Please read these Terms and Conditions (hereafter “The Terms”) before using The Site. By continuing to use The Site, you agree to abide by, and that you are bound by, The Terms. We reserve the right to change The Terms at any time, and you agree (including by virtue of your continued use of The Site) to be bound by any such changes. Unless explicitly stated otherwise, any new features or functionality (including, without limitation, video and related projects) that augment or enhance The Site shall be subject to The Terms. The most current version of The Terms can be viewed at any time at: winkprogress.com/terms/.
1. We May Discontinue or Suspend The Site or Terminate Your Use: We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, The Site (or any part thereof) with or without notice. You agree that The WinkProgress Network shall not be liable to you or any third party for any such modification, suspension or discontinuance of The Site. In addition, we reserve the right to terminate your access to The Site for any reason, and to take any other actions that The WinkProgress Network, in its sole discretion, believes to be in the interest of our organization, The Site, or its users as a whole.
2. We Have All Rights In The Site and Content, and Grant Certain Rights for Use: The Site (including all text, photographs, graphics, video and audio content contained on The Site) is protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries, and The WinkProgress Network retains all ownership and applicable rights associated therewith.
However, we grant full and free license for our readers to share the content found on The Site, as long as the content is shared free of charge and credit is given to the original authors of the work. For complete details about copyright, your rights for viewing and sharing content, and remedies available to you if you feel that your copyright has been infringed, please see our Copyright Page.
3. We are a Collective Network, and All Members Do Not Necessarily Hold the Opinions Expressed by Any Individual Content Contributor: Opinions and other statements expressed by contributing members and third parties (e.g., bloggers) are theirs alone, not opinions of The WinkProgress Network. Content created by third parties is the sole responsibility of the third parties and its accuracy and completeness are not endorsed or guaranteed. You acknowledge that by providing you with the ability to view and distribute content through The Site, The WinkProgress Network is not undertaking any obligation or liability relating to the content. The WinkProgress Network and its members, affiliates, successors, assigns, employees, agents, directors, officers and shareholders do not undertake or assume any duty to monitor The Site for inappropriate or unlawful content. The WinkProgress Network and its members, affiliates, successors, assigns, employees, agents, directors, officers and shareholders assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation. Notwithstanding the foregoing, The WinkProgress Network reserves the right to block or remove communications, postings or materials at any time in our sole discretion.
4. You Will Be Responsible for Any Harm We Suffer as a Result of Your Violation of These Terms and Conditions or Any Breach by You of Your Representations and Warranties: You agree to indemnify and hold harmless The WinkProgress Network and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of The Terms or any breach by you of your representations and warranties hereunder. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section 4. In such event, you shall provide us with such cooperation as is reasonably requested by us.
5. Your Use of The Site is Subject to Certain Disclaimers: THE SITE IS AVAILABLE “AS IS.” WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE NEWS, INFORMATION OR OTHER MATERIALS AVAILABLE THROUGH THE SITE. WE DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITE OR ANY INFORMATION OR GOODS THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH THE SITE. WE DO NOT MAKE ANY REPRESENTATIONS, NOR DO WE ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED OR DISTRIBUTED ON THIS SITE OR AVAILABLE THROUGH LINKS ON THE SITE. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS ON THE SITE. ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, “TROJAN HORSES” OR OTHER DESTRUCTIVE MATERIALS TO THE SITE, WE DO NOT GUARANTEE OR WARRANT THAT THE SITE OR MATERIALS THAT MAY BE DOWNLOADED FROM THE SITE DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES. IF YOU RELY ON THE SITE AND ANY MATERIALS AVAILABLE THROUGH THE SITE, YOU DO SO SOLELY AT YOUR OWN RISK.
THE SITE MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOVISUAL PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES, MARKET DATA, STOCK QUOTES OR OTHER INFORMATION CREATED BY US OR BY THIRD-PARTIES. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT ON THE SITE IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. ACCORDINGLY, SUCH CONTENT, INCLUDING MARKET DATA, IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE. SUCH CONTENT IS NOT INTENDED FOR THE PURPOSE OF TAX OR INVESTMENT ADVICE AND IT DOES NOT ADVOCATE THE PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT. INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON THE SITE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY US AND REMAINS THE RESPONSIBILITY OF SUCH THIRD PARTIES
6. We are Not Responsible for Linked Sites: We are not responsible for the availability or content of other services that may be linked to The Site. Because we have no control over such services, you acknowledge and agree that we are not responsible for the availability of such external services, and that we do not endorse and are not responsible or liable for any content, accuracy, quality, advertising, products or other materials on or available from such services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through such services.
7. We May be Legally Compelled to Disclose Certain Information: You agree that in the event we receive a subpoena issued by a court or from a law enforcement or government agency, we shall comply with such subpoenas without your consent or prior notice to you and may disclose your IP address, username, name, IP location or other information in response thereto.
8. Our Liability to You is Limited: The WinkProgress Network and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents and licensors are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including, without limitation, lost revenues or profits, loss of business or loss of data, in any way related to this site or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in The Site (including, without limitation, as a result of breach of any warranty or other term of The Terms). Any claim against us shall be limited to the amount you paid, if any, for use of The Site.
9. Any Dispute Between Us Will be Governed by Texas Law: These Terms and Conditions shall be governed by the laws of the United States and the State of Texas, applicable to agreements made and to be performed therein without regard to conflict of laws principles. BY CONTINUING TO USE THE SITE, YOU AGREE TO ABIDE BY THESE TERMS AND CONDITIONS. The caption to each Section of these Terms and Conditions are for convenience of reference only and shall be ignored in the construction or interpretation hereof.
10. Final Notices: This Agreement contains the complete and final statement of understanding between you and The WinkProgress Network with respect to winkprogress.com, and supercedes any and all prior or contemporaneous negotiations, agreements or communications, whether written or oral, between you and The WinkProgress Network, or any of its members, concerning its use. If any provision of this Agreement is rendered by a court or governmental agency of competent jurisdiction to be invalid, illegal, or unenforceable, such invalidity, illegality or unenforceability shall not affect the remainder of this Agreement, which shall remain in full force and effect and be enforced in accordance with its remaining terms. Any waver of any breach of the provisions of this agreement shall not be construed as a waiver of any succeeding breaches of the same or of other provisions; nor shall any delay or omission on the part of The WinkProgress Network to exercise or enforce any right, power or privilege be construed as a waiver of any breach of provisions, nor shall it be construed as a waiver of the right to enforce or exercise that power or privilege in the future. Any claimed infringement related to the use of WinkProgress.com or to any aspect of this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Thank you for spending the time to read this page, and please enjoy your experience at WinkProgress.com.