Terms of Service

Updated April 4, 2024

General Terms and Conditions

WINstorm Presents, Inc. ("WINstorm", "we" or "us") provides businesses and organizations with software as a service (the “Product”). This website (including any related sub-site, service, feature or functionality) (the "Site") and the Product are provided subject to these Website and Product Terms and Conditions of Use, as they may be amended by us, and any guidelines, rules or operating policies that we may post on this website. We may amend this Agreement from time to time due to changes to the Site or the Product, to account for developments under the law, or for any other commercially reasonable reason. Future performance by us of our obligations under this Agreement is sufficient consideration for any such amendment. Any amendment will only become effective upon notification to you (by email or by posting on our Site) and, if you do not want to agree to any such amendment, you should stop using the Site and the Product and contact us to cancel your account. By clicking on the "Agree" button on the sign-up page, by logging in to your WINstorm Presents, Inc account, by accessing the Site or by accessing the Product (including by means of any API interface), you accept this Agreement on behalf of yourself and any business or organization you represent (collectively, "you"). Any terms and conditions that may be contained in any acknowledgement, invoice, purchase order or other form you provide are specifically null and void.

Minimum Age and Ability to Bind

The Site and the Product are available only to persons or organizations that can form legally binding contracts under applicable law. Without limiting the foregoing, the Site and the Product are not available to individuals under the age of 18. If you do not qualify, you are not permitted to use the Site or the Product. If you are using the Site or the Product on behalf of an organization, you represent and warrant that you have the ability to bind such organization by your use of the Site and the Product.

Registration

You agree to provide true, accurate, current and complete information about yourself and your organization, as applicable, as requested in the registration form and elsewhere on the Site, and agree to update such information if it changes.

Account Access

We may, in our discretion, permit you to authorize additional users to use your WINstorm Presents, Inc account. For purposes of this Agreement, you are the "Account Owner" and any other users you authorize will be deemed "Authorized Users." You will be responsible for each Authorized User’s use of your WINstorm Presents, Inc account and each Authorized User’s compliance with this Agreement.

Communication with You

We reserve the right to send messages to you to inform you of (a) changes or additions to the Site, the Product or this Agreement. (b) violations of this Agreement or actions relating to your privilege to access and use the Site or the Product, or (c) any other matter related to the Site, the Product or this Agreement. Nothing in this provision shall require or obligate us to send any notice if no notice is required or mandated elsewhere in this Agreement.

You agree that we may, but are not obligated to, monitor or record any of your telephone conversations and chat texts with us for quality control purposes, for purposes of training our employees and for our own protection. You further agree that any Account Users or anyone else you authorize to use your account consents to such monitoring or recording as well. You acknowledge that not all telephone lines or calls are recorded by us and that we do not guarantee that recordings of any particular telephone calls will be retained or are capable of being retrieved.

BY ENTERING INTO THIS AGREEMENT, YOU ACKNOWLEDGE THAT WE MAY CONTACT YOU VIA TELEPHONE (EITHER BY A LIVE PERSON, AUTOMATIC DIALER, PRERECORDED MESSAGE OR A COMBINATION OF THE FOREGOING) TO DISCUSS THE PRODUCTS AND YOU CONSENT TO SUCH CONTACT. FURTHER, YOU CONSENT TO RECEIVE SUCH PHONE CALLS AT THE TELEPHONE NUMBER YOU ENTERED ON THE SITE.

Copyright and Trademark Information

The Site and product and the information it contains, are the property of WINstorm Presents, Inc and, in some cases, its affiliates and licensors, and are protected by Canada, United States and international intellectual property laws. "WINstorm Presents, Inc," the WINstorm Presents, Inc logo, are registered trademarks or trademarks of WINstorm Presents, Inc in the United States and other countries. This is not intended as a complete list of our trademarks and other WINstorm Presents, Inc product or service names or logos appearing in the Site may be trademarks of WINstorm Presents, Inc or its affiliates.

Fees, Payment and Taxes

Fees

Fees will be billed annually, monthly, or your pre-paid account will be debited monthly for the Product, even if you are not actively using the Product.

Payment and Taxes

(a) Payment

Payment for the Product will be made in advance by a valid credit card accepted by us. Checks will be accepted for prepayments of at least six months. Fees are payable in U.S. dollars only. If the monthly payment option is selected or if you have previously provided us with your credit card for payment, you hereby authorize us to charge your credit card for such amounts on a regular monthly basis beginning at time of contract. If we are for any reason unable to effect automatic payment by credit card, we will attempt to notify you by email and your WINstorm Presents, Inc account may be disabled until payment is received.

(b) Taxes

We collect and remit sales tax from our customers located in certain provinces and local jurisdictions, including those jurisdictions where software delivered as a service is taxable and where we maintain a physical presence.

You agree to be responsible for and to pay any sales, personal property, use, VAT, excise, withholding, or any other taxes that may be imposed, based on this Agreement, use or possession of the Site or the Product or your product or services (except for taxes based on net income payable by us).

