Terms & Conditions

1. User Content and Submissions
   When you Post User Content on or through the Services, you grant WinrIT a world-wide, perpetual, irrevocable, royalty-free, non-exclusive, and sub-licensable license to use, copy, distribute, reproduce, modify, edit, adapt, publicly perform, publicly display, translate, create derivative works from, sell, lease, transmit, disassemble, and publish such User Content or feedback, in whole or in part, in any format or medium now known or developed in the future, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels. Notwithstanding the foregoing, our use of your personal data shall be governed by the WinrIT Privacy Policy.
2. Our License to User Content
   When you Post User Content on or through the Services, you grant WinrIT a world-wide, perpetual, irrevocable, royalty-free, non-exclusive, and sub-licensable license to use, copy, distribute, reproduce, modify, edit, adapt, publicly perform, publicly display, translate, create derivative works from, sell, lease, transmit, disassemble, and publish such User Content or feedback, in whole or in part, in any format or medium now known or developed in the future, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels. Notwithstanding the foregoing, our use of your personal data shall be governed by the WinrIT Privacy Policy.
3. User Content Representations
   You acknowledge and agree that all User Content that you Post is your sole responsibility. You further agree that you have all required rights to Post such User Content without violation of any third-party rights. You understand that WinrIT does not control, and is not responsible for, User Content, and that by using the Services, you may be exposed to User Content from other users that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Please also note that User Content may contain typographical errors, other inadvertent errors or inaccuracies. You agree that you will indemnify, defend, and hold harmless WinrIT for all claims resulting from User Content you Post. We reserve the right, at our own expense, to assume the exclusive defense and control of such disputes, and in any event you will cooperate with us in asserting any available defenses.
4. User Content Review
   You acknowledge and agree that WinrIT and its designees may or may not, at WinrIT’s discretion, pre-screen User Content WinrIT its appearance on the Services, but that WinrIT has no obligation to do so. You further acknowledge and agree that WinrIT reserves the right (but does not assume the obligation) in its sole discretion to reject, move, edit or remove any User Content that is contributed to the Services. Without limiting the foregoing, WinrIT and its designees shall have the right to remove any User Content that violates these Terms or is otherwise objectionable in WinrIT's sole discretion. You acknowledge and agree that WinrIT does not verify, adopt, ratify, or sanction User Content, and you agree that you must evaluate and bear all risks associated with your use of User Content or your reliance on the accuracy, completeness, or usefulness of User Content.

• Post User Content that is polemic, sectarian, or divisive in its nature;
• Post User Content that supports violence or terrorism;
• Post User Content that harasses, abuses, or threatens any other person, or that contains obscene content; is false, misleading, or inaccurate; degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or any other classification; is unlawful, harmful, tortious, defamatory, libelous, or invasive of another's privacy;
• Copy, download (other than through page caching necessary for personal use, or as otherwise expressly permitted by these Terms), modify, distribute, post, transmit, display, perform, reproduce, broadcast, duplicate, publish, republish, upload, license, reverse engineer, or create derivative works from any content or other information contained on or obtained from or through the Services, by any means except as provided for in these Terms or expressly provided by WinrIT;
• Scrape, access, monitor, index, frame, link, or copy any content or information on the Services by accessing the Services in an automated way, using any robot, spider, scraper, web crawler, or any other method of access other than manually accessing the publicly-available portions of the Services through a browser;
• Violate the restrictions in any robot exclusion headers of the Services, if any, or bypass or circumvent other measures employed to prevent or limit access to the Services;
• Post material that advocates illegal activity or discusses illegal activities with the intent to commit them;
• Post or otherwise make available any material that contains any software, device, instructions, computer code, files, programs and/or other content or feature that is designed to interrupt, destroy, harm, or limit the functionality of any computer software or hardware or telecommunications equipment (including without limitation any time bomb, virus, malware, software lock, worm, self-destruction, drop-device, malicious logic, Trojan horse, trap door, "disabling," "lock out," "metering" device or any malicious code);
• Post or do anything that could disable, overburden, or impair the proper working of the Services;
• Post material that impedes or otherwise prohibits communication or disrupts user discussion;
• Post, utilize or otherwise make available any other party's intellectual property unless you have the right to do so, or remove or alter any copyright, trademark or other proprietary notice contained on the Services;
• Post any trade secrets or other confidential information, or post any material that you do not have a right to make available under any law or under contractual or fiduciary relationships, including but not limited to inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements;
• Falsely state or otherwise misrepresent your affiliation with a person or entity, or impersonate any person or entity in a manner that does not constitute parody;
• Solicit personal or sensitive information from other users for purposes not permitted by these Terms;
• Send spam or other advertisements or solicitations, surveys, contents, pyramid schemes, promote commercial entities, or otherwise engage in commercial activity on or through the Services;
• Frame, inline link, or similarly display the Services or any portion of the Services; or
• Interfere with any other party’s use and enjoyment of the Services.

