This User Agreement (the “Agreement”) is between you and Wincredibles LLC (the “Company,” “we,” “our,” or “us”), a business registered at 5611 Pleasant Falls Drive, who owns and operates the website, https://www.wincredibles.com, our mobile application (the “Wincredibles App”), made available through various app stores, including but not limited to, Apple App Store and Google Play Store, and other tools, technology, and programs associated with our website (collectively, the “Platform”), as well as services associated with or made available through the Platform including, specific goods, services, offers or contest draws (collectively, the “Services”), either directly or through third party sites. This Agreement and the Privacy Policy (collectively, the “Terms”) govern the basis upon which you can access and use the Platform and constitutes a legally binding agreement between you (the “user,” “your,” or “you”) and the Company. This Agreement applies to the extent you use the Services as a visitor, registered user, or in any other capacity permitted by these terms.
Registration data and other personally identifiable information will be collected and used by the Company consistent with our Privacy Policy, which is incorporated into this Agreement for all purposes. Please review our Privacy Policy, which governs your use of the Services. By accessing the Platform, using the Services, and registering with an account, you agree that we may collect, process, and disclose your Personal Information in accordance with our Privacy Policy.
This Agreement is between you and the Company only and not with Apple. The Company, not Apple, or any internet service or mobile network provider or any other intermediary, is solely responsible for Wincredibles App and the content on the app.
Each registration is for a single user only and the Platform, Membership use, and the Services are not intended for access or use by children, especially those under the age of twenty-one (21) or the legal age applicable in your jurisdiction to enter into a contract. If you are under the age of twenty-one (21), you may not access or use the Services or provide information to us.
By accessing the Platform and using the Services, you represent and warrant that you have the legal capacity to enter into this Agreement to fulfill your obligations set out in this Agreement.
In order to access and use certain areas or features of the Platform, you will be required to create an account and register information with us in order to create a membership (the “Membership”).
You agree to (a) provide accurate, truthful, current information, (b) maintain and promptly update, as necessary, your information, (c) be responsible for acts or omissions of any third party who has authority to access or use the Platform on your behalf, (d) not adopt a username that we, in our sole discretion, deem offensive, and (e) immediately notify Company if you discover or otherwise suspect any security breaches related to the Platform.
Membership access to your account on the Platform is accomplished with a username and password, which you will create. Your password should be kept strictly confidential to prevent unauthorized use and you are responsible at all times for maintaining the confidentiality of, and restricting access to and use of, your Platform account and password. You agree to remain liable for all actions taken under your Platform account and agree to notify the Company promptly of any unauthorized use of your account.
You may not authorize others the use of your Membership and you may not assign or otherwise transfer your Membership to any other person or entity. You also may not use any other person’s Membership. Should you suspect that any unauthorized party maybe using your Membership or Platform password, you shall notify the Company by sending an email to support@wincredibles.com.
Company shall not be liable, and you agree to be fully liable for losses, damages, liability, expenses, and fees incurred by company or a third party and agree to fully reimburse Wincredibles for any costs, expenses and damages caused by improper, unauthorized, or illegal use of your Membership and password by you or any person obtaining access to the Platform. If you provide information that is untrue, inaccurate, not current, or complete, we, in our sole discretion, may limit, suspend indefinitely, or terminate any and all current or future use of the Platform. This Platform is not available to users whose Membership has been refused, limited, suspended, or withdrawn by Wincredibles. You agree not to create an account or use the Services if the Company has previously removed you, or if you have been previously banned from use of the Services.
If the user purchases a good or service on the Wincredibles App, the user will pay an additional fee to have the purchased good(s) delivered to his/her address, given by user at the time of user’s account registration on the Wincredibles App. The United States Postal Service (USPS) will do the physical delivery of the good(s)
You as the user are responsible for the billing and shipping information being entered correctly on the Wincredibles App. If you enter the shipping address incorrectly, Wincredibles is not responsible if the purchased good is not delivered to the address correctly.
The following Services are available through any version of the Wincredibles App:
Our Draw terms are governed by the terms and conditions in our Draw Terms Policy.
It is the winner’s responsibility to determine what, if any, taxes apply, and it is your responsibility to collect, report and emit the correct tax to the appropriate tax authority. We are not responsible for determining whether taxes apply, or for collecting, reporting, or remitting any taxes arising from any winnings.
The price of the goods as displayed on our Platform are exclusive of applicable taxes and you may be charged in applicable taxes. The Company is not responsible for and shall not compensate you for any loss that occurs due to the tax rate fluctuations.
You agree that, when accessing the Platform or using our Services, you will not:
We may require, at any time, proof that you are following these rules. We reserve the right to take, or refrain from taking, any and all steps available to us, once we become aware of any violation of this Agreement, including, but not limited to, the following:
If you have violated this Agreement, then you are responsible for damages to the Company caused by your violation of this Agreement.
The Platform and the content on the Platform, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (the “Materials”), including our trademarks, service marks and logos contained in the Platform (the “Marks”), are owned by or licensed to the Company, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions.