Access and Use of the Site and the Product

Prohibition on Spam; Permission Practices

You are responsible for ensuring that your use of the WINstorm Site and the Product do not generate a number of spam or other complaints in excess of industry norms. We may terminate your access to or use of the Site and the Product if we determine that your level of spam or other complaints is higher than industry norms, as determined by us in our sole discretion. As a matter of privacy, we will not share with you information about those recipients who complain about your use of the Product or file a spam report against you.

You agree to import, access or otherwise use only contact lists in connection with the Site and the Product for which all listed parties have consented to receive correspondence from you (i.e. by opting in). It is not sufficient consent to receive email correspondence from you if a person or organization participates in a survey or registers for an event, clicks "Like" on your Facebook® page, or "follows" you on Twitter®. you agree that you shall not send messages to that recipient. You agree not to send messages through the Site or the Product to purchased email addresses, distribution lists, and newsgroups.

We reserve the right without notice to take all measures of any nature (whether legal, technical or otherwise) to prevent unsolicited bulk email and/or other unauthorized email, messages or campaigns from entering, utilizing or remaining within our network.

(a) Messages

In your use of the Site or the Product, you shall represent yourself or your organization accurately and will not impersonate any other person, whether actual or fictitious.

You agree that you are the sole or designated "sender" (as such term is defined in the CAN-SPAM Act of 2003 and any rules or regulations adopted under such act (the "CAN-SPAM Act")) of any message sent by you using the Site or the Product. Similarly, for messages sent to Canadian email accounts, you are the sole person sending or causing or permitting the message to be sent by you using the Site or the Product (within the meaning of Canada's Anti-Spam Legislation, S.C. 2010, c. 23 ("Canada's Anti-Spam Legislation")).

You agree that for any email message sent by you using the Site or the Product, (i) the "from" line of any email message sent by you using the Site or the Product will accurately and in a non-deceptive manner identify your organization, your product or your service, (ii) the "subject" line of any email message sent by you using the Site or the Product will not contain any deceptive or misleading content regarding the overall subject matter of the email message.

You agree that you shall not utilize the Site or the Product to send any message, the primary purpose of which is the commercial advertisement or promotion of a commercial product or service (including content on an Internet website operated for a commercial purpose) (a "commercial electronic mail message" as defined in the CAN-SPAM Act or Canada's Anti-Spam Legislation) to any person who has opted out or otherwise objected to receiving such messages from you or another sender on whose behalf you may be acting.

Restrictions on Use

You agree to comply with the following in connection with your use of the Site and the Product:

You may not access or use the Site or the Product in a way that uses technology or other means to access, index, re-render, frame, mirror, truncate, add to, inject, filter or link to the Site or the Product that is not authorized by us (including by removing, disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized use, download, linking, framing, reproduction, access to, or distribution of the Site or the Product).
You may not use any deep-link, page-scrape, robot, crawl, index, spider, offline reader, click spam, macro programs, internet agent, or other automatic device, program, algorithm or methodology which does the same things, to use, access, copy, index, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor any portion of the Site or the Product for any unauthorized purpose.
You may not use the Site or the Product in a way that, to be determined in our sole discretion, damages, disables, overburdens, impairs, or gains unauthorized access to the Site or the Product, including WINstorm Presents, Inc’s servers, computer network, or user accounts.
You may not use the Site or the Product in a way that removes, modifies, disables, blocks, obscures or otherwise impairs any advertising in connection with the Site or the Product.
You may not copy, display, distribute, download, license, modify, publish, re-post, reproduce, reuse, sell, transmit, use to create a derivative work, or otherwise use the content of the Site or the Product for public or commercial purposes without our express written permission.
You shall not interfere with or disrupt the Site or any related WINstorm Presents, Inc websites or servers or networks connected to the Site or the Product.
You shall not restrict or inhibit any other user from enjoying and using the Site or the Product.
You shall not use the Site or the Product in violation of applicable law or third party rights (including third party terms of service), and shall not use the Site or the Product for hosting content (for example, images and documents) that infringes on the intellectual property rights of others.
You shall not set up multiple accounts for any individual or organization in order to send substantially similar content unless you are part of a franchise.
You may only use our templates, or any other features or functionality of the Product with the Product themselves (for example, you may not take an image or template and use it on your website). This restriction also applies to customized templates prepared by our professional services group.
You shall not use documents and images hosted by us on servers controlled by us for any purpose whatsoever other than in connection with the Product. If you own the document or image, you can use it outside of the Product so long as it is not hosted by us.
You shall not include any incentives (for example, coupons, discounts or awards) in any messages you send by means of the Site or the Product that encourage a recipient to forward the message to another recipient, other than as expressly encouraged and permitted within the applicable Product (such as when you offer a Deal (defined below) and we encourage you to incentivize third parties to share your Deal).

