Terms of Use

THE FOLLOWING TERMS AND CONDITIONS (THE “TERMS”) GOVERN YOUR ACCESS TO AND USE OF OUR WEBSITE LOCATED AT WWW.WINDRUMORS.COM (THE “SITE”). THESE TERMS ARE A LEGAL CONTRACT BETWEEN YOU (“YOU” OR “USER”) AND WIND RUMORS, INC., WHICH OWNS THIS SITE (“WIND RUMORS,” “WE” OR “US”). IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE, ITS SERVICES OR ANY INFORMATION ON THIS SITE. YOUR ACCESS OR OTHER USE OF THIS SITE, ITS SERVICES OR ANY INFORMATION ON THIS SITE SHALL BE DEEMED YOUR AGREEMENT TO ABIDE BY EACH OF THESE TERMS, INCLUDING WITHOUT LIMITATION THE BINDING ARBITRATION PROVISION. WE MAY CHANGE THESE TERMS OR THE CONTENT, SERVICES AND INFORMATION ON THIS SITE AT ANY TIME, WITH OR WITHOUT NOTICE TO YOU. YOUR CONTINUED USE OF THIS SITE AFTER ANY SUCH CHANGE HAS BEEN MADE SHALL BE DEEMED YOUR AGREEMENT TO SUCH NEW TERMS, EVEN IF YOU HAVE NOT REVIEWED THE CHANGES.

General Use Restrictions:
Wind Rumors provides or makes available content, services and information on or through this Site. Certain content, information, features, and applications provided on or through this Site, including text, advertising, logos, graphics, images and any other materials that are not Submissions as defined below (together, the “Materials”), are provided to you by Wind Rumors and are the copyrighted and/or trademarked work of Wind Rumors or Wind Rumors’ contributors, service providers, other users or third party partners.

Wind Rumors grants you a limited, personal, revocable, non-exclusive and non-transferable license to use and to display the Materials and to use the services and this Site solely for your personal use. Except for the license set forth in the preceding sentence, you acknowledge and agree that you have no right to copy, reverse engineer, decompile, reverse assemble, modify, adapt, or attempt to discover any code that comprises the Site’s software or any source code used to generate the Site, nor to insert any code or product to manipulate the Materials in any way that affects any user’s experience. You further agree that you will not edit, reproduce, publish, broadcast, transmit, distribute, perform, display, sell or in any way exploit any of the Materials in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of this limited license, you agree to immediately destroy any downloaded or printed Materials. Except as stated herein, you acknowledge that you have no right, title or interest in or to this Site or any Materials.

Password Restricted Areas of this Site:
You may need a username, password and account to use certain functions and areas within this Site. You are responsible for all activities that occur under your account and for maintaining the confidentiality of your username and password, and you agree to immediately notify Wind Rumors if your password is lost, stolen, disclosed to an unauthorized third party or otherwise compromised or if there is any unauthorized use of your account. You agree that you will not misrepresent yourself or represent yourself as another user of the Site and/or the services offered through the Site.

Non-Commercial Use:
You agree not to use other users’ contact information gathered from this Site for commercial purposes. User-posted commercial advertisements, affiliate links and other forms of solicitation or profiteering may be removed without notice and may result in the termination of your account.

Electronic Communications:
By using any service offered on or through this Site, you consent to receiving electronic communications from Wind Rumors. These electronic communications may include notices and other information concerning or related to our services. These electronic communications are part of your relationship with Wind Rumors. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Privacy Policy:
Your use of this Site is governed by its Privacy Policy, which is available at www.windrumors.com/privacy-policy (the “Privacy Policy”).

Third Party Content:
Certain information and content that are not Submissions as defined below may be provided by third party licensors to Wind Rumors (“Third Party Content”). The Third Party Content is, in each case, the copyrighted and/or trademarked work of the creator/licensor. Unless you have permission from the owner of the Third Party Content, you agree to only display the Third Party Content on your personal computer solely for your personal use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), edit, alter or enhance Third Party Content in any manner unless you have permission from the owner of the Third Party Content.

Links to Third Party Sites:
This Site may link to other web sites that are not Wind Rumors Sites (“Third Party Web Sites”), and certain areas of the Site may allow you to conduct transactions or purchase goods or services from or through such Third Party Web Sites. Wind Rumors is providing these links to you solely as a convenience, and Wind Rumors does not verify, make any representations regarding or accept any responsibility for such Third Party Web Sites, including, without limitation, the truthfulness, accuracy, quality or completeness of the content, links displayed or activities conducted on such Third Party Web Sites, including purchases of goods or services. The Third Party Web Sites may have different terms of use, privacy policies and business practices than Wind Rumors. Your dealings and communications through this Site with any party other than Wind Rumors are solely between you and such third party. Any complaints, concerns or questions you have relating to goods, services, resources or content provided by third parties should be forwarded directly to the applicable third party. YOU AGREE THAT WIND RUMORS WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, RESOURCES OR CONTENT AVAILABLE THROUGH ANY THIRD PARTY WEB SITES AND/OR THIRD PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT, ADVERTISING OR BUSINESS PRACTICES OF ANY THIRD PARTY. Any reference on the Site to any product, process, publication or service of any third party, by trade name, domain name, trademark, trade identity, service mark, logo, manufacturer or otherwise, does not constitute or imply Wind Rumors’ endorsement or recommendation thereof.

