Winzee's Rules -- Terms & Conditions of Service
Effective from: January 1st , 2011 Welcome to Winzee.com!
We hope you'll enjoy being a part of our community, our newsletters, our website, our discussion boards, and whatever else we come up with (each a "Service," and collectively, the "Services").
But first things first: By using the Services, you're agreeing to be bound by these Terms and Conditions. If you don't wish to be bound by what we've written below, you shouldn't register with Winzee.com, ("Winzee.com, " "Winzee," "we" or "us") or use the Services we provide. We may change these terms at any time, but we will post a notice on this website of any material changes. Your continued use of Winzee.com and its Services means that you accept any new or modified terms and conditions. So please check back here from time to time. We reserve the right to change or even eliminate services with no notice, at our sole discretion.
Except as expressly provided in these Terms and Conditions, members may only maintain one active registration with Winzee. In other words, it's one registration per person. Any use of multiple accounts or aliases on our Services, including attempts to mislead, defraud, confuse or otherwise trick us or our members, is a breach of these Terms and Conditions.
If you subscribe to one of our Services you will be asked to create a password, which you'll need to access the Service. Should you wish to post a message on the discussion boards or comment on an article or a blog, you'll also be required to choose a user name. As a registered user, you can update your account settings, including your email address, by going in your user management interface.
2. Subscription Services
When subscribing to a Service, you will need to provide us with your name, email address and, if the Service requires you to pay, your billing and shipping addresses, as well as your credit card information. You certify that all information you provide is accurate. You also agree to maintain and update your information as necessary so that it remains accurate and current. In the event that any information you provide is inaccurate or not up-to-date, Winzee.com reserves the right to cancel your subscription and your account.
Some Services may provide a free trial or introductory offer. If such an offer is provided, only one per household and per email address is allowed at any given point in time. In addition, there is a limit of one trial per person and per email address in any given twelve-month period unless otherwise stated in the offer.
If you don't cancel your subscription within the trial or introductory offer period, we will charge the credit card you provided during the sign-up process. You agree to pay the applicable subscription fee as set forth on this site. Winzee.com reserves the right to increase a Service's fees or institute new charges upon reasonable notice. Service fees are due in advance. You may cancel your membership at any time by contacting us. We do not issue refunds for cancellations.
Your membership will automatically renew for the subscription period you originally signed up for, until you notify us of your decision to terminate your membership. Accordingly, you agree that your membership fee or subscription will be billed automatically at the beginning of each renewal period at the then-current rate to the credit card you used in your most recent transaction with us.
In the event that we terminate a Service, you agree that Winzee.com may transfer your subscription to another Service of equal or greater value. Of course you may cancel your membership to the new Service at any time and, in this case, receive a pro-rated refund.
3. Intellectual Property
All of the Content on our websites and any Service we provide is protected by Canadian and international copyright laws and is the property of Winzee.com and/or providers of the content under license. By "Content" we mean any information, mode of expression, or other materials and services found on Winzee.com. This includes message boards, blogs, chats, software, our writings, graphics, and ratings, and any and all other features.
You may make one copy of the Content for your personal, non-commercial use, provided that any material copied remains intact and includes the following notice: "Copyright 2011 Winzee.com. All rights reserved." Any other copying, distribution, storing, or transmission of any kind, or any commercial use of our Content, is prohibited without Winzee's prior written permission. That means you may not sell, auction, transfer or barter your subscription or any individual publication. You also may not republish, post, transmit or distribute the Content to online bulletin and message boards, blogs, chat rooms, intranets or anywhere else without our consent. You further agree not to create abstracts from or scrape our Content for use on another website or service. Aside from opening yourself up to liability, distributing our premium Services to other sites and forums is unfair to our members who pay good money to receive our Content. So please don't do it.
Please note that notwithstanding the foregoing, when you post content (such as a message-board post), you are not somehow surrendering your copyright in your expression. By posting content, you agree that Winzee.com has an unlimited and perpetual license to republish anything you post on our websites on any media whatsoever, but aside from that, you retain the right to use your words however you want. If you don't want us to republish your words, then please don't post them on our websites. We'll only republish your post in context, and we'll credit you (under your user name) as author (unless we're using small quotations). You agree not to display any of Winzee.com's trademarks or use them in any manner without our express written permission.
Winzee.com champions active and open debate among our members. All we ask is that it's done in a lawful and civil manner -- be it posting on our boards, commenting on blogs or articles or using our system to contact a fellow member in any way. Accordingly, you agree to use Winzee.com for lawful purposes only.