(b) Limitations on Use

You understand that not all messages or campaigns sent through use of the Site or the Product will be received by or will be capable of being viewed by their intended recipients. You further understand that delivery of messages by means of the Site or the Product may involve transmissions over various networks, and that the messages (including images and text contained therein) could be reformatted or otherwise revised to conform to the formatting or technical requirements of such networks. You also understand and agree that messages exceeding maximum character limitations may be truncated, abbreviated, reduced or otherwise abruptly cut short.

You agree that we may establish general practices and limits concerning use of the Site or the Product, including without limitation the maximum number of messages or campaigns that may be distributed by you and/or the maximum size of any messages or campaigns that may be transmitted by means of the Site or the Product. We reserve the right to modify, revise, suspend or discontinue any Product in whole or in part, either temporarily or permanently and with or without notice, and you acknowledge that we are not obligated to support or update the Product in any manner. If we discontinue any Product in its entirety, we will provide you with advance notice and an opportunity to cancel your account.

Your Events, Product and Services; Promotions, Deals and Digital Rewards

(a) General

Among other things, the Product permits you to (i) communicate about or administer contests, competitions, sweepstakes, or other similar promotional events ("Promotions"); (ii) sell your product and services to your subscribers and others in the form of various promotional deals or coupons ("Deals"); and (iii) offer digital deals, tickets, coupons, vouchers, passes or cards to your subscribers and other third parties.

You are solely responsible for your product and services, events, Promotions, Deals, and Digital Rewards, including any and all injuries, illnesses, damages, claims, liabilities and costs suffered in respect thereto. You shall bear all costs of procuring and delivering your product, services, Promotions (including any prizes offered), Deals and Digital Rewards and running your events, including any associated shipping, taxes and any other fees associated therewith. You hold all necessary governmental and third party licenses, approvals and authorizations necessary to offer your product and services, Promotions, Deals and Digital Rewards and run your events, if any.

You agree to provide your product and services, Promotions, Deals and Digital Rewards and run your events in a safe and professional manner, consistent with industry best practices, including keeping reliable records.

You will be solely responsible for any and all statements and promises you make and for all user assistance, warranty and support of your product and services, Promotions, Deals and Digital Rewards and events and agree to provide contact information for any end-user questions, complaints or claims.

In addition to your obligation to comply with all applicable laws relating to your use of the Site and the Product (see Section 18) and the terms and conditions of any applicable Third Party Service (see Section 13), you further agree to refrain from unethical, false or misleading advertising, promotions or sales efforts and practices in connection with your use of the Site or the Product (including with respect to promoting or offering your product and services, Promotions, Deals and Digital Rewards and running your events).

(b) Offer Terms

You agree that your Digital Rewards, Deals and Promotions will prominently include any applicable rules, restrictions or limitations necessary to comply with applicable law, this Agreement and your own requirements (the "Offer Terms") and you agree to comply with the same. Any such Offer Terms must be presented to prospective purchasers before they commit to make a payment or take any other action and must include any terms provided by us. You shall: (i) honor your Digital Rewards, Deals and Promotions during the time period specified in the Offer Terms and as required under applicable law; and (ii) honor any Digital Rewards, Deals or Promotions presented by an individual, even if that individual was not the purchaser, unless otherwise specified in the Offer Terms (or otherwise stated prominently).

(c) Promotions

If you use the Site or the Product to offer a Promotion, you are further responsible for ensuring that you comply with applicable law relating to eligibility requirements (for example, age and residency restrictions), the selection of winners and all prizes offered in connection with the Promotion (for example, registration and obtaining necessary regulatory approvals) and that your Offer Terms include the foregoing to the extent applicable. You shall ensure that the rules for each Promotion (i) state that each entrant or participant unconditionally releases us of any liability arising from the Promotion, and (ii) inform each entrant or participant that the Promotion is in no way sponsored, endorsed or administered by, or associated with, us.

(d) Deals

If you use the Site or the Product to offer a Deal, the Offer Terms must remain the same once you have offered the Deal to your prospective purchasers and they must include the following:

terms and conditions specific to the Deal (for example, eligibility, pricing, product, services, time period of offer and transferability of offer);
sharing requirement and related terms and conditions (for example, how many friends a purchaser needs to share the Deal with to receive a second coupon);
method and timing of payment required in connection with the Deal;
the refund policy, if any, for the Deal;
the expiration date, if any, for the Deal (note that such expiration date must be in compliance with applicable state and federal laws);
whether purchasers of the Deal will be treated differently from other paying customers in the scheduling (for example, use of blackout dates and times) or delivery of services; and
all generally applicable policies (for example, cancellation policies that apply to all customers), restrictions and contractual arrangements (for example, liability waivers required for all customers).