Without limiting the foregoing, Campaign Organizers represent and warrant that (1) all information provided in connection with a Campaign is accurate, complete, and not otherwise designed to mislead, defraud, or deceive any Member or other user; (2) all donations contributed to a Campaign Organizer’s Campaign will be used solely as described in the Campaign; and (3) Campaign Organizers will comply with all applicable laws and regulations, including laws and regulations from the jurisdictions from which a Campaign Organizer solicits donations.

Campaign Organizers that share personal data with us further represent and warrant that they may share such personal data with us under applicable law without restriction.

WinrIT provides a crowd-funding platform that allows individuals or organizations to raise funds. We do not endorse any Campaigns, donors, individuals, or organizations, and WinrIT is not a party to any agreements between or among our users or third parties. No agency, partnership, joint venture, or employment is created as a result of the Terms or any user’s use of the Services. WinrIT does not engage in any solicitation activities. While WinrIT has the right to monitor Campaigns and donations in accordance with these Terms and our Privacy Policy , WinrIT has no obligation to do so, and we do not make any representations about, confirm, or endorse any Campaigns, Donors, individuals, or organizations. Nor does WinrIT make any representations about, confirm, or verify that donations will be used in accordance with any fundraising purpose set forth in a Campaign. By using the Services, you understand and agree that WinrIT is not responsible for the use of your donations or the amount of funds raised for your Campaign.

We may sometimes offer Campaign Challenges, where Donors may commit to donate a certain amount of money over a given period of time to one or more Campaigns selected by the Donor or WinrIT. Even where WinrIT selects the Campaigns (for Campaign Challenges or elsewhere through the Services), you understand that WinrIT makes no representations about, confirms, or endorses any of the Campaigns selected. You further understand that WinrIT makes no representations about, confirms, or verifies that the donations will be used in accordance with the fundraising purposes set forth in the selected Campaigns.

SUPPORTERS ARE RESPONSIBLE FOR ASSESSING THE VALUE AND AUTHENTICITY OF ANY CAMPAIGN. WE ENCOURAGE ALL SUPPORTERS TO USE THEIR DISCRETION WHEN SPONSORING ANY CAMPAIGN

Without limiting any other rights we have, we may refund all donations to a Campaign if we have not received sufficient Campaign account information or accurate information to transfer funds within 90 days after the Campaign closes. Questions about refunds may be directed to us

Perks and Incentives

Campaign Organizers may be given an opportunity to offer goods, promotions, or services (“Perks and Incentives”) to Donors of their Campaigns. Creators are solely responsible for delivering Perks and Incentives promised to Donors. Failure to provide Perks and Incentives to Donors as promised may result in a various penalties including but not limited to; reimbursement of Donors at the Campaign’s expense, and suspension of accounts and current and future Campaigns by the Campaign Organizer.

Each Campaign Organizer is responsible for determining what, if any, taxes apply to the donations received through the Services. Campaign Organizers are responsible for assessing, collecting, reporting, or remitting the correct tax, if any, to the appropriate tax authority.

