have the ability to determine the actual owner of content created and/or uploaded to the Website. Accordingly:
WIN.GOP shall not provide any information and/or details regarding any content created or uploaded to the Website other than to the owners of such content as determined above.
13. Cancellation & Money Back
The WIN.GOP Charged Services are provided on a prepay basis. WIN.GOP users may decide to discontinue their use of any Charged Services at any time. Such cancellation is done by the users themselves on the WIN.GOP Website and according to the instructions posted therein. The date and time of any cancellation of the use of any Charged Services shall be the date and time on which the user has completed the cancellation process on the WIN.GOP Website.
WIN.GOP will only refund you according to its Money Back Guaranty Policy. WIN.GOP offers a 14-day money back guaranty ("Guaranty Period"). In case you are not satisfied with any of the Charged Services you have acquired and you have provided a cancellation notice, you can submit a refund request in accordance with our Money Back Guaranty Policy, as may be amended from time to time, within the Guaranty Period in order to receive full refund. WIN.GOP will not refund any amounts paid after the elapse of the Guaranty Period.
YOU ACKNOWLEDGE THAT CERTAIN SERVICES PURCHASED ON OR THROUGH THE WEBSITE (INCLUDING PURCHASE OF APPLICATIONS) MAY BE NON-REFUNDABLE. THE TERMS OF EACH PURCHASED SERVICE OR APPLICATION ARE INDICATED IN THE WEBSITE AND/OR AS PART OF OR DURING THE PROCESS OF PURCHASING SUCH SERVICES OR APPLICATION. IT IS YOUR OBLIGATION TO VERIFY YOUR ABILITY TO CANCEL A SERVICE PRIOR TO PURCHASING ANY CHARGED SERVICE. WIN.GOP WILL NOT REFUND ANY AMOUNTS PAID FOR NON-REFUNDABLE CHARGED SERVICES.
14. Intellectual Property Rights
The Content on the WIN.GOP Website (as defined above), except for all User Content (as defined below), is subject to copyright and other intellectual property rights under local and international laws conventions. To the best of its knowledge, WIN.GOP uses only Content which is allowed and permitted for use by the owner/s of the copyrights and other intellectual property rights therein. Content on the Website is provided to you AS IS only and it may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners (if such consent is required) (outside of a WIN.GOP document). WIN.GOP reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Content of third parties obtained through the Website for any commercial purposes. You agree not to circumvent, disable or otherwise interfere with security related features of the WIN.GOP Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the WIN.GOP Website or any of the Content therein.
15. User Content
IN CONNECTION WITH USER CONTENT, YOU FURTHER AGREE THAT YOU WILL NOT: (I) SUBMIT MATERIAL THAT IS COPYRIGHTED OR OTHERWISE SUBJECT TO THIRD PARTY PROPRIETARY RIGHTS, INCLUDING PRIVACY AND PUBLICITY RIGHTS, UNLESS YOU ARE THE OWNER OF SUCH RIGHTS OR HAVE PERMISSION FROM THEIR RIGHTFUL OWNER TO POST THE MATERIAL AND TO GRANT WIN.GOP AND/OR ANY OF ITS USERS ALL OF THE LICENSE RIGHTS GRANTED HEREIN; (II) PUBLISH FALSEHOODS OR MISREPRESENTATIONS THAT COULD DAMAGE WIN.GOP OR ANY THIRD PARTY; (III) SUBMIT MATERIAL THAT IS UNLAWFUL, OBSCENE, DEFAMATORY, LIBELOUS, THREATENING, CHILD PORNOGRAPHY, HARASSING, HATEFUL, RACIALLY OR ETHNICALLY OFFENSIVE, OR ENCOURAGES CONDUCT THAT WOULD BE CONSIDERED A CRIMINAL OFFENSE, GIVE RISE TO CIVIL LIABILITY, VIOLATE ANY LAW, ENCOURAGES USE OF DRUGS OR ALCOHOL, OR IS OTHERWISE INAPPROPRIATE; (IV) IMPERSONATE ANOTHER PERSON.
If you become aware of misuse of the WIN.GOP Services by any person, please contact WIN.GOP (according to the contact information in Section 24 below) or by email to: info@WIN.GOP.
WIN.GOP does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and WIN.GOP expressly disclaims any and all liability in connection with User Content.
COPYRIGHT. WIN.GOP DOES NOT PERMIT COPYRIGHT INFRINGING ACTIVITIES AND INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS ON ITS WEBSITE, AND WIN.GOP WILL REMOVE ALL INFRINGING CONTENT IF PROPERLY NOTIFIED THAT SUCH CONTENT INFRINGES ON ANOTHER'S INTELLECTUAL PROPERTY RIGHTS.
WIN.GOP respects the intellectual property rights of others, and it is our policy to respond to claims of alleged infringement that complies with the Digital Millennium Copyright Act (the "DMCA"). If you believe that your work has been copied in a way that infringes your copyrights, please email us at abuse@WIN.GOP and provide all relevant details, including the exact location of the material claimed to be infringing your rights, reasonable evidence of such pleaded rights, and any other information as may be required.
The details of the WIN.GOP Copyright Infringement Agent nominated according to the provisions of the DMCA, can be found at the website of the US Copyrights Office – at http://www.copyright.gov/onlinesp/list/a_agents.html.
16. Additional Prohibited Uses
You are responsible for maintaining the security of your account and content, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the website. You agree to immediately notify WIN.GOP in writing of any unauthorized uses of your account or any other breaches of security. WIN.GOP cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.You acknowledge and agree that under no circumstances will WIN.GOP be liable, in any way, for any acts or omissions by any WIN.GOP User or other third party, including any damages of any kind incurred as a result of such acts or omissions.