Payment Collection

If you use the Product to collect payments (including registration for events, Deals, Digital Rewards, donations or product or services), you are responsible for the collection and administration of such payments and compliance with all applicable laws relating thereto, including all applicable domestic or international local, state or federal tax requirements. You may elect to process payments through any payment processing service (a "Payment Processing Service") that we make available for your use (for example, PayPal® and Google Checkout®), but your use of such service is subject to such Payment Processing Service's applicable terms and conditions of use. We do not hold your funds or those of your subscribers, customers, participants, event registrants or donors at any time.

You are responsible for any refunds associated with any payments. If, in your discretion, you decide to offer a refund to a purchaser of one of your Deals, we will only refund the fees received by us with respect to such refunded purchaser to the extent (a) you offer the refund by means of the refund mechanism within the Product within 60 days of such purchaser’s purchase of your Deal and (b) your account has not been terminated (either by you or us).

Footers

For every message or campaign sent or distributed via the Product, you agree that we may add a link to our Site and a statement such as "Powered by WINstorm Presents, Inc" in the footer or other similar location that does not unreasonably obscure the message or campaign.

Restrictions and Responsibilities

No Rights in Software

This is an Agreement for services and access to the Site, and you are not granted a license to any software by this Agreement and nothing on the Site shall be construed to confer any grant or license of any intellectual property rights, whether by estoppel, by implication, or otherwise. You will not, directly or indirectly, reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Site or the Product or any software, documentation, or data related to the Site or the Product ("Software"); remove any proprietary notices or labels from the Site or the Product or any Software; modify, translate, or create derivative works based on the Site or the Product or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Site or the Product or any Software. If you are using the Site or the Product in any jurisdiction which restricts the ability of a software provider to restrict your right to reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the Site, the Software or the Product, then you hereby covenant that, prior to engaging in such activities, you will first request that we perform such work at our standard professional services rates. We can then decide either: (a) to perform the work in order to achieve such interoperability and charge our then standard rates for such work to you; (b) to permit you to reverse engineer parts of the Software in order to obtain such source code, but only to the extent necessary to achieve such interoperability; or (c) to provide you with the information that you need regarding the Software for the purpose for which applicable law permits you to engage in such activities despite a contractual prohibition on such activities.

Permitted Use of the Site or the Product

The Site and the Product shall be used for your personal or internal business (which includes civic or charitable) purposes only, in compliance with this Agreement (including, without limitation, Section 5 hereof) and you shall not use the Site, the Product or any Software for timesharing or service-bureau purposes or otherwise for the benefit of a third party. Unless you are an authorized reseller of the Product, you may not display, copy, reproduce, or distribute the Software, any component thereof, any documentation provided in connection with Site, the Product or the Software, or any content, including but not limited to newsletters distributed to you by us in connection with the Product.

Compliance with Laws

The Site and the Product shall only be used for lawful purposes and you shall use the Site and the Product only in compliance with this Agreement, the CAN-SPAM Act and regulations thereunder and all other applicable U.S., state, local and international laws in your jurisdiction, including but not limited to (a) Canada's Anti-Spam Legislation and any other policies and laws related to unsolicited emails, spamming, privacy, obscenity, or defamation, copyright and trademark infringement and child protective email address registry laws, (b) laws relating to advertising, sales or promotional efforts or practices, redemption, refunds and provision of your product or services, (c) laws that govern false, unfair and deceptive practices, coupons, gift cards/certificates, defective product or services, unclaimed property, alcohol or tobacco, health and safety, fire, and hygiene standards, and (d) laws that govern lotteries, sweepstakes, contests and promotions.

Monitoring

Although we have no obligation to monitor the content provided by you or your use of the Site or the Product, we may do so and may block any messages or campaigns, remove any content, including surveys, event registrations, social campaigns, Promotions, Deals or Digital Rewards, or prohibit any use of the Site or the Product that we believe may be (or is alleged to be) in violation of the foregoing or any other provision of this Agreement. You further understand and agree that any applicable third party who supports your Promotions, Deals or Digital Rewards also has the right to monitor, reject, block or remove any of your Promotions, Deals or Digital Rewards at any time. In no case will such monitoring or related action make us responsible or liable for compliance with any such laws or obligations, for which you remain solely responsible and liable. See WINstorm's Data Deletion Policy.

Assistance

You acknowledge that we may from time to time provide frequently asked questions and other tips on best practices and complying with applicable law, including our Privacy Policy and any sample Offer Terms. You acknowledge that such information is provided as a convenience to you and that such assistance is not intended to and does not constitute legal advice and that no attorney-client relationship is formed. We do not warrant or guarantee that compliance with this information will be sufficient to comply with your obligations hereunder, applicable law or with third party rights.

Your Information and Content

(a) Your Information

In using the varied features of the Site or the Product, you may provide information about yourself or your employer (such as name, contact information, or other registration information) to us and we may collect information about your use of the Site or the Product. We may use this information in accordance with our Privacy Policy and relevant notices, if any, provided at the point of information collection or use. We may provide this information to courts, law enforcement authorities and/or other relevant third parties, such as internet service providers, when such disclosure is necessary or advisable, in our sole discretion, to conduct an investigation, respond to a third party or law enforcement subpoena or court order, bring legal action, prevent harm to others or pursue other relief.