WinrIT makes no representation as to whether all or any portion of your donations, including, if any, transaction fees, are tax deductible or eligible for tax credits. WinrIT will have no liability for any claim by any federal, state, provincial, territorial, local or any other tax authority with respect to the characterization on any applicable tax return of any donation by any Donor. You should consult your tax advisor as to the amount of your donation that is tax-deductible or eligible for tax recognition, having regard to (among other things) the tax status of the recipient of any donation in any relevant jurisdiction, and particularly if you are awarded Perks and Incentives in connection with your donation.

THE SERVICES AND ITS CONTENTS, WHETHER PROVIDED BY WinrIT, ITS LICENSORS, ITS VENDORS OR ITS USERS, AND OTHER INFORMATION ON OR ACCESSIBLE FROM THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY, REPRESENTATION, CONDITION, OR GUARANTEE OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES, REPRESENTATIONS, CONDITIONS OR GUARANTEES OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ALL OF WHICH ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. SPECIFICALLY, BUT WITHOUT LIMITATION, WinrIT DOES NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE ON THE SERVICES IS FREE OF ERRORS; (ii) DEFECTS WILL BE CORRECTED, OR (iii) THE SERVICES OR THE SERVER(S) THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

IN NO EVENT SHALL WinrIT OR ITS AFFILIATES, LICENSORS, VENDORS, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR OTHER REPRESENTATIVES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES), ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, ANY MATERIALS, INFORMATION, OR RECOMMENDATIONS APPEARING ON THE SERVICES, OR ANY LINK PROVIDED ON THE SERVICES, WHETHER OR NOT WinrIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, VIOLATION OF STATUTE, OR OTHERWISE. THIS EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IN ANY EVENT, OUR AGGREGATE LIABILITY WILL NOT EXCEED THE AMOUNT YOU DONATED TO THE CAMPAIGN TO WHICH THE CLAIM RELATES OR, IF THE CLAIM DOES NOT RELATE TO A DONATION FOR A CAMPAIGN.

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of your copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material you claim is infringing is located on the Services (providing us with website URL is the quickest way to help us locate content quickly);
4. your address, telephone number, and e-mail address;
5. 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;
6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

1. Modification of Services
   WinrIT reserves the right at any time to modify or discontinue, temporarily or permanently, the Services (or any part thereof), with or without notice. You agree that WinrIT shall not be liable to you or any third party for any modification, suspension or discontinuance of the Services
2. Termination
   These Terms are effective unless and until terminated by you or us. We may, in our sole and absolute discretion, deny you access to all or part of the Services at any time for any or no reason at all, with or without notice to you. If we terminate your right to access the Services, these Terms will terminate and all rights you have to access the Services will immediately terminate, provided that any donations made prior to the effective date of termination will continue to be processed in accordance with these Terms. All provisions of the Terms which by their nature should survive, shall survive termination of services, including without limitation Sections 1 (Definitions), 3 (Additional Terms and Policies), 6 (Intellectual Property and Other Proprietary Rights), 7 (User Content), 10 (No Endorsement), 11 (User Disputes), 16 (Legal Compliance), 17 (Warranties and Disclaimers), 18 (Exclusions and Limitations), 19 (Indemnification), 22 (Modification and Termination of the Services), 23 (Arbitration and Class Action Waiver), 24 (Controlling Law and Severability), 25 (Feedback), and 26 (General Terms). Termination of your account may also include, at WinrIT’s sole discretion, the deletion of your account and/or User Content.

1. Application
   You and WinrIT agree that these Terms affect the interpretation and enforcement of these arbitration provisions. This Section is intended to be interpreted broadly and governs any and all disputes between us including but not limited to claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before these Terms or any prior agreement (including, but not limited to, claims related to Campaigns and donations); and claims that may arise after the termination of these Terms. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small court claims, as provided below.
2. Initial Dispute Resolution
   Most disputes can be resolved without resort to arbitration. If you have any dispute with us, you agree that before taking any formal action, you will contact us and provide a brief, written description of the dispute and your contact information (including your Campaign name, if your dispute relates to a Campaign). Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with WinrIT, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.
3. Binding Arbitration
   If the parties do not reach an agreed-upon solution within a period of sixty (60) days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve claims. Specifically, all claims arising out of or relating to these Terms (including the Terms’ formation, performance, and breach), the parties' relationship with each other, and/or your use of WinrIT shall be finally settled by binding arbitration administered in accordance with the Rules for claims that do not exceed $250,000 and the Procedures for claims exceeding $250,000 in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class actions.
4. Arbitrator’s Powers
   The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms including but not limited to any claim that all or any part of these Terms is void or voidable, whether a claim is subject to arbitration, or the question of waiver by litigation conduct. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
5. Filing a Demand
   

