WING END USER LICENSE AGREEMENT
This license agreement is effective on March 9, 2020.
1. The user must be at least 18 years of age to use the Services.
2. The user must be truthful in the mobile app and act in good faith in accordance to state and federal laws..
3. The application will only require the bare minimum personal information in an effort to protect and maintain user’s privacy.
4. The application may use the information obtained on the app to sell to a third-party vendor.
5. The user is responsible for keeping his/her password secret and secure.
6. The user is responsible for any activity that occurs through the user’s account and the user agrees the user will not sell, transfer, license or assign his/her account, followers, username, or any account rights.
8. The user is independently responsible for complying with all applicable laws in all of the user actions related to the user’s use of the Services, regardless of the purpose of the use.
9. The application shall never be used for any illegal or unauthorized purpose.
10. The application is intended to provide the user with the ability to remotely gather safely with friends, family and connections.
11. The user is solely responsible for his/her conduct and any data, text, files, information, images, graphics or photos uploaded into the application.
14. We reserve the right to refuse access to the Services to anyone for any reason at any time.
15. The user agrees that the user is responsible for all data charges the user incurs through use of the Service.
16. The COMPANY respects other people's rights, and expect the user to do the same.
Governing Law & Venue
Except if the parties agree to opt-out and except for certain types of disputes described in the arbitration section below, the user agree that disputes between the user and The COMPANY will be resolved by binding, individual arbitration and the user waives the user’s right to participate in a class action lawsuit or class-wide arbitration.
By accessing or using the Services the user represents and warrants that the user’s activities are lawful in every jurisdiction where the user accesses or uses the Services. The COMPANY does not endorse content and specifically disclaim any responsibility or liability to any person or entity for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any content.
Limitation of Liability and Waiver
Under no circumstances will The COMPANY be liable to the user for any loss or damages of any kind (including, without limitation, for any direct, indirect, economic, exemplary, special, punitive, incidental or consequential losses or damages) that are directly or indirectly related to: (a) the service; (b) the WING content; (c) user content; (d) the user’s use of, inability to use, or the performance of the Services; (e) any action taken in connection with an investigation by The COMPANY or law enforcement authorities regarding the user or any other party's use of the Services; (f) any action taken in connection with copyright or other intellectual property owners; (g) any errors or omissions in the Services’ operation; or (h) any damage to any user's computer, mobile device, or other equipment or technology including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if foreseeable or even if The COMPANY has been advised of or should have known of the possibility of such damages, whether in an action of contract, negligence, strict liability or tort (including, without limitation, whether caused in whole or in part by negligence, acts of god, telecommunications failure, or theft or destruction of the service). In no event will The COMPANY be liable to the user or anyone else for loss, damage or injury, including, without limitation, death or personal injury. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to the user. In no event will the The COMPANY’s total liability to the user for all damages, losses or causes or action exceed one hundred United States dollars ($100.00).
The user agrees that in the event the user incurs any damages, losses or injuries that arise out of the use of the Services, including acts or omissions, the damages, if any, caused to the user are not irreparable or sufficient to entitle the user to an injunction preventing any exploitation of any web site, service, property, product or other content owned or controlled by The COMPANY, and the user will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of any web site, property, product, service, or other content owned or controlled by The COMPANY.
By accessing the Services, the user understands that the user may be waiving rights with respect to claims that are at this time unknown or unsuspected. The COMPANY is not responsible for the actions, content, information, or data of third parties, and the user release The COMPANY, its directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim the user has against any such third parties.
User will cooperate as fully required by The COMPANY in the defense of any claim. The COMPANY reserves the right to assume the exclusive defense and control of any matter subject to indemnification by user, and user will not in any event settle any claim without the prior written consent of The COMPANY.