Date of last update: March 2, 2020.
Thank you for visiting the WinCan Site. We invite you to read these Terms of Use and our Privacy Policy published at www.wincan.com, which is incorporated by reference into these Terms of Use. These Terms of Use apply to the WinCan website at www.wincan.com (hereinafter referred to as « the Site »).
Unless otherwise indicated, the Site is the property of the company WinCan and its licensors. Use of the Site implies full acceptance of these Terms of Use, our Privacy Policy and all relevant laws and regulations. If the User does not accept these Terms of Use, he must not use the Site.
The Site is not intended for children under the age of 18 and no person who does not meet this age condition is authorized to use it. By using the Site, the User declares to be over 18 years of age. By accessing or using the Site, the User also declares that he is of full age and has the legal capacity to conclude contracts and, failing to be of full age, he declares having obtained the consent of his parents or legal guardians for accept these Terms of Use.
WinCan reserves the right to change, modify, add or delete elements of these Terms of Use, at its sole discretion and at any time. The User is invited to periodically consult these Terms of Use as to the modifications which have been made to them. Continued use of the Site after publication of the modifications implies acceptance of the said modifications and consent to them.
You are invited to read our Privacy Policy to know how we collect, use and disclose information from our users. In addition, by using the Site, the User acknowledges and accepts the fact that the transmission of data over the Internet is never completely confidential or perfectly secure. The User is aware of the fact that the data transmitted to or via the Site may be intercepted by a third party, and the users assume the risk of breach of the security of the data and all the consequences which ensue therefrom. Please do not send us confidential personal data.
Unless otherwise indicated, all of the texts, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, design and computer codes (collectively referred to hereinafter as “Content”), including, among others, design design , the structure, selection, coordination, expression, « appearance and impressions » and arrangement of the Content on the Site are the property of the company WinCan, are controlled or licensed by or to WinCan and are protected under the legal provisions relating to commercial law, copyright, patents and trademarks and under various other laws relating to intellectual property.
Unless expressly stated in these Terms of Use, no part of the Site or any content may be copied, reproduced, republished, downloaded, posted, publicly displayed, encoded, translated, transmitted or disseminated in any way on any any other computer, server, website or other data medium for publication or dissemination, or used for any commercial purpose, without the express prior written permission of WinCan.
The User acknowledges having taken note of the fact and agreeing that all the declarations, opinions, comments or suggestions that he is likely to transmit in relation to the Site and any of our products and services, either directly or indirectly ( for example, through the use on the social media website of a third party of a hashtag designated by the company) (collectively referred to below as « the statements »), are not confidential and are not reserved by the law, that they are considered as public information, that they can be shared with others on other sites and platforms and that they are transmitted by the User in accordance with these Terms of Use. Data transmitted by the User such as notice, comments or suggestions will be the exclusive property of WinCan and the User hereby irrevocably transfers all of its rights, titles and shares which it holds in all types of data transmitted, and WinCan will have unlimited, irrevocable, worldwide and royalty-free, to communicate, to reproduce, to publish, to display, to distribute and to exploit the data thus transmitted according to the methods that it will decide. With regard to all other data transmitted, the User hereby grants WinCan an irrevocable, worldwide and perpetual license to use the data transmitted in the manner provided for in these Terms of Use. titles and shares that it holds in all types of transmitted data, and WinCan will have the unlimited, irrevocable, worldwide and royalty-free right to communicate, reproduce, publish, display, distribute and exploit the data thus transmitted in the manner it decides. With regard to all other data transmitted, the User hereby grants WinCan an irrevocable, worldwide and perpetual license to use the data transmitted in the manner provided for in these Terms of Use. titles and shares that it holds in all types of transmitted data, and WinCan will have the unlimited, irrevocable, worldwide and royalty-free right to communicate, reproduce, publish, display, distribute and exploit the data thus transmitted in the manner it decides. With regard to all other data transmitted, the User hereby grants WinCan an irrevocable, worldwide and perpetual license to use the data transmitted in the manner provided for in these Terms of Use.
The transfer of data by the User implies the guarantee and the assurance that the User has the sufficient number of licenses and / or other rights on the contents to allow any type of use which could be required by WinCan.
Within the framework of the use of the Site, the User undertakes to refrain from:
Any behavior by the User which, in our sole discretion, restricts or prevents another User from using the Website is expressly prohibited.
WinCan reserves the right, at any time, and without notice, to: (1) modify, suspend or prohibit the use or access to the Site, or any part or any content thereof, for any reason whatsoever is ; (2) modify or change the Site, or any part of it, and all applicable principles and conditions; and (3) stop the operation of the Site or any part of it, if this is necessary to carry out normal or other maintenance, rectification of errors or other changes.
