WindyApps Terms Of Use
Last updated: May 31, 2024
Welcome to WindyApps. This Terms of service
("Agreement", "Terms") applies to Websites, Apps and
Services operated by WindyApps. For simplicity, we
refer to all of these as our "Service","Us","We","Company"
in this Terms. We provide you our services according
to these Terms.
1.
Acceptance of Terms of Use Agreement.
Thank you for using WindyApps's
services. By creating a WindyApps account or by using
any WindyApps service, whether through a mobile
device, mobile application or computer (collectively, the "Service")
you agree to be bound by (i) these Terms of Use, (ii) our Privacy Policy, and
(iii) any terms disclosed to you if you purchase or have purchased additional
features, products or services we offer on the Service (collectively, this
"Agreement"). If you do not accept and agree to be bound by all of
the terms of this Agreement, you should not use the Service.
2.
Terms of Use Changes
We may make changes to this Agreement
and to the Service from time to time. We may do this for a variety of reasons
including to reflect changes in or requirements of the
law, new features, or changes in business practices. The most recent version of
this Agreement will be posted on the Service under "Settings" and
also on the WindyApps website,
and you should regularly check for the most recent version. The most recent
version is the version that applies. The changes will be effective on the day
of publication, and this Agreement will replace any prior agreement. If you
continue to use the Service after the changes become effective, then you agree
to the revised Agreement. You agree this Agreement replaces any prior agreement
and shall govern your entire relationship with WindyApps,
including but not limited to events, agreements, and conduct preceding your
acceptance of this Agreement.
3.
Eligibility
You must be at least 18 years of age to
create an account on WindyApps and use the Service.
We do not knowingly collect or maintain information from children under age 18.
If you access or use WindyApps by providing false
representation on your age, you and your guardians shall undertake the
consequential liabilities of doing so as per the applicable laws and
regulations; and WindyApps shall be discharged of the
legal consequences. By creating an account and using the Service, you represent
and warrant that:
·
you can form a binding contract with WindyApps;
·
you are not a person who is barred from using the Service under the laws
of the United States or any other applicable jurisdiction–meaning that you do
not appear on the U.S. Treasury Department's list of Specially Designated
Nationals or face any other similar prohibition;
·
you will comply with
this Agreement and all applicable local, state, national and international
laws, rules and regulations.
4.
Account
In order to use WindyApps,
you may sign in using your Facebook Account, Google Account, or Apple id. If
you do so, you authorize us to access and use certain Facebook account
information, including but not limited to your public profile in such account
and email. You may also sign in using your phone number. If you do so, you
authorize us to collect and record your phone number. For more information
regarding the information we collect from you and how we use it, please go to
our Privacy Policy.
5.
Modifying the Service and Termination
WindyApps is always striving
to improve the Service. This means we may add new product features or
enhancements from time to time as well as remove some features,
we may not provide you with notice before taking them. We may even suspend the
Service entirely, in which event we will notify you in advance unless
extenuating circumstances, such as safety or security concerns, prevent us from
doing so.
You may disable your account at any
time. Please go to the first page of the App then delete the App. However if
you use a third party payment account, you will need to manage in-app purchases
through such an account (e.g., iTunes, Google Play) to avoid additional
billing.
If WindyApps
believes that you have violated this Agreement, we may terminate your account
at any time without notice. No refund will be given for any purchases if your
account is terminated with the above situation.
6.
User Behaviour; Your Interactions with Other Users
In WindyApps,
we use invitation and acceptance to indicate the interest of the user. Though WindyApps strives to encourage a respectful user experience
through features like the double opt-in that only allows users to communicate
if they have both indicated interest in one another, it is not responsible for
the conduct of any user on or off of the Service. You agree to use caution in
all interactions with other users, particularly if you decide to communicate
off the Service or meet in person. You agree that you will not provide your
financial information (for example, your credit card or bank account
information), or wire or otherwise send money, to other users.
YOU ARE SOLELY RESPONSIBLE FOR YOUR
INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT WindyApps
DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS OR OTHERWISE INQUIRE
INTO THE BACKGROUND OF ITS USERS. WindyApps MAKES NO
REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS.
7.
