When using Winquiry, you agree to the terms and conditions listed on this page (the "Terms of Use").
You can always check out the most current version of these Terms of Use at this page. In addition, when
using particular Winquiry Services, you shall be subject to any posted guidelines applicable to such
Services, including the Official Rules and any terms or conditions applicable to Winquiry Services
provided in conjunction with any of Winquiry's content and service partners. All such rules and
guidelines are hereby incorporated by reference into the Terms of Use. If you do not agree to these
Terms of Use please do not use the site and do not register to be a member of Winquiry. We reserve
the right, at our discretion, to change, modify, add, or remove portions of these Terms of Use at any
time. Please check these terms periodically for changes. Your continued use of the Winquiry Services
following the posting of changes to these terms (including Winquiry's Official Rules) will mean you
accept those changes.
Overview
Winquiry is a quick and easy contest that lets you win cash and prizes.
These Terms of Use apply to the contest, as well as the RSS feed, and any new products or services that we may add
in the future (collectively, "Services") unless stated otherwise.
Please be aware that Winquiry web site operates an ongoing contest. In order to register with Winquiry
and in order to paricipate in the contest, you must be 18 or older and a resident of the U.S.
and reside in the United States.
General Terms of Use, and Restrictions on Use of Materials
By using the Winquiry Services, you agree to be legally bound and to abide by the Terms of Use, just as
if you had signed this Agreement. If you do not comply with the Terms of Use at any time, Winquiry reserves
the right to terminate your access the Winquiry Services. Winquiry may discontinue or alter any aspect
of the Winquiry Services, including, but not limited to, (i) restricting the time the Winquiry Services
are available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any user's
right to use the Winquiry Services, at Winquiry's sole discretion and without prior notice or liability.
You are responsible for all charges associated with connecting to the Winquiry Services through your choice
of Internet connection methods. You are also responsible for obtaining or providing all access lines, telephone, network,
and computer equipment (including modem), or other device, necessary to access the Winquiry Services. You further
certify that you are an individual and that you are 18 years old or older.
In order to permit Winquiry to protect the quality of its products and services, you hereby consent to
Winquiry employees being able to access your account and records on a case by case basis to investigate
complaints or other allegations or abuse. Winquiry shall not disclose the existence or occurrence of such
an investigation unless required by law.
You acknowledge that the Winquiry Services contain information, software, photos, video, text, graphics,
music, sounds or other material (collectively, "Content") that are protected by copyrights, patents, trademarks,
trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and
technologies existing now or here after developed. All Content is copyrighted as a collective work under the U.S.
copyright laws, and Winquiry owns a copyright in the selection, coordination, arrangement and enhancement of
such Content. The Winquiry name and logo are trademarks of In Context, Inc. All other trademarks appearing on
the Winquiry Services are trademarks of their respective owners and are used here for identification purposes
only . Winquiry's partners may also have additional proprietary rights in the content which they make available
through the Winquiry Services. You may not modify, publish, transmit, participate in the transfer or sale,
create derivative works, or in any way exploit, any of the Content, in whole or in part, except that you may download
one copy of the materials on any single computer for your personal, non-commercial home use only, provided you keep
intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other
purpose, including use of any such material on any other web site or networked computer environment is strictly prohibited.
In the event you download software provided by Winquiry, the software, including any files, images incorporated in
or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by
Winquiry. Winquiry does not transfer title to the Software to you. You may not redistribute, sell,
decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.
Registration
If you elect to register to use the Winquiry Services, including participation in the contest,
you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Winquiry
Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update
the Registration Data to keep it accurate. If you provide any information that is untrue, inaccurate, or incomplete,
or Winquiry has reasonable grounds to suspect that such is the case, Winquiry has the right to suspend or
terminate your account and refuse any and all current or future use of the Winquiry Services (or any portion thereof).
Winquiry's Privacy Policy
Pursuant to Winquiry's privacy policy, you may opt in to allow disclosure to third parties of certain information
contained in your Registration Data or related data. We may also disclose to third parties certain information
contained in your Registration Data or related data in the good faith belief that such action is reasonably necessary
to comply with the law, legal process, or to enforce the Terms of Use or Official Rules. For more information, please
see the Official Rules.
It is our policy to respect the privacy of all users. Therefore, in addition to our Privacy Policy, we will not
monitor, edit, or disclose the contents of a user or member e-mail unless required in the course of normal maintenance
of Winquiry Services and its systems or unless required to do so by law or in the good-faith belief that such action
is necessary to: (1) comply with the law or comply with legal process served on Winquiry; (2) protect and defend
the rights or property of Winquiry; or (3) act in an emergency to protect the personal safety of our users or the
public. You shall remain solely responsible for the content of your messages.