We do not allow activities that infringe copyright or intellectual property rights on the Site and we will remove any such content if it is duly reported that it infringes another person’s intellectual property rights . If the User is the owner or agent of the owner of the copyright and considers that content infringes his copyright, he is entitled to notify it in accordance with the provisions of Digital Millennium Copyright Act by providing in writing to our copyright agent the following (for more details, see Title 17 of the Code of the United States of America 512 (c) (3)):
The user can contact our copyright agent by e-mail at: mail@wincan.com or by post to WinCan, through the marketing and communications department at WinCan by writing to following address: 300 Cedar Ridge Dr., Suite 308, Pittsburgh, PA 15205, USA or Irisweg 12, Murten 3280, Switzerland.
Upon receipt of this notification, we will review and, if necessary, delete the affected item. The results of the survey will be communicated to the User.
Our Site may contain links to other sites for convenience or for User information, and the User may access our Site from another site or by clicking on a WinCan advertisement ( » Linked sites ”). These linked sites are not the responsibility of WinCan and WinCan cannot be held responsible for the content of these linked sites and does not endorse their content.
THE SITE AND ALL THE CONTENT THAT IT OFFERS ARE PROVIDED « AS IS, AS AVAILABLE ». ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ALL WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXCLUDED HEREIN TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW.
The above disclaimer applies to any damage, liability or infringement, whether it is a breach of contract, a tort, negligence or any other cause for action. in justice.
*** EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT AND UNDER ANY LEGAL THEORY, WHETHER IT IS A CRIME (INCLUDING NEGLIGENCE), AN CONTRACT OR OTHER LEGAL INSTRUMENT, WINCAN OR ITS SELLERS, THIRD PERSONS, LICENSORS OR SUPPLIERS ARE NOT RESPONSIBLE FOR THE USER OF DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, CONSEQUENTIAL DAMAGES, DAMAGES, INCIDENTAL OR PUNITIVE PUNISHMENT, MUNICIPALITY, PUNISHMENT OR MUNICIPALITY. OF THE POSSIBILITY OF MANIFESTATION OF SUCH LOSSES OR SUCH DAMAGES. TO THE WIDEST EXTENT PERMITTED BY LAW, TOTAL RESPONSIBILITY OF WINCAN TO THE USER FOR ANY DAMAGE (DIRECT OR OTHER) OF ANY PENALTY OR LOSS, Whatever the form of action or claim, does not WILL NOT EXCEED 5 AMERICAN DOLLARS (FIVE US DOLLARS).
BY ACCESSING THE SITE, THE USER ACKNOWLEDGES THAT IT IS LIKELY TO WAIVE ITS RIGHTS WITH REGARD TO REQUESTS WHICH, AT THIS MOMENT, ARE UNKNOWN TO IT OR ARE NOT SUSPECTED. THEREFORE, THE USER AGREES TO WAIVE THE BENEFIT ARISING FROM ANY LAW, INCLUDING, IN THE RELEVANT SCOPE, OF THE PROVISIONS OF ARTICLE 1542 OF THE CIVIL CODE OF CALIFORNIA, WHICH, IN THE EVENT OTHERWISE, MAY LIMIT HIS WAIVER SUCH REQUESTS.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or accidental damage, so these limitations may not apply to the User.
Public liability
The User agrees to indemnify and release WinCan from all liability in the event of claims, losses, liabilities, claims or expenses (including attorney fees) made against WinCan by third parties due to or in relationship with: (1) User access to the Site or use of the Site; (2) violation by the User of these Terms of Use or any applicable law or regulation; (3) violation by the User of the rights of third parties; or (4) disputes or disputes between the User and third parties.
WinCan may disclose any information held on the User (including the identity of the latter) if it considers that such disclosure is necessary in the context of an investigation or a complaint concerning the use of the Site by the User under consideration, or to identify, contact or take legal action against a person suspected of causing damage or violating (intentionally or unintentionally) the rights or property of WinCan, or the rights or property of visitors to the Site or its Users. WinCan reserves the right to disclose at any time any information it deems necessary to comply with any applicable law, regulation, legal proceeding or request of the government.
The User accepts that WinCan may, at its sole discretion, without notice and in the appropriate scope, terminate the User’s access to the Site and / or block the User’s access to the Site to the future if WinCan finds that it has violated these Terms of Use or other contracts or recommendations that may be related to its use of the Site. The User also accepts that – in the event that following the User’s violation of these Terms of Use, WinCan suffers irreparable damage for which pecuniary damages would be inadequate, the User accepts that WinCan obtains measures provisional by injunction or that WinCan seeks to obtain a fair remedy which it considers necessary or appropriate in the circumstances.