   To start an arbitration, you must do the following: (a) Write a Demand for Arbitration that includes a description of the claim and the amount of damages you seek to recover.

   The parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. Arbitration may take place where you reside at the time of filing, unless you and we both agree to another location or telephonic arbitration.

6. Class Action Waiver
   The parties further agree that the arbitration shall be conducted in the party’s respective individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND WinrIT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.  If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
7. Exception: Litigation of Intellectual Property and Small Claims Court Claims
   Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court with jurisdiction or in the Patent and Trademark Office to protect its intellectual property rights ("intellectual property rights" means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.
8. Right to Opt Out
   You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt out with the subject line, "ARBITRATION AND CLASS ACTION WAIVER OPT-OUT." The notice must be sent within thirty (30) days of (a) the Effective Date of these Terms; or (b) your first date that you used the Services that contained any versions of the Terms that included this version of the mandatory arbitration and class action waiver, whichever is later. Otherwise you shall be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt out of these arbitration provisions, WinrIT also will not be bound by them.
9. Changes to This Section
   WinrIT will provide thirty (30) days' notice of any changes to this section by posting on the Services. Amendments will become effective thirty (30) days after they are posted on the Services or sent to you by email. Changes to this section will otherwise apply prospectively only to claims arising after the thirtieth (30th) day. If a court or arbitrator decides that this subsection on "Changes to This Section" is not enforceable or valid, then this subsection shall be severed from the section entitled Arbitration and Class Action Waiver, and the court or arbitrator shall apply the first Arbitration and Class Action Waiver section in existence after you began using the Services.
10. Survival
    This Arbitration and Class Action Waiver section shall survive any termination of your use of the Services.

1. Force Majeure
   Under no circumstances shall WinrIT be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond its reasonable control.
2. No Waiver
   No waiver of any provision of these Terms will be binding unless in writing, no waiver of any provisions of these Terms will be deemed a further or continuing waiver of such provision or any other provision, and the failure of WinrIT to exercise or enforce any right or remedy in these Terms does not waive that right or remedy. If an arbitrator or a court of competent jurisdiction finds any provision of these Terms to be invalid, the parties agree that the court should endeavor to give effect, to the maximum extent permitted by law, to the parties’ intentions as reflected in the provision, and the other provisions of these Terms will remain in full force and effect.
3. Third-Party Beneficiaries/Relationship between the Parties
   You agree that there shall be no third-party beneficiaries to these Terms. No agency or employment between you and WinrIT is created as a result of the Terms or your use of the Services.
4. Statute of Limitation
   You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Services and/or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
5. Miscellaneous
   These Terms (and all terms and conditions incorporated herein) constitute the entire agreement between you and WinrIT and govern your use of the Services, and supersede any prior agreements between you and WinrIT on the subject matter. These Terms, and any rights or licenses granted hereunder, may not be assigned or delegated by you. These Terms, and any rights or licenses granted hereunder, may be assigned or delegated by WinrIT without restriction. These Terms bind and inure to the benefit of each party and the party’s successors and permitted assigns. These Terms may not be modified by an oral statement by a representative of WinrIT. No agency, partnership, joint venture or employee-employer relationship is intended or created by these Terms. You agree that any agreements made by and between you and us in electronic form are as legally binding as if made in physical written form. The section titles in these Terms are for convenience only and have no legal or contractual effect
6. Notices
   We may deliver notice to you by e-mail, posting a notice on the Services or any other method we choose and such notice will be effective on dispatch. If you give notice to us, it will be effective when received and you must use the following email address: (1) info@winrit.com.