Content Posted on WindyApps
WindyApps may allow users to create, post, transmit, perform, or store messages, text,
sound, images, videos, code or other data or materials on the Services
(“Content”). You are solely responsible for the Content that you publish or
display (hereinafter, "post") on the Service or any material or
information that you transmit to other users. By posting any Content to the
public areas of the mobile application and website, you hereby grant us the
non-exclusive, fully paid, worldwide license to use, reproduce, publicly
perform and display such Content on the mobile application and website,
including without limitation distributing part or all of the mobile application
and website in any media formats and through any media channels.
You represent and warrant that: (i) you
own the Content posted by you on the mobile application and website or
otherwise have the right to grant the license set forth in this section, and
(ii) your Content does not violate the privacy rights, publicity rights,
copyright rights, or other intellectual property rights of any person. You
agree to pay all royalties and fees owing to any person by reason of any
Content you post on the mobile application and website.
8.
Restricted and Inappropriate Content
Users shall not distribute any content
that is offensive, insensitive, upsetting, intended to disgust, in
exceptionally poor taste, or just plain creepy on WindyApps.
Such as:
·
Child Endangerment. We do not allow any content that sexualize minors
under 18 years old, including but not limited to, content that promote pedophilia or inappropriate interaction targeted at a
minor.
·
CSAM. The creation and dissemination of child sexual abuse material
(CSAM) is an abhorrent crime and WindyApps is
committed to the fight against the distribution of CSAM. For the purposes of
this policy, a child is any person under eighteen (18) years of age. We have a
zero-tolerance policy toward child sexual abuse material on our platform, as
well as toward those who produce, disseminate, as well as seek out and consume
CSAM. Any content featuring or depicting a child is strictly forbidden on our
platform and is deemed to constitute a grave violation of our Terms of Service.
All child sexual abuse material that we identify or are made aware of results
in the immediate removal of the content in question. We will report all cases
of apparent child sexual abuse material that we are made aware of to the Police
Station or any other law enforcement departments in compliance with laws and
other agencies/authorities and law enforcement, and delete the Accounts of
those involved with the distribution.
·
Sexual Content and Profanity. WindyApps is
committed to providing users with a safe and healthy internet environment. You
shall not upload, post, transmit, perform, or store any content that is
considered as sexual content or profanity, including pornography, or any
content intended to be sexually gratifying. Here are some examples of common
violations:
Depictions of sexual
nudity, or sexually suggestive poses in which the subject is nude, blurred or
minimally clothed, and/or where the clothing would not be acceptable in an appropriate
public context.
Depictions,
animations or illustrations of sex acts, or sexually suggestive poses or the
sexual depiction of body parts.
Content that depicts
or are functionally sexual aids, sex guides, illegal sexual themes and
fetishes.
Content that is lewd or profane -
including but not limited to content which may contain profanity, slurs,
explicit text, adult/sexual keywords.
Content that depicts, describes, or
encourages bestiality.
·
Hate Speech. Hate speech is any form of expression through which
speakers intend to vilify, humiliate, or incite hatred against a group or a
class of persons on the basis of race, religion, skin color,
sexual identity, gender identity, ethnicity, disability, national origin or any
other characteristic that is associated with systemic discrimination or
marginalization.
·
Hate Speech. Hate speech is any form of expression through which
speakers intend to vilify, humiliate, or incite hatred against a group or a
class of persons on the basis of race, religion, skin color,
sexual identity, gender identity, ethnicity, disability, national origin or any
other characteristic that is associated with systemic discrimination or
marginalization.
·
Terrorist Content. Any messages, text, sound, images, code or other data
or materials that incites or advocates committing terrorist offence, promotes
the activities of a terrorist group or provides instructions and techniques for
committing terrorist offence will be defined as Terrorist Content.
·
Bullying and Harassment. Bullying and harassment are behaviors
intended to humiliate or intimidate an individual, such as bullying victims of
international or religious conflicts, content that seeks to exploit others,
including extortion, blackmail, etc., posting content in order to humiliate
someone publicly.
We reserve the right to investigate and
take appropriate legal action in its sole discretion against anyone who
distribute Restricted and Inappropriate Content on/via WindyApps , including
without limitation, removing the Content from the Service and terminating the
membership of such violators. We also encourage you to help us improve our
Services, to report such Restricted and Inappropriate Content whenever you are
ware of through the reporting functions in the APP, or contact us at [email protected]
You must use the Service in a manner
consistent with any and all applicable laws and regulations.
You may not include in your publicly
accessible Member profile any telephone numbers, street addresses, last names,
URLs, usernames from any social platforms or email addresses.
9.