In connection with the Services, the Platform may display certain content belonging to third parties and use of this content may be subject to a license granted by third parties to Wincredibles. You shall not reverse engineer, decompile, or disassemble such content and nothing in this Agreement shall be construed to grant you any right in relation to such content.
Materials on the Platform are provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of the respective owners.
The Company reserves all rights not expressly granted in and to the Platform and the Materials. You are expressly not authorized to do so and agree to not engaged in the use, copying, or distribution of any of the Materials other than expressly permitted by Company, including the use, copying, or distribution of either Company’s or third parties’ materials obtained through the Platform for any commercial purposes. If you download or print a copy of the Materials for personal use, you must retain all copying and other proprietary notices contained in the Materials. You agree not to circumvent, disable, or otherwise interfere with secured related features of the Platform or features that prevent or restrict use or copying of any Materials or enforce limitations on the use of the Platform or the Materials.
You will be exposed to Materials from different sources, and, as far as the applicable law allows, Wincredibles is not responsible for thew accuracy, usefulness, safety, or intellectual property rights of or relating to such Materials, and you agree and assume all liability for your use of any such Materials.
The use of any third-party application is subject to any terms and conditions provided with such third-party application and is not governed by us. We make no representations about third party applications and websites. When you access a third-party application or website, you do so at your own risk and assume all responsibility for your use of any third-party application and website. You agree that third party applications may be modified or removed by their original publisher and/or respective rights owners at any time. Wincredibles disclaims any and all liability to you or any third party.
YOU AGREE THAT THE PLATFORM, AND ALL OF ITS CONTENTS, AND EACH THIRD-PARTY WEBSITE ACCESSIBLE FROM OR THROUGH THE PLATFORM, ARE PROVIDED TO YOU "AS IS" AND “AS AVAILABLE.” WE CANNOT WARRANT THAT THE PLATFORM AND SERVICES WILL ALWAYS BE UNINTERRUPTED, PROBLEM-FREE, FREE OF OMISSION, OR ERROR-FREE.
YOU AGREE THAT YOUR USE OF OUR PLATFORM OR ANY OF OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES, DATA ACCURACY, SYSTEMS INTEGRATION, INFORMATION AND PROTECTION, OR QUIET ENJOYMENT IN CONNECTION WITH THE SERVICE AND/OR PLATFORM AND YOUR USE THEREOF.
YOU AGREE THAT COMPANY UNDERTAKES NO OBLIGATION TO VERIFY OR MAINTAIN THE CORRECTNESS, ACCURACY, RELIABILITY AND MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE PLATFORM’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE PLATFORM AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR AND IS NOT LIABLE FOR ANY: (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM.
COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY IT OR A THIRD PARTY THROUGH THE PLATFORM OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. THE COMPANY DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF ANY THIRD PARTY. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE PLATFORM OR SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
YOU AGREE THAT COMPANY WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR THE TIMELINESS OF OR REMOVAL OF INFORMATION, FAILURE TO STORE INFORMATION, INACCURACY OF INFORMATION, OR THE IMPROPER DELIVERY OF INFORMATION.
Except where prohibited by law, in no event shall the Company be liable to you:
(a) For any incidental, indirect, special, punitive, exemplary, and/or consequential damages, including without limitation of loss of profit, revenue or use, arising out of or in any way connected with our Platform or services offered by Company, whether in contract, warranty, tort, including negligence, whether active, passive or imputed, product liability, strict liability and/or other theory, even if we or our authorized representatives have been advised of the possibility of such damages;
(b) In no event shall the aggregate liability of Company or any of their officers, directors, employees, suppliers, or insureds to you or third party for damages, losses, and causes of action exceed the amount paid by you, if any, for accessing our Platform or $100, whichever is less; and
(c) Exclude any and all liability for damages caused by any problems or technical malfunctions of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any communications due to technical problems or traffic congestion on the Internet or on the Platform or combination of them both, including any injury or damages to any users or to any person’s computer related to or resulting from use of the Platform.
YOU AGREE TO AND SHALL INDEMNIFY, DEFEND AND HOLD COMPANY, ITS AFFILIATES, DIRECTORS, OFFICERS, SHAREHOLDERS, AGENTS AND EMPLOYEES HARMLESS FROM AND AGAINST ANY ACTUAL OR THREATENED DEMANDS OF ANY KIND OR NATURE, LAWSUITS, ARBITRATIONS, CIVIL OR CRIMINAL LIABILITIES, LOSSES, DAMAGES, CAUSES OF ACTION, JUDGMENTS, AND EXPENSES INCLUDING COURT COSTS, EXPERT FEES, AND ATTORNEYS’ FEES MADE, OR ASSERTED, AGAINST COMPANY BY ANY THIRD PARTY DUE TO, ARISING OUT OF, OR IN CONNECTION WITH (A) ANY MATERIALS, CONTRIBUTIONS OR SUBMISSIONS PROVIDED TO COMPANY BY YOU, (B) YOUR BREACH OR VIOLATION OF ANY OF THESE TERMS, OUR PRIVACY POLICY OR OUR NOTICE TO CALIFORNIA RESIDENTS, (C) YOUR USE OF THE PLATFORM OR SERVICES, (D) COMPANY’S USE OF MATERIALS, CONTRIBUTIONS OR SUBMISSIONS PROVIDED TO COMPANY BY YOU, (E) YOUR VIOLATION OF THE RIGHTS OF ANY THIRD PARTY INCLUDING PARTNERS, ADVERTISERS, SUPPLIERS, VENDORS, OR OTHER USERS, (F) YOUR POSTING OF ANY CONTRIBUTIONS, OR (G) YOUR REPRESENTATIONS OR WARRANTIES MADE TO COMPANY. YOUR DUTY TO CONDUCT A DEFENSE OF THE COMPANY SHALL ARISE UPON NOTICE OF COMPANY TO YOU OF SUCH DEMAND OR THREATENED DEMAND.