Submissions
If at our request you send content (e.g., postings to surveys or contest) or you send us creative suggestions, ideas,
notes, drawings, or other information (collectively, "Submissions"), the Submissions shall be deemed, and shall
remain, the property of Winquiry. None of the Submissions shall be subject to any obligation of confidence on the
part of Winquiry, and Winquiry shall not be liable for any use or disclosure of any Submissions. Without
limitation of the foregoing, Winquiry shall exclusively own all now known or hereafter existing rights to the
Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the
Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.
Links
The Winquiry Services may provide, or third parties may provide, links to other World Wide Web sites or resources.
Because Winquiry has no control over such sites and resources, you acknowledge and agree that Winquiry is not
responsible for the availability of such external sites or resources, and does not endorse and is not responsible or
liable for any Content, advertising, products, or other materials on or available from such sites or resources. You
further acknowledge and agree that Winquiry shall not be responsible or liable, directly or indirectly, for any
damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods
or services available on or through any such site or resource.
DISCLAIMER
Winquiry uses diligent efforts to maintain the Winquiry Services, but Winquiry is not responsible for any
defects or failures associated with the Winquiry Services or any damages (such as lost profits or other consequential
damages) that may result from any such defects or failures. In addition, Winquiry 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 Winquiry
Services, including as to: (i) the accuracy, currency, content, or quality of any such sites and information, or (ii) whether
any search using the Winquiry Services may locate unintended and objectionable content.
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:
THE Winquiry SERVICE IS PROVIDED 'AS IS' AND YOU USE IT AT YOUR SOLE RISK. WINQUIRY 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. Winquiry MAKES NO WARRANTY THAT THE WINQUIRY SERVICES WILL MEET YOUR REQUIREMENTS, THAT IT WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE Winquiry SERVICES WILL BE
ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE
Winquiry SERVICES WILL MEET YOUR EXPECTATIONS.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE Winquiry SERVICES IS DONE AT YOUR SOLE RISK AND YOU
WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM Winquiry PERSONNEL OR THROUGH THE WINQUIRY SERVICES
SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVICED FOR IN THESE TERMS OF USE.
Disclaimer Regarding Shopping Retailers
The Winquiry Services provide shopping services to help you locate and potentially purchase products from online and
offline retailers. Winquiry does not, however, control these independent retailers and Winquiry does not provide
any assurance, warranty or guarantee of any kind that you will be satisfied with their products or services.
When shopping by means of services provided by Winquiry you acknowledge and agree that:
Winquiry does not endorse any of the products or services ("Merchandise") linked to from or through the Winquiry
Services, nor has Winquiry taken any steps to confirm the accuracy or reliability of any of the information provided
by third parties through Winquiry or their own web sites. Winquiry expressly disclaims any and all 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. We advise you to exercise your own judgment and investigate
as you deem necessary before proceeding with any online or offline transaction with any of these third parties.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Winquiry 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 Winquiry HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
(i) THE USE OR THE INABILITY TO USE THE Winquiry SERVICES AND/OR PARTICIPATE IN THE CONTEST;
(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 Winquiry SERVICES;
(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE Winquiry SERVICES; OR
(v) ANY OTHER MATTER RELATING TO THE Winquiry SERVICES OR OPERATION OF THE CONTEST. IN NO EVENT SHALL
Winquiry'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.
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 Winquiry, AFFILIATES AND SUBSIDIARY COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND
AGENTS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS
FEES) ARISING FROM YOUR USE OF OUR SERVICES, YOUR VIOLATION OF THE TERMS OF USE 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 Winquiry OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.
Termination and Modification
You agree that Winquiry, in its sole discretion, may terminate your password, account (or any part thereof) or use
of the Winquiry Services, and remove and discard any Content within the Winquiry Services, for any reason,
including, without limitation, for lack of use or if Winquiry believes that you have violated or acted
inconsistently with the letter or spirit of the Terms of Use. Winquiry may also in its sole discretion and at
any time discontinue providing the Winquiry Services, or any part thereof, with or without notice. Subject to
any rights you may have under the Official Rules, you agree that any termination of your access to the Winquiry
Services under any provision of this Terms of Use may be effected without prior notice, and acknowledge and agree
that Winquiry 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 Winquiry Services. Further, you agree that Winquiry
shall not be liable to you or any third-party for any termination of your access to the Winquiry Services.
Governing Law and Other Miscellaneous Terms
These terms shall be governed by and construed in accordance with the laws of the State of Florida, 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 Brevard
County in the State of Florida 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 you
and Winquiry relating to the subject matter herein and shall not be modified by you except in writing,
signed by both parties. The Terms of Use will inure to the benefit of Winquiry's successors, assigns and
licensees.
COPYRIGHT AND COPYRIGHT NOTICES
Winquiry respects the intellectual property of others, and we ask our users to do the same. Winquiry 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 provide Winquiry's Copyright Agent the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.