Submissions:
Please note that, generally, Submissions will be accessible to other users on the Site. Please be sure you are comfortable sharing any information you post on any area of the Site.

You understand and agree that you are solely responsible for all text, images, photos and any other materials you submit, post or otherwise make available on or through this Site (each a “Submission”), and that you, and not Wind Rumors, have full responsibility for each such Submission you make, including its legality, accuracy, appropriateness, and trademark and copyright ownership. You further agree that you will not upload, post or otherwise make available on this Site any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right; the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from any Submission that you make.

Except as expressly set forth below, you agree that Wind Rumors is free to use a Submission on an unrestricted basis for any purpose, and you grant Wind Rumors a sublicensable, non-exclusive, fully-paid and royalty-free worldwide license in any media whether now known or not now known or invented to link to, utilize, use, publicly perform, publicly display, reproduce, distribute, modify and prepare derivative works of the Submission. Under the foregoing license, Wind Rumors shall not have the right to sell ownership rights to your Submission. Additionally, Wind Rumors agrees to use all of your Submissions in accordance with the Privacy Policy applicable to personally identifiable information. YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS APPLICABLE TO YOUR SUBMISSIONS.

You represent and warrant that: (i) you own all Submissions posted by you on or through this Site or otherwise have the right to grant the licenses to Wind Rumors set forth in this section, and (ii) the posting of your Submissions on or through this Site does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Submissions posted by you to or through this Site.

Posting Etiquette:
Wind Rumors requires all users to respect the other members of our online community. Your conduct should be guided by common sense and basic etiquette. When posting Submissions to or otherwise using this Site and/or the services offered on or through this Site, you agree not to:

  • Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Transmit or otherwise make available any content that is false, harmful, threatening, abusive, tortious, defamatory, libelous, vulgar, obscene or pornographic, or that promotes, furthers or incites violence, terrorism or illegal acts, or is otherwise objectionable (as determined by Wind Rumors in its sole discretion).
  • Use language that is racially, ethnically, religiously or otherwise offensive.
  • Impersonate or represent Wind Rumors, our staff or other industry professionals.
  • Solicit a user’s password or other account information.
  • Harvest user names, addresses, or email addresses for any purpose other than use in your interactions on this Site.
  • Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).
  • Disrupt the flow of chat in any manner, including without limitation by using vulgar or abusive language.
  • Post anything that exploits children or minors or that depicts cruelty to animals.
  • Post any copyrighted or trademarked materials without the owner’s express permission.
  • Disseminate any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation.
  • Post telephone numbers, street addresses or last names.
  • Solicit personal information from anyone under 18 years of age.
  • Upload or transmit viruses, Trojan horses or other harmful, disruptive or destructive files or post material that interferes with anyone else’s uninterrupted use and enjoyment of the Site.
  • Impersonate any person or entity, or otherwise disguise the origin of any content transmitted through the Site or to Wind Rumors, including forging any TCP/IP packet header or any part of the header information in any transmission to the Site for any reason.

This list of prohibitions provides examples and is not complete or exclusive. Wind Rumors reserves the right to (a) terminate your access to your account and your ability to post to this Site or use the services and (b) refuse, delete or remove, move or edit the content, in whole or in part, of any Submissions, in each case with or without cause and with or without notice, for any reason or no reason, for any action that Wind Rumors determines is inappropriate or disruptive to this Site or to any other user of this Site and/or services.

Wind Rumors may report to law enforcement authorities any actions that may be illegal and any reports it receives of such conduct. When legally required or otherwise at Wind Rumors’ discretion, Wind Rumors will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet.

Wind Rumors does not and cannot review every Submission posted to the Site. These prohibitions do not require Wind Rumors to monitor, police or remove any Submissions or other information submitted by you or any other user.

Personal Responsibility:
You understand and agree that visiting our Site, viewing its content (including other users’ Submissions) and using any service offered on or through our Site is your personal decision for which you alone are responsible. You understand that Wind Rumors does not and cannot make representations as to the suitability of any individual you may decide to interact with on the Site and/or the accuracy or suitability of any advice offered, information given, or recommendations made by any individual.