(b) Your Content

We will also obtain any information that you provide to us in connection with your use of the Site or the Product, such as contact lists (including email addresses and phone numbers of your subscribers) and content. We acknowledge your ownership rights in such contact lists and content ("Customer Information"). We will never sell or rent your Customer Information to anyone without your permission, and will never use your Customer Information for any purpose other than providing our product and services or as described herein, and in accordance with our Privacy Policy. You hereby grant to us a revocable, non-exclusive, royalty-free, worldwide license, with the right to sublicense, to use, reproduce, publish, distribute, perform and display the Customer Information only as required by us to offer and operate the Product and related services, including available offerings from third parties. You are solely responsible for the accuracy, quality, integrity, legality, reliability and appropriateness of all Customer Information, and you are responsible for maintaining, securing and storing all Customer Information in accordance with applicable law and any contractual obligations you may have (including this Agreement). Notwithstanding the foregoing to the contrary, if you use the Site or the Product to sell Deals, you agree that the Deal offer email, content on the Deal landing page and the Deal itself are non-confidential for all purposes and you automatically grant, or warrant that the owner of such content or intellectual property has expressly granted, us an irrevocable, non-exclusive, royalty-free, perpetual, transferable, worldwide license, with the right to sublicense, to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display such content or intellectual property in any manner or in any media now known or hereafter created, including in connection with our marketing and promotional activities or as exemplars. You acknowledge and agree that we may, in our sole discretion, make the Deal offer email, content on the Deal landing page or the Deal itself publicly available on one of our websites and, for the avoidance of doubt, third parties may take advantage of your Deal so long as they comply with the applicable Offer Terms. To the extent permitted by applicable law, we may make and preserve copies of all Customer Information as necessary to provide the Site or the Product and for internal back-up and other legal or regulatory purposes.

(c) Submissions

If you submit any suggestions, business information, ideas, concepts or inventions or content to us through the Site or otherwise ("Submissions"), you agree such Submission is non-confidential for all purposes and you automatically grant, or warrant that the owner of such content or intellectual property has expressly granted, us a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license, with the right to sublicense, to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display such Submission in any manner or in any media now known or hereafter created.

(d) Automated Data Collection

You consent to us collecting data from the product through automated means ("Automated Data Collection") and the use of that data for internal business purposes. We will not use Automated Data Collection to collect data if you have set the /robots.txt file to disallow such collection.

Indemnification

You hereby agree to defend, indemnify and hold harmless us and our business partners, third-party suppliers and providers, licensors, officers, directors, employees, distributors and agents from and against any damages, losses, liabilities, penalties, settlements and expenses (including costs and reasonable attorneys' fees) in connection with any claim or action that (a) arises from any actual or alleged breach by you of this Agreement; (b) arises from the content or effects of any messages you distribute, events you host, surveys you administer, social media campaigns you publish, Deals, Promotions or Digital Rewards you offer, or product or services you sell (including, without limitation, claims relating to violations of law, false advertising, injuries, illness, damages, death, taxes, fulfillment, breach of Offer Terms, defective product or services or unclaimed property); (c) arises from your provision of incomplete or inaccurate information to your subscribers or customers; (d) arises from your activities or postings in any community; (e) arises from your use of any Third Party Service (as defined below); (f) otherwise arises from or relates to your use of the Site or the Product. You agree to provide us with prompt written notice in the event of any such claims or actions. In addition, you acknowledge and agree that we have the right to seek damages when you use the Site or the Product for unlawful purposes, in an unlawful manner, or in a manner inconsistent with the terms of this Agreement, and that such damages may include, without limitation, direct, indirect, special, incidental, cover, reliance and/or consequential damages. In the event that we are required to respond to a third party or law enforcement subpoena or court order that is related to your use of the Site or the Product, we may, in our sole discretion, require you to reimburse us for our reasonable expenses associated with complying with such subpoena or order.

Warranty Disclaimer; Remedies; Release

YOU EXPRESSLY AGREE THAT THE SITE AND THE PRODUCTS (INCLUDING ANY CUSTOM SERVICES OFFERINGS) ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SITE OR THE PRODUCTS AND ANY RELIANCE BY YOU UPON THE SITE OR THE PRODUCTS, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT THE USE OF THE SITE OR THE PRODUCTS WILL BE UNINTERRUPTED OR ERROR FREE, NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SAME. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. NO STATEMENT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US IN ANY MEANS OR FASHION SHALL CREATE ANY WARRANTY NOT EXPRESSLY AND EXPLICITLY SET FORTH IN THIS AGREEMENT.