You may not use or allow others to use your membership to:
* Post or transmit any content that is disruptive, uncivil, abusive, vulgar, profane, obscene, hateful, fraudulent, threatening, harassing, defamatory, or which discloses private or personal matters concerning any person;
* Post or transmit any material that you don't have the right to transmit under law (such as copyrights, trade secrets, or securities) or under contractual or fiduciary relationships (such as nondisclosure agreements);
* Post, transmit, or link to sexually explicit material;
* Impersonate any person, or falsely state or otherwise misrepresent your affiliation with a person or entity;
* Post or transmit any advertising, promotional materials, or other forms of solicitation, including chain letters and pyramid schemes;
* Violate any applicable law or regulation while accessing and using our sites;
* Post or transmit any file that contains viruses, corrupted files, "Trojan Horses," or any other contaminating or destructive features that may damage someone's computer;
* Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through our sites or to manipulate your presence on our sites;
* Use any automated means, including without limitation, agents, robots, scripts, or spiders, to access, monitor, copy or harvest data from any part of our sites;
* Take any action that imposes an unreasonably or disproportionately large load on our infrastructure or disrupts the functioning of our systems or Services; and
* Take any action that damages or disrupts the functioning of our systems or Services. Unauthorized access of our sites is a breach of these Terms and Conditions and a violation of the law. You agree not to access our sites by any means other than through the interfaces we provide for use in our accessing our sites.
Winzee.com may at any time, without prior notice and at our sole discretion, remove any post, terminate any membership, or take any action for violating the above provisions or otherwise taking an action disruptive to a Service. In the event we terminate a Service you are paying for because your account was used by you or another to breach these Terms and Conditions, you will NOT receive a pro-rated refund.
You are responsible for statements made and actions taken through the use of your password, so please maintain the confidentiality of your password. You agree to immediately notify us of any actual or suspected unauthorized use of your username and password. We will not be responsible for any loss to you arising from unauthorized use of your data. For more information on posting, please see our Posting Guidelines.
If you see something that you feel is a violation of Winzee's Rules, please notify us by emailing us using our "Contact Us" page 5. Disclaimer of Warranties and Liabilities
Please read Winzee.com's Disclaimer which is incorporated herein by reference********.
Winzee.com provides a very broad range of information and commentary via its many Services. Consequently, as a result of the diverse opinions of our staff, we may, from time to time, take actions or issue recommendations with regard to specific penny auction sites that are different from those taken or issued by another Service we provide.
Additionally, we're not advisors and we cannot provide personalized advice. We can't know all the relevant facts about you and your individual needs, and we cannot claim or represent that any particular Services are suitable for you. If you want personal advice, then you should seek elsewhere.
Winzee.com does not warrant the completeness or accuracy of the Content found in our Services or its usefulness for any particular purpose. And although we have the hardest-working, most talented staff in the business, Winzee.com makes no promises that our content or any of the Services will be delivered to you on an uninterrupted, timely, secure, or error-free basis. In fact, we're not making any promises or warranties except that we'll do our best to provide interesting and helpful information, education, and entertainment. Other than that, we reserve the right to be wrong or stupid.
You agree that under no circumstances will Winzee.com, its employees, or its agents be liable for direct, indirect, incidental or any other type of damages resulting from your use or downloading of any material on our sites, even if we have been advised of the possibility of such damages. This includes, but is no way limited to, loss or injury caused in whole or in part by our negligence or by events beyond our control in creating or delivering any of our Services.
One of the principal tenets here at Winzee is that the best person to handle your playing and purchases on penny auction sites is you. By your use of our Services, you're agreeing that you bear responsibility for all your penny auction decisions. You also agree that Winzee.com, its directors, its employees, and its agents will not be liable for any decision made or action taken by you and others based on news, information, opinion, or any other material published through our Services. Winzee relies on various sources of information that we believe to be accurate and reliable. There are also literally thousands of contributors here, most, we believe, with incredibly interesting and insightful information and opinions to share. But we can't and won't take responsibility for, or make any claims or representations about, the accuracy, completeness, or even the truth of every bit of data, information, and opinion provided through our Services. Remember: All information and content provided on or by Winzee.com is to be used on an "as is" basis.
Disclaimers of Liability:
NEITHER WINZEE.COM NOR ANY OF OUR PARTNERS MAKES ANY WARRANTY THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU PURCHASE OR OBTAIN FROM THE USE OF OUR SERVICES WILL MEET YOUR EXPECTATIONS OR THAT AND ANY ERRORS WILL BE IMMEDIATELY CORRECTED. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR WEBSITES, ANY CONTENT, OR ANY OF OUR SERVICES, TOOLS, PRODUCTS, OR PROPERTIES. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF OUR SERIVCES AND THE ACCURACY OR COMPLETENESS OF THEIR CONTENT.
SOME STATES AND SOME COUNTRIES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES AND COUNTRIES, OUR LIABLITY AND THAT OF OUR THIRD-PARTY CONTENT PROVIDERS WILL BE LIMITED TO THE LESSER OF: TWO CANADIAN DOLLARS (2$), THE COST YOU INCURRED FOR YOUR LATEST SUBSCRIPTION PERIOD OR TO THE GREATEST EXTENT PERMITTED BY LAW.