Member Disputes:
You understand that any interactions and dealings you may have with other users of this Site are solely between you and such other user. Wind Rumors is not responsible for any loss or damage of any sort incurred as a result of any such interaction or dealing, and Wind Rumors has no obligation to become involved in any resulting dispute.

Unauthorized Activities:
Submissions and unauthorized use of any Materials or Third Party Content contained on this Site may violate certain laws and regulations. You agree to indemnify and hold Wind Rumors and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) suffered by them in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of this Site or the use of this Site by any person using your user name and/or password (including without limitation your posting of Submissions) violates any applicable local, state, federal or international law, rule or regulation or the copyrights, trademark rights or other rights of any third party.

Proprietary Rights:
“Wind Rumors” and “The Shack” are trademarks of Wind Rumors, Inc. in the United States.

Unless otherwise specified in these Terms, all other information appearing on this Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of Wind Rumors, Inc.

All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.

Disclaimer of Warranties:
Your use of this Site and/or the services is at your own risk. Neither the Materials, Submissions nor Third Party Content have been verified or authenticated in whole or in part by Wind Rumors, and they may include inaccuracies or typographical or other errors. Wind Rumors does not warrant the accuracy, timeliness, availability or adequacy of any information, facts, views, opinions, statements or recommendations contained on the Site or in the Materials, Submissions or Third Party Content. Wind Rumors has no liability for any errors or omissions in the Materials, Submissions and/or Third Party Content, whether provided by Wind Rumors or our licensors.

WIND RUMORS, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS SITE, THE SERVICES, ANY MATERIALS, SUBMISSIONS OR THIRD PARTY CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS, THE THIRD PARTY CONTENT AND THE SUBMISSIONS OF OTHER USERS OF THIS SITE. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, THE SERVICES, MATERIALS, THIRD PARTY CONTENT, SUBMISSIONS, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WIND RUMORS DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.

Limitation of Liability:
WIND RUMORS SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS, THIRD PARTY CONTENT OR SUBMISSIONS TO OR FROM THIS SITE. IN NO EVENT SHALL WIND RUMORS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF WIND RUMORS KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.

Local Laws; Export Control:
This Site is operated in the United States of America and the Materials, Submissions and/or Third Party Content may not be appropriate or available for use in other locations. If you use this Site outside the United States of America, you are responsible for following applicable local laws.

Binding Arbitration:
All disputes relating in any way, directly or indirectly, to Wind Rumors for any tort will be arbitrated according to the rules of the American Arbitration Association (AAA) in Los Angeles, California, including any dispute about the scope of this arbitration agreement, and including all questions about the types of disputes that are subject to this arbitration agreement, all of which you agree will be decided by the arbitrators, whose decision will be final and binding on you. Any issue concerning the extent to which a dispute is subject to arbitration, or concerning the applicability, interpretation or enforceability of this agreement, including any contention that all or part of this agreement is invalid or unenforceable, shall be governed by the Federal Arbitration Act and resolved by the arbitrators. You acknowledge and agree that, in any arbitration proceeding, no depositions will be taken, and all other forms of discovery of facts will be limited to those things that the arbitrators determine, in their sole discretion, to be necessary. Further, in any arbitration proceeding, (i) there shall be no award of punitive, exemplary, incidental or consequential or other special damages, (ii) all damages claims and awards will be governed by the provisions of the California Civil Code, and (iii) the parties will conduct the arbitration confidentially and expeditiously and will pay their own costs and expenses of arbitration, including their own attorneys’ fees. If you are unable to afford the AAA fee, you agree to notify all persons against whom you have an arbitrable claim and give such persons the opportunity individually and as a group to pay such fee. The proceeding and the decision shall be kept confidential by the parties. No claim may be brought as a class action, combined or consolidated with any other proceeding, nor may any proceeding be pursued in a representative capacity or on behalf of a class. Neither you nor Wind Rumors has the right to act as a class representative or class representative or participate as a member of a class of claimants with respect to any claim.

General:
If you violate these Terms, Wind Rumors may terminate and/or suspend your access to this Site without notice. Wind Rumors prefers to advise you of your inappropriate behavior and to recommend any necessary corrective action. However, certain violations of these Terms, as determined by Wind Rumors, may result in immediate termination of your access to this Site. Wind Rumors has the right to terminate any password-restricted account for any reason. California law and controlling U.S. federal law, without regard to the choice or conflict of laws provisions, will govern these Terms. Any disputes relating to these Terms or this Site will be heard in the courts located in Washington, DC. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. Wind Rumors’ failure to enforce any of these Terms is not a waiver of such term. The Terms are the entire agreement between you and Wind Rumors and supersede all prior or contemporaneous negotiations, discussions or agreements between you and Wind Rumors about this Site. The proprietary rights, disclaimers of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.