Last updated: May 15, 2007
Welcome! By using Winzy’s search engine or other Winzy services (the “Service”), you agree to be bound by the following Terms of Service (“TOS”). The TOS may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://help.winzy.com/docs/tos.html. In addition, when using particular Winzy owned or operated services, you shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules (including but not limited to our Sweepstakes Rules) are hereby incorporated by reference into the TOS. Winzy may also offer other services that are governed by additional Terms of Service.
Rules for Winzy Sweepstakes
The rules for winning prizes change from time to time. Click here for Sweepstakes Rules.
General Terms of Service and Restrictions on Use of Materials
In order to permit Winzy to protect the quality of its products and services, you hereby consent to Winzy employees being able to access your account and records on a case by case basis to investigate complaints or other allegations or abuse. Winzy shall not disclose the existence or occurrence of such an investigation unless required by law.
Your Registration Obligations
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You certify that you are an individual, that you are 13 of age or older, and that you are a resident of the United States, United Kingdom or Canada (except residents of Quebec).
You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Winzy has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Winzy has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
Personal Use Only
The Service is made available for your personal, non-commercial use only. You may not use the Service to sell a product or service, or to increase traffic to your Web site for commercial reasons, such as advertising sales. You may not take the results from a Winzy search and reformat and display them, or mirror the Winzy home page or results pages on your Web site. You may not send automated queries of any sort to Winzy’s system without express written permission in advance from Winzy. Note that “sending automated queries” includes, among other things, using any software which sends queries to Winzy, performing the same search several times in a row, “meta-searching” and performing “offline” searches on Winzy. If you want to make commercial use of the Service, you must enter into an agreement with Winzy to do so in advance.
Winzy Member Code of Conduct
Winzy provides tools to encourage you to invite people to use Winzy. We encourage you to invite people you know via email, to invite people that visit your website and/or weblog via a Winzy referral link, or to invite people via other user-friendly and legal practices. We do not encourage you to send email to people you do not know (i.e. SPAM) or to post your Winzy link in Internet communities where it may be considered a “SPAM” posting by members of that community. You may not refer yourself under different email aliases in order to increase your chances of winning prizes on Winzy. We reserve the right to disqualify and remove any Winzy registrants for engaging in fraud or any action or practice that reflects poorly on Winzy or otherwise disparages or devaluates Winzy’s reputation or goodwill.
Disclaimer
Winzy will use its best efforts to maintain the Service, but Winzy is not responsible for any defects or failures associated with the Service or any damages (such as lost profits or other consequential damages) that may result from any such defects or failures. In addition, Winzy makes no guarantees as to the sites and information located worldwide throughout the Internet to which you may access as a result of the use of the Service, including as to: (i) the accuracy, currency, content, or quality of any such sites and information, or (ii) whether any search using the Service may locate unintended and objectionable content.
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:
The Service is provided ‘as is’ and you use it at your sole risk. Winzy expressly disclaims to the fullest extent of the law all express, implied, and statutory warranties of any kind, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. Winzy disclaims any warranties regarding the security, reliability, timeliness, and performance of the services. Winzy and its licensors, disclaim any warranties for any information or advice obtained through the services.
Winzy and its licensors disclaim any warranties for services or goods received through or advertised on the Service or received through any links provided by the Service, as well as for any information or advice received through any links provided in the information. Prizes won from Winzy are also provided ‘as is’ and you use it at your sole risk. Winzy expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Without limitation, Winzy makes no warranty that the Service will meet your requirements, that it will be uninterrupted, timely, secure, or error-free, that the results obtained from the use of the Service will be accurate or reliable, or that the quality of any products, services, information, or other material obtained through the Service will meet your expectations. Winzy disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the Service.
Further, please note that no advice or information obtained by you from Winzy personnel or through the Winzy Service shall create any warranty not expressly provided for in these terms of service.
Limitation of Liability
You expressly understand and agree that Winzy shall not be liable for any direct, indirect, incidental, special consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if Winzy has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Winzy service and/or participate in the Winzy sweepstakes; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the Winzy service or operation of the Winzy sweepstakes. In no event shall Winzy’s total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise) exceed the amount paid by you, if any, for accessing this site.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. You may also have other rights that vary from state to state and jurisdiction to jurisdiction.
Indemnification
You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities which occur under your account. You agree to indemnify, defend and hold harmless Winzy, LLC, their parents, affiliates and subsidiary companies, officers, directors, employees, consultants, licensors, and agents from any and all third party claims, liability damages and/or costs (including, but not limited to, attorney fees) arising from your use of our services, your violation of the terms of service or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. You agree to immediately notify Winzy of any unauthorized use of your account or any other breach of security known to you.
Termination and modification
You agree that Winzy, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Winzy Service, and remove and discard any Content within the Winzy Service, for any reason, including, without limitation, for lack of use or if Winzy believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Service. Winzy may also in its sole discretion and at any time discontinue providing the Winzy Service, or any part thereof, with or without notice. Subject to any rights you may have under the Sweepstakes Rules, you agree that any termination of your access to the Winzy Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Winzy may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Winzy Service. Further, you agree that Winzy shall not be liable to you or any third-party for any termination of your access to the Winzy Service.
Governing Laws in Case of Dispute
These Terms or Service will be governed by and construed in accordance with the laws of the State of California as contracts entered into in that state, without giving effect to its conflict of laws provisions or your actual state or country of residence. 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 Santa Clara County in the State of California and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the reminder of the Terms of Service will continue in full force and effect.
We recognize the global nature of the Internet. You agree to comply with any and all local laws or rules regarding your conduct online including the downloading of documents that may be prohibited under laws that apply to your country of residence.
Integration
These Terms of Service constitute the entire agreement between you and Winzy, its parents, affiliates, and subsidiaries with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by Winzy. The Terms or Service will inure to the benefit of Winzy’s successors, assigns and licensees.
Copyright and Copyright Notices
Winzy respects the intellectual property of others, and we ask our users to do the same. Winzy may, in appropriate circumstances and at its discretion, terminate the accounts of users who infringe the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please read our DMCA policy.
Privacy Policy
Click here to review Winzy’s Privacy Policy.