Rights WindyApps Grants
You
WindyApps grants you a
personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and
non-sublicensable license to access and use the
Service. This license is for the sole purpose of letting you use and enjoy the
Service's benefits as intended by WindyApps and
permitted by this Agreement. We reserve the right to investigate, suspend
and/or terminate your account if you have misused the Service or behaved in a
way we regard as inappropriate or unlawful, including actions or communications
that occur off the Service but involve users you meet through the Service. You
shall not:
·
imitating anyone or any institution, includes WindyApps's
Admin, Host, Service Provider, or pretending you have relationship with other
institution or individual
·
forge headers or otherwise
manipulate identifiers in order to disguise the origin of any information
transmitted to or through the Service.
·
forge headers or otherwise
manipulate identifiers in order to disguise the origin of any information
transmitted to or through the Service.
·
publish any computer virus or any information about computer virus,
which aims to disturb, destroy or limit any computer software, hardware or
communication device, includes but not limit to "Trojan Horses",
"worms", "time bombs", "cancelbots",
or other code, file, or program, through the Service
·
destroy normal chat process, flashing screen, making other users cannot
typing normally, or causing adverse effect on usage of the Service to other
users
·
use the Service in any
way that could interfere with, disrupt or negatively affect the Service or the
servers or networks connected to the Service.
·
violate any suitable law or
regulation of that region / country / jurisdiction with or without intention.
·
harass anyone through the
Service by "track" or other means.
·
collect and record any other
users' information; It is not subject to the limits if the activity is not
violate any law or regulation about personal information.
·
use, access, or publish
the WindyApps application programming interface
without our written consent.
·
use or develop any
third-party applications that interact with the Service or other users' Content
or information without our written consent.
·
probe, scan or test the
vulnerability of our Service or any system or network.
·
probe, scan or test the
vulnerability of our Service or any system or network.
·
promote or encourage any
activity that violates this Agreement.
·
WindyApps may investigate and
take any available legal action in response to illegal and/ or unauthorized
uses of the Service, including termination of your account.
Any software that we provide you may
automatically download and install upgrades, updates, or other new features.
You may be able to adjust these automatic downloads through your device's
settings.
10. Rights you Grant WindyApps
By using the Service, you grant to WindyApps a worldwide, non-exclusive, transferable,
sub-licensable, royalty-free, right and license to host, store, use, copy,
display, reproduce, adapt, edit, publish, modify and distribute information you
authorize us to access from Facebook, as well as any Content you post on the
Service or transmit to other users. Our license to your Content is subject to
your rights under applicable law (for example laws regarding personal data
protection to the extent any Content contains personal information as defined
by those laws) and is for the limited purpose of operating, developing,
providing, and improving the Service, researching and developing new ones , and
promoting WindyApps. You agree that any Content you
place or that you authorize us to place on the Service may be viewed by other
users and may be viewed by any person visiting or participating in the Service
(such as individuals who may receive shared Content from other WindyApps users), and could be modified and used as
marketing materials for free in a proper manner.
You agree that all information that you
submit upon creation of your account, including information submitted from your
Facebook account, is accurate and truthful and you have the right to post the
Content on the Service and grant the license to WindyApps
above.
You understand and agree that we may
monitor or review any Content you post as part of a Service. We may delete any
Content, in whole or in part, that in our sole judgment violates this Agreement
or may harm the reputation of the Service. When communicating with our customer
care representatives, you agree to be respectful and kind. If we feel that your
behavior towards any of our customer care
representatives or other employees is at any time threatening or offensive, we
reserve the right to immediately terminate your account.
In consideration for WindyApps allowing you to use the Service, you agree that
we, our affiliates, and our third-party partners may place advertising on the
Service. By submitting suggestions or feedback to WindyApps
regarding our Service, you agree that WindyApps may
use and share such feedback for any purpose without compensating you.
You agree that WindyApps
may access, preserve and disclose your account information and Content if
required to do so by law or in a good faith belief that such access,
preservation or disclosure is reasonably necessary, such as to: (1) comply with
legal process; (2) enforce this Agreement; (3) respond to claims that any
Content violates the rights of third parties; (4) respond to your requests for
customer service; or (5) protect the rights, property or personal safety of the
Company or any other person.
11. Common Rules
By using the Service, you agree that
you will not:
·
use the Service for any
purpose that is illegal or prohibited by this Agreement.
·
impersonate any person or entity
or post any images of another person without his or her permission.