Federal or provincial law may require that we notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on our websites or sending them to you via email (another reason to please keep your account settings current). If you do not provide us with accurate information, we cannot be held liable if we fail to notify you.
6. Everything Else
If any provision in these Terms and Conditions is found to be invalid, unenforceable, or nonsensical, the remaining provisions will continue in full force and effect. This agreement is and always will be governed by the laws of Québec, Canada. You agree that the proper forum for any claim arising thereunder will be the Québec Court in the Montréal jurisdiction.
Please note that certain individual Services may have their own, or additional, terms and conditions. In the event of a conflict, the terms for the individual Service will control with respect to the Service in question. So please be sure to review any additional terms and conditions with respect to any specific Service that you subscribe to or use.
These Terms and Conditions, including those that are incorporated by reference, constitute the entire and only agreement between you and Winzee.com and govern your use of our sites.
Winzee.com Disclaimer Effective from: January 1st 2011
Winzee.com is designed to run penny auctions. Information is sometimes provided by our staff and sometimes by other contributors, most of whom use anonymous screen names and are people we've never met.
We recognize that while we have tons of great stuff on this site, people sometimes post messages in our site or make statements in our chat rooms that are misleading, deceptive, or downright wrong. They may do this unintentionally or intentionally. Treat the contributors here the same way you'd treat anyone you'd met for the first time. This is important because anyone can show up to our site: no invitations are required. You shouldn't make a bid or setup a strategy just because some stranger (or even a friend) talks it up; you shouldn't treat cyberspace any differently.
The fundamental concept is that you should NOT rely upon the information or opinions you read. Rather, you should use what you read here as starting points for doing independent research on penny auctions and bidding techniques. Then judge for yourself the merits of the material that has been shared in our site.
Winzee.com does not guarantee the veracity, reliability or completeness of any information provided in our site and forum or in any hyperlink appearing on our site. No one could read through all the messages we receive each day, check out all the hyperlinked web sites, and research each one for accuracy. That isn't why we're here. Nor are we here to give you hot "tips," to make recommendations, or to tell you what to do with your money. We're here to help you to learn how to make penny auction decisions for yourself, and to have fun.
You are responsible for your own decisions. Winzee.com will not be responsible for any errors or omissions in articles or postings, for hyperlinks embedded in messages, or for any results obtained from the use of such information. Winzee.com will not be liable for any loss or damage caused by a reader's reliance on information obtained in our area, or in a hyperlinked area. If you don't accept this responsibility for yourself, then you should not use Winzee.com.
If you ignore our advice to do independent research of penny auction sites, auctions or bidding strategy, choosing instead to act solely on information, "tips," or opinions found in our site, you have made a conscious, willing, free, and personal decision to do so. You have also probably made a mistake.
As cyberspace develops, the freedom and openness from which we all profit can make us the target of touts, hypesters, and frauds. These people could infect our site, just as they infect other parts of the world. Please proceed with caution and do your homework. And remember: when you access one of these hyperlinked web sites, you're leaving our area so be wary of those who post hyperlinks to other web sites.
Data and Analysis
In the material and data that we make available in our site, we rely on a wide variety of sources. We believe these sources of data to be accurate and reliable, but sometimes they may not be. Winzee makes no claims or representations as to the accuracy, completeness, or truth of any material contained in our areas. Nor is Winzee liable for any errors or delays in the content or transmission of the data on our site. We promise not to lie to you, but we reserve the right to be wrong or stupid.
You will see some people which are our staff on Winzee. Their primary purpose is to keep our site running smoothly. They perform a variety of tasks, especially answering your questions about Winzee and explaining how to navigate our growing site. Some of our staff are knowledgeable about penny auctions, others are not.
Many of these staff members contribute to the various discussions. They are free to contribute, or not contribute, as they see fit. Their opinions are their own. Winzee.com does not regulate what the staff says on our site. In fact, their opinions may differ substantially from each other.
Some staff members may have investments in, or play on, sites they discuss, and some do not. We do not tell our people what they can own, do or what they can write about. All staff members are required to disclose their holdings in penny auction related endeavours on their personal profile pages.
Our staff is drawn from a wide circle of daily life. Most of them are not to be considered statisticians or penny auction professionals. Any weight you ascribe to their opinions should be based on what you think their ability is to analyze statistics or penny auction sites, the same as anyone else you see on our site. You should not believe that these people have any additional insight or information simply because they are a member of our staff.
Terms of Service Violations
If you have been harassed in any manner that you feel is a violation of our Terms of Service it is your obligation to notify us of the offending post(s). Please use our "Contact Us" page for that purpose. If you are unfamiliar with our Terms of Service****, please read them. Please read the The Winzee's Rules **** for more details on our Rules and Terms of Service.