WE SHALL HAVE NO LIABILITY OF ANY NATURE WHATSOEVER FOR YOUR COMPLIANCE WITH OR BREACH OF ANY LICENSE OR TERMS AND CONDITIONS OF ANY THIRD PARTIES OR THIRD PARTY SERVICES.
WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR (a) THE ACCURACY OR RELIABILITY OF ANY THIRD PARTY CONTENT, OPINION, ADVICE OR STATEMENT MADE BY ANYONE OTHER THAN US, OR (b) ANY EVENT HOSTED, THE RESULTS OF ANY SURVEY, OR ANY PRODUCT OR SERVICE PURCHASED OR OTHERWISE OBTAINED FROM ANY THIRD PARTY, INCLUDING OUR CUSTOMERS.

NO CLAIM MAY BE ASSERTED BY YOU AGAINST US MORE THAN 12 MONTHS AFTER THE DATE OF THE CAUSE OF ACTION UNDERLYING SUCH CLAIM. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE OR NONPERFORMANCE OF THE SITE OR THE PRODUCTS SHALL BE FOR US TO USE COMMERCIALLY REASONABLE EFFORTS TO ADJUST OR REPAIR THE SITE OR THE PRODUCTS.

TO THE EXTENT THE LAW PERMITS, YOU RELEASE US FROM ANY CLAIMS OR LIABILITY RELATED TO (a) ANY CONTENT POSTED ON YOUR SITE OR IN ANY MATERIALS YOU SEND USING THE SITE OR THE PRODUCTS, (b) THE CONDUCT OF ANY OTHER CUSTOMERS OF OURS OR THEIR RESPECTIVE SUBSCRIBERS AND (c) ANY PROBLEMS THAT MAY ARISE FROM ANY REMOTE ACCESS TO YOUR COMPUTERS OR OTHER SYSTEMS YOU PROVIDE TO OUR PERSONNEL OR AGENTS FOR THE PURPOSE OF TROUBLESHOOTING ISSUES. YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 (IF YOU ARE A CALIFORNIA RESIDENT), AND ANY SIMILAR PROVISION IN ANY OTHER JURISDICTION (IF YOU ARE A RESIDENT OF SUCH JURISDICTION).

Limitation of Liability

EXCEPT WITH RESPECT TO DEATH OR PERSONAL INJURY DUE TO THE NEGLIGENCE OF WINSTORM PRESENTS, INC, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL WINSTORM PRESENTS, INC OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, THIRD PARTY SUPPLIERS AND PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS "WINSTORM PRESENTS, INC") BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF WINSTORM PRESENTS, INC SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY, AND REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE MAXIMUM AGGREGATE LIABILITY OF WINSTORM PRESENTS, INC TO YOU ARISING IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE APPLICABLE PRODUCT IN THE 12 MONTHS PRIOR TO THE ACCRUAL OF THE APPLICABLE CLAIM, LESS ANY DAMAGES PREVIOUSLY PAID BY WINSTORM PRESENTS, INC TO YOU IN THAT 12 MONTH PERIOD. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

You agree that WINstorm Presents, Inc has set its prices and entered into this Agreement in reliance upon the disclaimers of warranty and the limitations of liability set forth herein, that they reflect an allocation of risk between the parties (including the risk that a contract remedy may fail of its essential purpose and cause consequential loss), and that they form an essential basis of the bargain between the parties.

Restricted Persons; Export of the Site, the Product or Technical Data

You hereby represent and warrant that you are not a Restricted Person. For purposes of this Agreement, you are a "Restricted Person" if you or any officer, director, or controlling shareholder of the entity on behalf of which you are using the Site or the Product is (a) a national of or an entity existing under the laws of any country with which U.S. or Canadian persons are prohibited from engaging in transactions, as may be determined from time to time by the U.S. Treasury Department; (b) designated as a Specially Designated National or institution of primary money laundering concern by the U.S. Treasury Department; (c) listed on the Denied Persons List or Entity List by the U.S. Commerce Department; (d) engaged in nuclear, missile, chemical or biological weapons activities to which U.S. persons may not contribute without a U.S. Government license; or (e) owned, controlled, or acting on behalf of a Restricted Person. If you become a Restricted Person during the term of this Agreement, you shall notify us within 24 hours, and we shall have the right to terminate any further obligations to you, effective immediately and with no further liability to you; provided, however, for the avoidance of doubt, you will remain liable to us for any outstanding obligations hereunder. You agree that you shall not utilize the Site or the Product to conduct or facilitate any transaction with any Restricted Person, except as may be expressly authorized in advance in writing by the U.S. Government. You may not remove or export from the United States or allow the export or re-export of the Site or the Product, or any direct product thereof, including technical data, in violation of any restrictions, laws, or regulations of the United States or any other applicable country.

13. Third-Party Websites and Services

The Site and the Product include social media tools that may, among other things, allow you to manage access, post content and manage content on social network platforms (for example, Facebook® and Twitter®). These tools also allow you to use the Product to share information to social media sites. You hereby grant us all required permissions to access such sites and provide this functionality.

