Website Terms and Conditions of Use
The following terms and conditions (the “Terms and Conditions”) govern your use of this website, and any content made available from or through this website, including any sub-domains thereof (the “Website”). The Website is made available by Wing Side Up Enterprises (“Wing Side Up Enterprises” or “Wing Side Up”or “www.wingsideup.wordpress.com” or “we” or “us”). We may change the Terms and Conditions from time to time, at any time without notice to you, by posting such changes on the Website. BY USING THE WEB SITE, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS AS APPLIED TO YOUR USE OF THE WEB SITE. If you do not agree to these Terms and Conditions, you may not access or otherwise use the Website.
- Proprietary Rights: As between you and Wing Side Up Enterprises, Wing Side Up Enterprises owns, solely and exclusively, all rights, title and interest in and to the Website, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, text, software, titles, Shockwave files, etc.), code, data and materials thereon, the look and feel, design and organization of the Website, and the compilation of the content, code, data and materials on the Website, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein. Your use of the Website does not grant to you ownership of any content, code, data or materials you may use on or through the Website.
- Limited License: You may get access to and view the content on the Website on your computer or other device and, unless otherwise indicated in these Terms and Conditions or on the Website, make single copies or prints of the content on the Website for your personal, internal use only. Use of the Website and the services offered on or through the Website, are only for your personal, non-commercial use.
- Prohibited Use: Any commercial or promotional distribution, publishing or exploitation of the Website, or any content, code, data or materials on the Website, is strictly prohibited unless you have received the express prior written permission from authorized staff of Wing Side Up Enterprises or the otherwise applicable rights holder. Other than as expressly allowed herein, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on or available through the Website.You further agree that you may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or re-purpose, any of the content, code, data, or other materials on or available through the Website, including, without limitation, the alteration or removal of any trademarks, trade names, logos, service marks, or any other proprietary content or proprietary rights notices. You acknowledge that you do not acquire any ownership rights by downloading any copyrighted material from or through the Website. If you make other use of the Website, or the content, code, data or materials thereon or available through the Website, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.
- Trademarks: The trademarks, logos, service marks and trade names (collectively the “Trademarks”) displayed on the Website or on content available through the Website are registered and unregistered Trademarks of Wing Side Up Enterprises and others and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders that are likely to cause customer confusion, or in any way that disparages or discredits their rights holders. All Trademarks not owned by Wing Side Up Enterprises that appear on the Website or on or through the Website’s services, if any, are the property of their respective owners. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Website without the written permission of Wing Side Up Enterprises or the third-party that may own the applicable Trademark. Your misuse of the Trademarks displayed on the Website or on or through any of the Website’s services is strictly prohibited.
- Prohibited User Conduct: You warrant and agree that, while using the Website and the various services and features offered on or through the Website, you shall not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) insert your own or a third-party’s advertising, branding or other promotional content into any of the Website’s content, materials or services (for example, without limitation, in an RSS feed or a podcast received from or otherwise through the Web Site), or use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes; or (c) attempt to gain unauthorized access to other computer systems through the Website.You shall not: (i) engage inspidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Website or the services offered on or through the Website, including without limitation any information residing on any server or database connected to the Website or the services offered on or through the Website; (ii) obtain or attempt to obtain unauthorized access to computer systems, materials or information through any means; (iii) use the Website or the services made available on or through the Website in any way with the intent to interrupt, damage, disable, overburden, or impair the Website or such services, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests; (iv) use the Website or the Website’s services or features in violation of Wing Side Up Enterprises’ or any third-party’s intellectual property or other proprietary or legal rights; or (v) use the Website or the Website’s services in violation of any applicable law. You further agree that you shall not attempt (or encourage or support anyone else’s attempt) to get around, reverse engineer, decrypt, or otherwise alter or interfere with the Website or the Website’s services, or any content thereof, or make any unauthorized use thereof.You agree that you shall not use the Website in any way that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website or any of its services. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Website.