·
user the Service for publishing any illegal, harmful, coercive, abusive,
harassing, infringing, libelous, vulgar, defamatory,
defamatory, infringing on the privacy of others, or racially discriminatory or
"content" which may morally making others unpleasant.
·
prejudice against any minor.
·
post any Content that
violates or infringes anyone's rights, including rights of publicity, privacy,
copyright, trademark or other intellectual property or contract right.
·
publish any content about "Advocate hatred",
"threats", "pornography" or "incitement to violence
and blood"
·
bully, "stalk,"
intimidate, assault, harass, mistreat or defame any person.
·
solicit passwords for any
purpose, or personal identifying information for commercial or unlawful
purposes from other users or disseminate another person's personal information
without his or her permission.
·
use another user's
account.
·
WindyApps reserves the right
to investigate and/ or terminate your account without a refund of any purchases
if you have violated this Agreement, misused the Service or behaved in a way
that WindyApps regards as inappropriate or unlawful,
including actions or communications that occur on or off the Service.
12. Other Users' Content
WindyApps's operation is based
on instant messaging and publishing content, WindyApps
is not responsible for the authenticity, completeness and position of all
messages or messages. All messages or content only represent the individual
opinions of the publisher or user, not our position. In other words, you, not WindyApps, is responsible for any content.
You understand and agree that you, not WindyApps, is responsible for any information, materials,
text, software, music, audio, photos, graphics, video, information or other
materials ("Content") and any consequential loss caused from the
Content you publish or send to others through WindyApps.
You agree that you must assess and bear
all the risk before you use any "Content". Therefore, you agree that
you cannot rely on information shown on WindyApps.
Although WindyApps
reserves the right to review and remove Content that violates this Agreement,
such Content is the sole responsibility of the user who posts it, and WindyApps cannot guarantee that all Content will comply
with this Agreement.
13. Purchases
In-App purchase
WindyApps may offer products
and services for purchase("In-App Purchase")
through iTunes, Google Play ("Application Store"). If you choose to
make an In-App Purchase, you will be prompted to confirm your purchase with the
applicable payment provider (such as Application Store) and your method of
payment (your credit/debit card or a third party account such as iTunes or
Google Play Account)("Payment Method") will be charged at the prices
displayed to you for the service(s) or product(s) you've selected as well as
any taxes (if applicable) that may be imposed on your payments, and you
authorize WindyApps or the third party account to
charge you.
Auto-Renewal
If you purchase an auto-recurring
periodic subscription, your Payment Method will continue to be billed for the
subscription until you cancel. After your initial subscription commitment
period, and again after any subsequent subscription period, your subscription
will automatically continue for an additional equivalent period, at the price
you agreed to when subscribing. If you do not wish your subscription to renew
automatically, or if you want to change or terminate your subscription, you
will need to log in to your Application Store account and follow instructions
to cancel your subscription, even if you have otherwise deleted your account
with us or if you have deleted the WindyApps
application from your device.Deleting your account on
WindyApps or deleting the WindyApps
application from your device does not cancel your subscription. WindyApps will retain all funds charged to your Payment
Method until you cancel your subscription on the Application Store account. If
you cancel your subscription, you may use your subscribed product(s) or
service(s) until the end of your then-current subscription term, and your
subscription will not be renewed after your then-current term expires.
Refund
Generally, all charges for purchases
are nonrefundable, and there are no refunds or
credits for partially used periods. We may make an exception if a refund for a
subscription offering is requested within fourteen days of the transaction
date, or if the laws applicable in your jurisdiction provide for refunds.
To request a refund:
If you subscribed using your Apple ID,
refunds are handled by Apple, not WindyApps. To
request a refund, go to iTunes, click on your Apple ID, select "Purchase
history," find the transaction and hit "Report Problem". You can
also submit a request at https://getsupport.apple.com.
If you subscribed using your Google
Play Store account, please contact our Customer Support Team with your order
number for the Google Play Store (you can find the order number in the order
confirmation email or by logging in to Google Wallet).
14. Disclaimers
You understand and agree:
·
You are responsible for any risk of using the Service. WindyApps provides the Service on an "As Is" and
"As Available" basis and to the extent permitted by applicable law, grants
no warranties of any kind, whether express, implied statutory or otherwise with
respect to the service (including all content contained therein), including,
without limitation, any implied warranties of satisfactory quality,
merchantability, fitness for a particular purpose or non-infringement.