The Site may contain links to websites that are controlled by third parties and access to certain third-party services, which may include, without limitation, social bookmarking services, social network platforms, Digital Reward publication and delivery services, Payment Processing Services and other payment intermediaries or websites (each, a "Third Party Service"). These links and services are provided to you as a convenience, and we are not affiliated with or responsible for the content, action or performance of any linked website or Third-Party Service and you use such websites or services at your own risk. Any Third Party Service accessed from the Site or the Product is independent from us and we have no control over, and assume no responsibility for, the content, privacy policy, terms of use and practices of such website or service. Any such Third Party Service may have terms of use and a privacy policy different than ours and you should review the applicable terms and policies, including privacy and data gathering practices before proceeding.

You agree to abide by the terms and conditions of any applicable Third Party Service. Notwithstanding anything set forth herein to the contrary, you will abide by this Agreement regardless of anything to the contrary in your agreement with any third party and you shall not use such Third Party Service to avoid the restrictions set forth in this Agreement.

We may terminate any Third Party Service's ability to interact with the Site or the Product at any time, with or without notice, and in our sole discretion, without liability to you or to the third party. Any Third Party Service may take actions to impact our ability to make available some or all of the features of the Site or the Product at any time, with or without notice, and we will not be liable to you or to the third party for any such actions. We accept no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of, any Third Party Services.

In order to use some features of the Site or the Product, you must have access to a valid email or social networking account. You are solely responsible for paying any third-party fees associated with such third-party networks. You further agree that the ability to use some features of the Site or the Product may be subject to subscriber terms of use, contracts, capacity charges and/or other expenses established and enforced by your internet service provider or other applicable service provider, all of which are your sole responsibility. You agree that use of the Product will not violate any rules, restrictions policies, or requirements of your email service provider, internet service provider or other applicable service provider.
In no event shall any reference to any third party or third party product or Third Party Service be construed as an approval or endorsement by us of that third party or of any product or service provided by such third party.

14. Notice and Take Down Procedures; Copyright Agent.

If you believe any materials accessible on or from the Site or the Product infringe your copyright or other intellectual property, you may request removal of those materials (or access thereto) from the Site or the Product by contacting our copyright agent (identified below) and providing the following information:

Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (for example, the URL) of an authorized version of the work.
Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
Any information required to be included in a copyright infringement report (as we shall notify to you from time to time and request from you as necessary).
Your name, address, telephone number and (if available) email address.
A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.

In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in appropriate circumstances, of WINstorm Presents, Inc account holders who are repeat infringers.

Username and Password

You are responsible for maintaining the security of your WINstorm Presents, Inc account, passwords (including the passwords that your Authorized Users, if any, have access to). We will accept the instructions of any individual who claims to be authorized to direct changes to your WINstorm Presents, Inc account so long as such person presents the Account Owner username and password or provides other appropriate account identifying information, as determined by us in our sole discretion, by email or by phone, or through a Third Party Service, if any, through which you access the Site or the Product. We have no knowledge of your organizational structure, if you are registering for the Product as an organization, or your personal relationships, if you are a person. You will be solely responsible and liable for any activity that occurs under your username and the activities of your Authorized Users, if any, and we shall not be responsible for the actions of any individuals who misuse or misappropriate your contact lists or other assets using your username and password or other appropriate account identifying information. You agree to notify us immediately of any unauthorized use of your WINstorm Presents, Inc account or any other breach of security.

Forward-Looking Statements

You acknowledge that the Site contains "forward-looking statements" within the meaning of the Private Securities Litigation Reform Act of 1995 regarding us. These forward-looking statements regarding us are made as of the date they were first issued and were based on current expectations, estimates, forecasts and projections as well as the beliefs and assumptions of our management. Words such as "expect," "anticipate," "should," "believe," "hope," "target," "project," "goals," "estimate," "potential," "predict," "may," "will," "might," "could," "intend," variations of these terms or the negative of these terms and similar expressions are intended to identify these forward-looking statements. Forward-looking statements are subject to a number of risks and uncertainties, many of which involve factors or circumstances that are beyond our control. Past performance is not necessarily indicative of future results. We undertake no intention or obligation to update or revise any forward-looking statements, whether as a result of new information, future events or otherwise.

International Use; Prohibited by Law

In recognition of the global nature of the Internet, you agree to comply with all local rules where you reside or your organization is located regarding online activities, email and the Site or the Product. More specifically, but without limitation, you agree to comply with all applicable laws regarding the transmission of technical data exported to or from Canada, the United States or the country in which you reside. Those who access the Site or the Product from other locations do so at their own initiative and risk, and are fully responsible for compliance with all applicable laws in those locations. We do not offer the Site or the Product where prohibited by law.

For the purposes of European Directive 95/46/EC and applicable national implementing laws in your jurisdiction, and with respect to your subscribers’ or customers’ personal data, you acknowledge and agree that you are the data controller, and we are a data processor. You also acknowledge and agree that you are responsible for complying with all obligations of a data controller under applicable law.

Miscellaneous

Full Force and Effect

If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.