- Public Forums: Wing Side Up Enterprises may, from time to time, make messaging services, chat services, bulletin boards, message boards, blogs, other forums and other such services available on or through the Website. In addition to any other rules or regulations that we may post in connection with a particular service, you agree that you shall not upload, post, transmit, distribute or otherwise publish through the Website or any service or feature made available on or through the Website, any materials which (i) restrict or inhibit any other user from using and enjoying the Website or the Website’s services, (ii) are fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus, spyware, or other harmful part, (vi) contain embedded links, advertising, chain letters or pyramid schemes of any kind, or (vii) constitute or contain false or misleading indications of origin, endorsement or statements of fact. You further agree not to impersonate any other person or entity, whether real or fictitious, including anyone from Wing Side Up Enterprises You also may not offer to buy or sell any product or service on or through your comments submitted to our forums. You alone are responsible for the content and consequences of any of your activities.
- Private or Sensitive Information on Public Forums: It is important to remember that comments submitted to a forum may be recorded and stored in multiple places, both on our Website and elsewhere on the Internet, which are likely to be accessible for a long time and you have no control over who will read them eventually. It is important that you are careful and selective about the personal information that you show about yourself and others, and in particular, you should not show sensitive, embarrassing, proprietary or confidential information in your comments to our public forums.
- Linking to the Website: You agree that if you include a link from any other website to the Website, such link shall open in a new browser window and shall link to the full version of an HTML formatted page of this Website. You are not permitted to link directly to any image hosted on the Website or our services, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another website. You agree not to download or use images hosted on this Website on another web site, for any purpose, including, without limitation, posting such images on another site. You agree not to link from any other web site to this Website in any way such that the Website, or any page of the Website, is “framed,” surrounded or obfuscated by any third-party content, materials or branding. We reserve all of our rights under the law to insist that any link to the Website be discontinued, and to revoke your right to link to the Website from any other web site at any time upon written notice to you.
- Indemnification: You agree to defend, indemnify and hold Wing Side Up Enterprises and its affiliates’ directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including attorneys’ fees, arising in any way from your use of the Website, your placement or transmission of any message, content, information, software or other materials through the Website, or your breech or violation of the law or of these Terms and Conditions. Wing Side Up Enterprises reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Wing Side Up Enterprises’ defense of such claim.
- Orders for Products and Services: We may make certain products available to visitors and registrants of the Website. If you order any products, you hereby represent and warrant that you are 18 years old or older. You agree to pay in full the prices for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to Wing Side Up Enterprises You agree to pay all applicable taxes. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us. Certain products that you buy and/or download on or through the Website may be subject to more terms and conditions presented to you at the time of such buy or download.
- Third Party Web Sites: You may be able to link from the Website to third party web sites and third party websites may link to the Website (“Linked Sites”). You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites, even if they are owned or run by affiliates of ours. Links to Linked Sites do not constitute an endorsement or sponsorship by us of such website or the information, content, products, services, advertising, code or other materials presented on or through such web sites. The inclusion of any link to such sites on our Site does not imply Wing Side Up Enterprises’ endorsement, sponsorship, or recommendation of that site. Wing Side Up Enterprises disclaims any liability for links (1) from another website to this Web Site and (2) to another website from this Website. Wing Side Up Enterprises cannot guarantee the standards of any web site to which links are provided on this Website nor shall Wing Side Up Enterprises be held responsible for the contents of such sites, or any subsequent links.Wing Side Up Enterprises does not represent or warrant that the contents of any third-party web site is accurate, compliant with state or federal law, or compliant with copyright or other intellectual property laws. Also, Wing Side Up Enterprises is not responsible for or any form of transmission received from any linked web site. Any reliance on the contents of a third-party web site is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.
- Photosensitive Seizures: A very small percentage of people may experience a seizure when exposed to certain visual images, such as flashing lights or patterns that may appear in video games or other electronic or online content. Even people who have no history of seizures or epilepsy may have an undiagnosed condition that can cause these “photosensitive epileptic seizures” while watching video games or other electronic content. These seizures have a variety of symptoms, including light-headedness, disorientation, confusion, momentary loss of awareness, eye or face twitching, altered vision or jerking or shaking of arms or legs. If you experience any of the foregoing symptoms, or if you or your family has a history of seizures or epilepsy, you should immediately stop using the Website and consult a doctor.