18. Warranty Disclaimer & Limitation of Liability
20. Events Beyond Control
Under no circumstances shall WIN.GOP be held liable for any delay or failure in this Website and/or any of the Services and/or information on the Website directly or indirectly resulting from, arising out of, relating to or in connection with events beyond the reasonable control of WIN.GOP, including, without limitation, internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties. The provisions of this paragraph are in addition to, and not intended to limit or modify, the limitation of Limitation of Liability section as stipulated above.
By registering to the WIN.GOP Website and providing your email address, you expressly agree to receive promotional content from WIN.GOP, by mail or email, from time to time. If you provide WIN.GOP with your phone number (at any stage of use of the Services), WIN.GOP shall be entitled to call you or send you promotional SMS notices from time to time. If you wish not to receive such promotional content / notices, you may notify WIN.GOP at any time.
23. BETA Test Warning
Please note that the Website is currently in its BETA version and undergoing BETA testing. You understand and agree that the Services may still contain software bugs, suffer disruptions and not operate as intended or designated. Your use of the Services at this stage signifies your understanding of and agreement to participate in the Service BETA testing.
24. Customer Service Contact
To get in touch with our Customer Service - please use any of the options listed below:
effective May 10, 2014
1. General Principles
We built WIN.GOP to enable you to create web based content for your campaign or organziation and share it with your supporters, friends and people around you. We understand you may not want everyone to have access to your information hosted at WIN.GOP; that is why we give you control of your personal content. WIN.GOP helps you share content with your supporters, friends and people around you. You choose what content you make available to the general users of WIN.GOP. WIN.GOP is based on the accumulation of user provided and/or formed content and there is an increasing amount of content being made available for WIN.GOP users. WIN.GOP sees it as its goal to help its users have as much content as possible available for their use while retaining each users privacy.
3. Collection and Providence of Information and Content
4. Billing information
5. Sharing Your Content with Third Parties
We will share your personal information with third parties only in the ways that are described in this privacy statement. We do not sell your personal information to third parties. WIN.GOP provides, as a main service, the ability of sharing created content with others — supporters, friends and people in your networks.We may provide information and/or personal user content to service providers to help us provide the services we offer. Specifically, we may use third parties to facilitate our business, such as to host the service at a co-location facility for servers, to provide you with our community blog, to send out email updates about WIN.GOP, to remove repetitive information from our user lists, to process payments for products or services and to provide you with our live chat services. In connection with these business operations, our service providers may have access to your personal information and/or content for use for a limited time in connection with these business activities. When you sign up for our services, we will share your personal information only as necessary for the third party to provide that service. We occasionally provide demonstrations of user created content that allow non-users a glimpse into the WIN.GOP world. Such content is provided in a form which protects your content from any unauthorized editing and/or changing.We may be required to disclose your personal information pursuant to lawful requests, such as subpoenas or court orders, or in compliance with applicable laws. We do not reveal information until we have a good faith belief that an information request by law enforcement or private litigants meets applicable legal standards. Additionally, we may share account or other information when we believe it is necessary to comply with law, to protect our interests or property, to prevent fraud or other illegal activity perpetrated through the WIN.GOP service or using the WIN.GOP name, or to prevent imminent bodily harm. This may include sharing information with other companies, lawyers, agents or government agencies. We may offer or provide services jointly with other companies on WIN.GOP such as when you purchase your domain name through our Website. In such case we shall provide clear disclosure of such third party's in the providence of such service on WIN.GOP, and in such case we shall be entitled to share customer information such as user ID with such third party in connection with your use of such joint services. In any case in which the ownership of WIN.GOP's business shall change, your user information may be transferred to the new owner so the service can continue operations. You will be notified via email and/or prominent notice on our Web site of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information.When you use WIN.GOP, certain information you post or share with third parties (e.g., a friend or someone in your network), such as personal information, comments, messages, photos, videos or other information, may be shared with other users. All such sharing of information is done at your own risk.
6. Communications from the Website
We will use your email address in order to send you promotional emails. If you no longer wish to receive these emails you may follow the unsubscribe instructions contained in the promotional communications which you receive.
8. Public ForumsOur Website may offer publicly accessible blogs or community forums. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them. To request removal of your personal information from our blog or community forum, contact us at: support@WIN.GOP. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why.
9. Social Media Widgets
10. Changing or Removing Content
Access and control over personal content on WIN.GOP is possible through the content editing tools. WIN.GOP users may modify or delete any of their personal content at any time by logging into their account. Any such changes will be updated immediately. Users who wish to deactivate their WIN.GOP account may do so on the My Account page. Removed information may persist in backup copies for a reasonable period of time but will not be generally available to users of WIN.GOP.If your personal information changes, or if you no longer desire our service, you may correct, update, delete/deactivate it by emailing our Customer Support at support@WIN.GOP. We will respond to your request to access within 30 days.We will retain your information for as long as your account is active or as needed to provide you services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
WIN.GOP takes appropriate precautions to protect our users' information and content. We have physical, electronic, and procedural safeguards which protect your account information and uploaded content. When you enter sensitive information (such as a credit card number) on our order forms, these transactions are processed over an industry standard SSL/TLS connection, with a minimum of 1024-bit encryption. Because email and instant messaging are not recognized as secure communications, we request that you not send private information or data to us by email or instant messaging services. If you have any questions regarding the security of WIN.GOP Website, please contact us at support@WIN.GOP.
12. TestimonialsWe post customer testimonials on our web site which may contain personally identifiable information. We do obtain the customer's consent via email prior to posting the testimonial to post their name along with their testimonial. If you wish to request the removal of your testimonial you may contact us at support@WIN.GOP.
14. Contacting the Web Site