YOU SHALL CONDUCT ANY DEFENSE WITH DUE DILIGENCE AND IN GOOD FAITH WITH COUNSEL SATISFACTORY TO THE COMPANY. SHOULD YOU BREACH YOUR DEFENSE OR INDEMNITY OBLIGATIONS AND FAIL TO CURE SUCH BREACH AFTER WRITTEN NOTICE AND A COMMERCIALLY REASONABLE TIME TO CURE BUT NO LATER THAN 30 DAYS, COMPANY MAY AT YOUR SOLE COST AND EXPENSE ASSUME THE DEFENSE AND DEFEND OR SETTLE THE ENTIRE CLAIM.
Without limiting any other provision in this Agreement, the Company reserves the right to, in Company’s sole discretion and with or without notice or liability, deny access to and use of the Platform or Service to, any person for any reason or for no reason at all, and reserves the right at any time to modify or discontinue the Service on the Platform, including without limitation for breach of any representation, warranty or covenant contained in this Agreement, or of any applicable law or regulation.
Wincredibles may establish limits from time to time concerning the use of Services, including among others, the maximum number of days that content will be maintained or retained by the Service, the maximum number and size of postings, email messages, or other content that may be transmitted or stored by the Services, and the frequency with which you may access the Services or the Platform.
This Agreement and our Privacy Policy shall be governed by and interpreted in accordance with the law of the State of Texas, without regard to principles of Conflicts of Law.
By using this Platform, you irrevocably consent to the jurisdiction of the courts and arbitration located in FORT BEND County, Texas, to the exclusion of all others, for any action arising from this Agreement or our Privacy Policy. Furthermore, you hereby agree to waive any right to contest venue or personal jurisdiction in FORT BEND County, Texas.
You agree that any dispute, cause of action or claim that you may have, arising out of or in any way, relating to the Agreement or our Privacy Policy must be commenced within two (2) years and one day from the date of the accrual of the cause of action, and that actions brought after this date will be barred.
Company shall not be liable for the delay or failure or disruption of the Services delivered through the Platform or any disruption to the Platform itself resulting directly or indirectly from events outside the Company’s reasonable control, including but not limited to, an act of God, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortage of labor or materials, epidemics, pandemics, fires, floods, hurricanes, explosions, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance by third parties.
Entire Agreement. This Agreement constitutes the entire agreement between you and Company regarding the access and use of Company’s Platform or Services. No modification or waiver by Company of any provisions in this Agreement shall be deemed to have been made unless the Company makes a modification of this Agreement by posting an updated version of the Agreement.
Severability. If any portion of this Agreement or our Privacy Policy is deemed unlawful, void, or unenforceable, then that part shall be deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions, which shall be construed in accordance with applicable law.
Non-Waiver. The failure of the Company to act with respect to a breach of the in terms of this Agreement and/or our Privacy Policy by you or others does not constitute a waiver and shall not limit any party’s rights with respect to such breach or any subsequent breaches.
Assignment. You may not assign or sub-contract any of your rights or obligations under the terms of this Agreement or our Privacy Policy without our prior written agreement. We can, in our sole discretion, and without prior notice to you, assign our rights and obligation to any third person, entity, or entities that agree to be bound by the terms of this Agreement and our Privacy Policy.
If you have any questions or comments about the terms of this Agreement, please contact the Company at:
Wincredibles LLCYou agree that where the Company requires that you provide an email address, you are responsible for providing the Company with your most current email address. If you provide the Company with such email address, you agree that any notice required by these Terms may be delivered to you using your most recent email address on file with the Company. In the event that the last email address you provided to the Company is not valid or for any reason is not capable of delivering to you any notices required or permitted by the terms of this Agreement, Company’s dispatch of the email containing such notice will nonetheless constitute an effective notice. You may give notice to the Company by sending an email to support@wincredibles.com.
If such notice is given within a specified period and the end of such period falls on other than a Business Day, such period shall be extended to the next Business Day. As used in this Agreement, “Business Day” shall mean any day other than a Saturday, Sunday, or holiday upon which national banks are closed for the conduct of business.
Company may unilaterally make changes to this Agreement from time to time by posting an updated version of this Agreement or by notifying you by email or any other notification. Unless Company says otherwise in its notice, the amended terms of the Agreement will be effective immediately and your continued access to and use of the Platform after Company provides such notice will confirm your acceptance of the changes. If you do not agree to the amended Agreement, you must stop accessing and using the Platform.