- Applicable Laws: We control and run the Website from our offices in the United States of America. We do not represent that materials on the Website are proper or available for use in other locations. Persons who choose to get access to the Website from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. All parties to these terms and conditions waive their respective rights to a trial by jury.
- Termination: Wing Side Up Enterprises may terminate, change, suspend or stop any aspect of the Website or the Website’s services at any time. Wing Side Up Enterprises may restrict, suspend or end your access to the Web Site and/or its services if we believe you are in breach of our terms and conditions or applicable law, or for any other reason without notice or liability. Wing Side Up Enterprises maintains a policy that provides for the termination in appropriate circumstances of the Website use privileges of users who are repeat infringers of intellectual property rights.
- Miscellaneous: The Terms and Conditions, and the relationship between you and us, shall be governed by the laws of the State of Indiana, United States of America, without regard to conflict of law provisions. You agree that any cause of action that may arise under the Terms and Conditions shall be commenced and be heard in the appropriate court in the State of Indiana, County of Elkhart, United States of America. You agree to submit to the personal and exclusive jurisdiction of the courts located within Elkhart County in the State of Indiana. Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should attempt to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms and Conditions stay in full force and effect.
- Copyright Agent: We respect the intellectual property rights of others, and require that the people who use the Website, or the services or features made available on or through the Website, do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to Wing Side Up Enterprises Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:
- Your address, telephone number, and email address;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the alleged infringing material is located;
- 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;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
- A statement by you, made under penalty of perjury, that the above information in your notice is correct and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
Wing Side Up Enterprises
e-mail: Wing Side Up
For Customer Service do not contact the Copyright Agent, please contact:
Wing Side Up Enterprises Customer Service
2509 Waneta Drive
Goshen, IN 46526
DISCLAIMER OF WARRANTIES: The Website, including, without limitation, all services, content, functions and materials provided through the Website, are provided “As Is,” “As Available,” without warranty of any kind, either express or implied. This includes without any limitation, any warranty for information, data, data processing services, up-time or uninterrupted access. Any warranties concerning the availability, playability, display-ability, accuracy, precision, correctness, thoroughness, completeness, usefulness, or content of information and any warranties of title, non-infringement, merchantability or fitness for a particular purpose are also included. and we hereby disclaim any and all such warranties, express and implied.
We do not warrant that the Website or the services, content, functions or materials provided through the Website will be timely, secure, uninterrupted or error free, and do not warrant that defects will be corrected.
We make no warranty that the Website or the provided services will meet the users’ requirements. No advice, results or information, whether oral or written, obtained by You from Us or through the Website shall create any warranty not expressly made herein.
Wing Side Up Enterprises also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect your equipment on account of your access to, use of, or browsing in the Website, or by your downloading of any marterials, data, text, images, video content, or audio content from the Website. If you are dissatisfied with the Website, your sole remedy is to discontinue using the Website. We do our very best to ensure that the information posted on the Website is correct and up-to-date. We reserve the right to change or make corrections to any of the information provided on the Website at any time adn without any prior warning.
Wing Side Up neither endorses nor is responsible for the accuracy or the reliability of any opinion, advice, or statement on the Website, nor for any offense, defamatory, obscene, indecent, unlawful or infringing posting made tereon by anyone other than authorized Wing Side Up Enterprises Employee, Spokespersons, or Agent while acting in their official capacities, (including, without limitation, other users of the Website).
IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE WEBSITE.
PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO FINANCIAL, HEALTH, SAFETY, OR LIFESTYLE INFORMATION, OPINION, ADVICE OR OTHER CONTENT.
ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE WEBSITE ARE PROVIDED BY WING SIDE UP ENTERPRISES “AS IS,” EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A LICENSE OR SALE AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND WING SIDE UP ENTERPRISES OR ITS LICENSOR OR SUPPLIER.