The User accepts that all questions relating to his access to the Site or the use of this one, including any litigation, are governed by the laws of the United States and by the laws of the State of New Jersey, United States of America, excluding: (1) conflict of law rules of this law to the extent that such rules or statutory provisions require or permit the application of the laws of any country other than the State from New Jersey; and (2) the United Nations Convention on Contracts for the International Sale of Goods.
To the fullest extent permitted by law and in accordance with the stipulations of the relevant contract, the language applicable for the legal purposes of these Terms of Use is English, and all translations that the User has received or which are available on the Site are provided only for the convenience of the User. To the full extent permitted by law, in accordance with these Terms of Use, all correspondence and communications between the parties are in English.
PLEASE READ THIS SECTION CAREFULLY AS IT REQUIRES THE USER TO RESOLVE CERTAIN QUESTIONS RELATING TO DISPUTES AND CLAIMS WITH WINCAN AND LIMITS THE USER’S POSSIBILITY OF CLAIMING DAMAGES AND INTEREST TO OUR COMPANY.
In the event of a dispute between the parties arising from these Terms of Use, and in the event that the dispute cannot be resolved by negotiation, the parties will first attempt to resolve the dispute in good faith through the mediation of the ‘American Arbitration Association, in accordance with its commercial mediation procedures. If the dispute cannot be resolved by this mediation, it will be submitted to the American Arbitration Association for arbitration in accordance with its commercial arbitration rules, and the decision on the award rendered by the arbitrator may be brought before any local competent court. The party that wins in such a dispute is entitled to the reimbursement of its costs and expenses, including attorneys’ fees, by the other party. The place of mediation or arbitration is the city of New York,
Notwithstanding the preceding paragraph, both parties agree that nothing in this document has the effect of waiving, excluding or in any way limiting our right to: (i) bring an individual action in court competent for small claims, (ii) if necessary, carry out enforcement activities through the competent American federal, state or local agencies, (iii) request an injunction before a US court, or ( iv) institute legal proceedings before the court competent to resolve disputes relating to infringement of intellectual property.
To the extent that legal action or proceedings are authorized under these Terms of Use, the User agrees to submit to the personal and exclusive jurisdiction of the state and federal courts located in the State of New Jersey to resolve any such dispute.
All complaints arising from these Terms of Use must be filed within 1 (in full: one) year following the birth of the cause of action or the prescription of the claim or cause of action. The User accepts that computer records and electronic evidence are admissible in all disputes relating to this document. THE USER ACCEPTS THAT, WITH REGARD TO ANY DISPUTES RELATING TO THESE TERMS OF USE, NO CLASS ACTION CAN BE MADE OR SUPPORTED.
WinCan is headquartered in the United States. Although the WinCan Site is available worldwide, all functions, products or services presented, mentioned, provided or offered by or on the Site are not available to all people or in all geographic areas, or are not not suitable or available for use outside the United States. If the User chooses to access the Site from a country other than the United States, he does so on his own initiative and remains solely responsible for compliance with applicable local laws.
The user may keep these Terms of Use in writing by printing them and attaching them to its documentation and, at the same time, the User waives any other requirement that these Terms of Use should be given in writing. The User is prohibited from using, exporting or re-exporting any content, copying or adapting any content, or any product or service offered on the Site, in violation of any applicable law or regulation, including, US export laws and regulations.
All the stipulations of these Terms of Use are separable, and the inapplicability or nullity of one of them will not affect the applicability or the validity of the other stipulations. These Terms of Use, as well as the Privacy Policy and any other legal provision and notifications published by WinCan, constitute the entire agreement between the User and WinCan regarding the use of the Site. The fact that WinCan does not require or impose strict compliance with these Terms of Use cannot be considered as a waiver on its part of any provision whatsoever or of the right to apply these Terms use. Any such waiver must be made in writing to be effective.
The parties declare that they require that these Terms of Use and all related documents, present or future, be drawn up only in the English language .
In accordance with the provisions of section 1789.3 of the California Civil Code, Users of the California Site are entitled to the following specific information on consumer rights: The complaints and claims department of the California Department of Consumer Services can be contacted in writing at: 1625 N. Market Blvd, Suite N 112, Sacramento, California 95834 or by phone at (800) 952-5210.
Questions and contact information
Please contact us if you have any questions regarding these Terms of Use. You can contact us by sending an email to the address: mail@wincan.com or by sending a postal letter to one of the following addresses:
Irisweg 12, Murten 3280, Switzerland
or :
300 Cedar Ridge Dr., Suite 308, Pittsburgh, PA 15205, USA
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