Entire Agreement

We and you agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy.

Assignment

You may not assign any of your rights hereunder. We may assign all rights to any other individual or entity in our sole discretion.
Further Assurances.

You agree to execute any and all documents and take any other actions reasonably required to effectuate the purposes of this Agreement.

Third Party Beneficiaries

Nothing express or implied in this Agreement is intended to confer, nor shall anything herein confer, upon any person other than the parties and the respective permitted successors or assigns of the parties, any rights, remedies, obligations or liabilities whatsoever.

Titles

The titles of the paragraphs of this Agreement are for convenience only and have no legal or contractual effect.

No Agency

No agency, partnership, joint venture, or employment is created as a result of this Agreement, and you do not have any authority of any kind to bind us in any respect whatsoever.

Attorney Fees

In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover its costs and attorney’s fees.

Governing Law and Legal Actions

This Agreement shall be governed by the laws of Nova Scotia and all claims relating to or arising out of this Agreement, or the breach thereof, whether sounding in contract, tort or otherwise, shall likewise be governed by the laws of Nova Scotia.

Additional Information

If you have any questions about the rights and restrictions above, or would like to report any inaccuracies or errors, please contact us by email at info@winstorm.ca

UK Site Visitors and Customers

If you are accessing the Site or purchasing any Product from the UK, Sections 9, 10 and 11 of this Agreement will not apply to you as set out above, but will be replaced in their entirety with the following wording:

9. Indemnification

You hereby agree to defend, indemnify and hold harmless us and our business partners, third-party suppliers and providers, licensors, officers, directors, employees, distributors and agents from and against any damages, losses, liabilities, penalties, settlements and expenses (including costs and reasonable legal fees) in connection with any claim or action that (a) arises from a breach by you of any of the following Sections of this Agreement: 1, 2, 4-8, 17 or 19; (b) arises from a breach by you of the Anti-Spam Policy or Privacy Policy or of your obligations as a data controller under applicable law; (c) arises from the content or effects of any messages you distribute, events you host, surveys you administer, social media campaigns you publish, Deals, Promotions or Digital Rewards you offer, or product or services you sell (including, without limitation, claims relating to violations of law, false advertising, injuries, illness, damages, death, taxes, fulfillment, breach of Offer Terms, defective product or services or unclaimed property); (d) arises from your provision of incomplete or inaccurate information to your subscribers or customers; (e) arises from your activities or postings in the WINstorm Presents, Inc Community in breach of the terms of this Agreement; (f) arises from your use of any Third Party Service (as defined below), in breach of the terms of this Agreement or the terms of any agreement in place with the relevant Third Party Service; or (g) arises from your activities related to the WINstorm Presents, Inc

YOU EXPRESSLY AGREE THAT THE SITE AND THE PRODUCTS (INCLUDING ANY CUSTOM SERVICES OFFERINGS) ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SITE OR THE PRODUCTS AND ANY RELIANCE BY YOU UPON THE SITE OR THE PRODUCTS, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT THE USE OF THE SITE OR THE PRODUCTS WILL BE UNINTERRUPTED OR ERROR FREE, NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SAME. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY EXCLUDE ALL CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW OR THE LAW OF EQUITY. NO STATEMENT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US IN ANY MEANS OR FASHION SHALL CREATE ANY WARRANTY NOT EXPRESSLY AND EXPLICITLY SET FORTH IN THIS AGREEMENT.

TO THE EXTENT APPLICABLE LAW PERMITS, YOU RELEASE US FROM ANY CLAIMS OR LIABILITY RELATED TO (a) ANY CONTENT POSTED ON YOUR SITE OR IN ANY MATERIALS YOU SEND USING THE SITE OR THE PRODUCTS, (b) FROM ANY CLAIMS RELATED TO THE CONDUCT OF ANY OTHER CUSTOMERS OF OURS OR THEIR RESPECTIVE SUBSCRIBERS, AND (c) ANY PROBLEMS THAT MAY ARISE FROM ANY REMOTE ACCESS TO YOUR COMPUTERS OR OTHER SYSTEMS YOU PROVIDE TO OUR PERSONNEL OR AGENTS FOR THE PURPOSE OF TROUBLESHOOTING ISSUES.

11. Limitation of Liability

EXCEPT WITH RESPECT TO FRAUDULENT MISREPRESENTATION, DEATH OR PERSONAL INJURY DUE TO THE NEGLIGENCE OF WINSTORM PRESENTS, INC, OR LIABILITY THAT MAY NOT OTHERWISE BE LIMITED OR EXCLUDED BY LAW, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT (INCLUDING NEGLIGENCE), CONTRACT, BREACH OF STATUTORY DUTY OR OTHERWISE, SHALL WINSTORM PRESENTS, INC OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS "WINSTORM PRESENTS, INC") BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL OR ANTICIPATED SAVINGS, OR FOR ANY INDIRECT OR CONSEQUENTIAL LOSSES