·
WindyApps does not represent
or warrant that (A) The service will be uninterrupted, secure or error free,
(B) Any defects or errors in the Service will be corrected, or (C) That any
content or information you obtain on or through the Service will be accurate.
·
WindyApps takes no
responsibility for any data lost derived from any system errors or operation of
WindyApps.
·
WindyApps is not responsible
for any content that you or another user or third party posts, sends or
receives through the Service. Any material downloaded or otherwise obtained
through the use of the Service is accessed at your own discretion and risk.
·
WindyApps disclaims and takes
no responsibility for any conduct of you or any other user, on or off the
Service.
15. Third Party Services
The Service may contain advertisements
and promotions offered by third parties and links to other web sites or
resources, such web sites or resources may apply different Terms and Privacy
Policy with WindyApps. WindyApps
is not responsible for the availability (or lack of availability) of such
resources or web sites. If you choose to click those links or interact with the
third parties made available through our Service, such party's terms will
govern their relationship with you. WindyApps takes
no responsibility for such third parties' terms or any actions.
16. General measures for
storage
WindyApps takes no
responsibility for deleting or not storing any content of the Service. You
agree that WindyApps has the rights on deleting or
terminating account(s) of WindyApps that are active
for a long time.
17. Copyright Policy
You may not post, distribute, or
reproduce in any way any copyrighted material, trademarks, or other proprietary
information without obtaining the prior written consent of the owner of such
proprietary rights. It is the policy of our Services to terminate membership
privileges of any member who repeatedly infringes copyright upon prompt
notification to WindyApps by the copyright owner or
the copyright owner's legal agent. Without limiting the foregoing, if you believe
that your work has been copied and posted on our Services in a way that
constitutes copyright infringement, please provide us with the following
information: (i) an electronic or physical signature of the person authorized
to act on behalf of the owner of the copyright interest; (ii) a description of
the copyrighted work that you claim has been infringed; (iii) a description of
where the material that you claim is infringing is located on our Services;
(iv) your address, telephone number, and email address; (v) a written 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; (vi) a statement by
you, made under penalty of perjury, that the above information in your notice
is accurate and that you are the copyright owner or authorized to act on the
copyright owner's behalf. Our Services' Designated Copyright Agent for notice
of claims of copyright infringement can be reached as follows: [email protected]
18. Limitation of
Liability
To the fullest extent permitted by
applicable law, in no event shall WindyApps, its
Affiliates, employees, licensors or service providers be liable for any
indirect, consequential, exemplary, incidental, special, punitive, or enhanced
damages, including, without limitation, loss of profits, whether incurred
directly or indirectly, or any loss of data use, goodwill, or other intangible
losses, resulting from: (i) Your access to use of or inability to access or use
the Service, (ii) the cost of any goods, materials, information or services
purchased or obtained, or the exchange of goods or services derived from such
transaction through the Service, (iii) Unauthorized access, use or alteration
of your content, (iv) Statement or conduct by any third party or users in the
Service, or (v) with respect to all events, the Service, and this agreement,
even if WindyApps has been advised at any time of the
possibility of such damages.
19. Indemnity by You
You agree, to the extent permitted
under applicable law, to indemnify, defend and hold harmless WindyApps, our affiliates, and their
and our respective officers, directors, agents, and employees from and against
any and all complaints, demands, claims, damages, losses, costs, liabilities
and expenses, including but not limited to attorney fees, administrative fees,
courts fee due to, arising out of, or relating in any way to your access of the
Service, your content published or sent through the Service, your infringement
of any others' rights, or your breach of this Agreement.
20. Entire Agreement
This Agreement, along with Privacy
Policy, and any terms disclosed to you if you purchase or have purchased
additional features, products or services we offer on the Service, contains the
entire agreement between you and WindyApps regarding
your relationship with WindyApps and the use of
Service. If any provision of this Agreement is held invalid by the competent
court, you still agree that the court should strive to make your intention of
this Agreement effective, and the remainder of this Agreement shall continue in
full force and effect. The failure of WindyApps to
exercise or enforce any right or provision of this Agreement shall not
constitute a waiver of such right or provision. You agree that no matter
whether there are other provisions in any statute or law, the use of the
Service or any claim or cause of action arising out of or relating to this
Agreement shall be filed within one year after the commencement of the claim or
the cause of the action, otherwise it shall never be filed.
The titles of this Agreement are for
convenience only and do not have any legal or contractual effect.