Terms of Service

Last Updated: September 25th, 2017

Welcome to Wind, operated by WHAM Network, Inc. (“WHAM”). These Terms of Use (“Terms”) apply to your use of the Wind mobile application (“Wind App”), and by creating a Wind account or by using the Wind App, you agree to these Terms and our Privacy Policy, which is incorporated by reference into these Terms. If you do not agree to these Terms, do not use the Wind App.

BY USING THE WIND APP, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.

1. LICENSE AND RESTRICTIONS.

WHAM grants to you a non-exclusive, non-transferable, revocable, limited license to use the Wind App for your personal, non-commercial use on authorized devices, unless otherwise specified. The Wind App may not be copied, resold, or sublicensed. These Terms apply to all versions and updates to the Wind App.

The Wind App may include measures to control access to the mobile application (including age controls), prevent unauthorized copies, or otherwise attempt to prevent anyone from exceeding the limited rights and licenses granted under these Terms. You may not take any action to circumvent or defeat such security features. If you disable or otherwise tamper with the technical protection measures, your license to use the Wind App will be considered automatically revoked.

2. ACCESS TO THE WIND APP.

By using the Wind App, you affirm that you are at least 18 years of age (or have reached the age of majority if that is not 18 years of age where you live) or that you have reviewed these Terms with your parent or guardian and he or she assents to these Terms on your behalf and takes full responsibility for your compliance with them. If you are under the age of 13, you must have permission from your parent or guardian in order to use the Wind App. If you do not have permission from your parent of guardian, certain features and functionality of the Services may be disabled. Information regarding use of your personal information can be found in Wind’s Privacy Policy or in the privacy policy specific to the mobile application you are using.

You may be required to register an account before using the Wind App ("Account"). You may also be required or have the option to access the Wind App through a social networking service ("SNS"). Your Account is personal to you, and you may not rent, lease, sell, trade, gift, bequeath, or otherwise transfer it to anyone else. You agree to provide true and complete information about yourself when you register your Account and to keep it up to date. You may not have more than one Account or access the Wind App through more than one SNS at any given time. You are solely responsible for maintaining the confidentiality of your password and user name and for any activities that occur under your Account. WHAM does not authorize use of automated methods to sign up for an Account, and WHAM reserves the right to immediately terminate your access to the Wind App or your Account if you breach these Terms or otherwise violate any applicable law, rule, or regulation in your jurisdiction.

By using the Wind App and providing us with your contact information, you explicitly consent to receive communications from us. If you would not like to receive such communications, please review Wind’s Privacy Policy and opt-out procedures.

3. ONLINE CONTENT AND CONDUCT.

The Wind App may include opportunities, through your Account or SNS, to chat or participate in blogs, message boards, online forums, and other functions that provide you with the opportunity to create, submit, post, display, transmit, perform, publish, or distribute to the world ("Forum(s)") links, writings, photos, graphics, or other material ("Forum Content"). All Forum Content posted by you to any Forum will be your sole responsibility.

The Forums will be used only in a noncommercial manner. WHAM has the right, but not the responsibility, to monitor or remove Forum Content that WHAM believes to be harmful, offensive, or otherwise violates these Terms, without liability to you. WHAM in its sole discretion, reserves the right to restrict or disable your use of the Forums.

By submitting Forum Content to any Forum, you warrant that you have all necessary rights to submit the Forum Content without any restrictions of any kind, and grant to WHAM a fully paid, royalty-free, non-exclusive, irrevocable, worldwide, unconditional, perpetual, right and license to use, reproduce, modify, publicly display and perform, make derivatives works of, sublicense, and distribute all such Forum Content in all media now known or later developed, and/or to incorporate such materials in other works in any form, media, or technology now known or later developed.

Any opinions, advice, statements, services, offers or other information or content expressed or made available by third-parties in the Forums, are those of the respective authors and not of WHAM or its affiliates, and WHAM is not responsible for the accuracy or reliability of same. WHAM makes no representations or warranties regarding the Forums.

When using the Wind App or the Forums, you may not:

a) Use the Wind App or Forums in any manner which violates applicable laws or regulations;

b) Post or transmit any Forum Content that: (i) violates a third party's rights or dignity, including any contract, privacy, publicity or intellectual property rights; (ii) is deceptive, untrue, harassing, libelous, defamatory, abusive, tortious, threatening, harmful, obscene, indecent, hateful, bigoted, racist or pornographic; (iii) would constitute or encourage a criminal offense; (iv) contains any viruses, worms or similar software; or (v) includes personal information about another person without that person's consent.

c) Create and use screen names/usernames that are or otherwise include abusive, vulgar, offensive, obscene, defamatory, or racist words in any language;

d) Impersonate or falsely state or represent your identity;

e) Engage in or facilitate the transmission of unsolicited mass mailings, or "spamming";

f) Distribute or otherwise publish any material containing any solicitation, promotion, or advertising for goods or services;

g) Collect personal data about others for unlawful, commercial, or any other unauthorized purposes;

h) Access, or attempt to gain access to, another user’s account without authorization;

i) Promote, encourage, or take part in any activity involving hacking, phishing, taking advantage of exploits or cheats and/or distribution of counterfeit software and/or counterfeit virtual currency/items;

j) Use any game hacking/altering/cheating software or tools;

k) Upload files that contain a virus, worm, spyware, time bombs, corrupted data or other computer programs that may damage, or otherwise interfere with the Wind App; or

l) Reverse engineer, decompile, or modify, or attempt to modify, any part of the Service.

You understand that you may be exposed to Forum Content and actions from other users that are indecent, explicit, offensive, or which otherwise violates these Terms (“Inappropriate Activity”). You can report actual or suspected Inappropriate Activity to feedback@windapp.com. WHAM reserves the right, in its sole discretion, to take any action against Inappropriate Activity that WHAM believes to be harmful, offensive, or otherwise violates these Terms. You agree that WHAM will not be liable to you or any third-party in any way for Forum Content, Inappropriate Activity, or for any damage or loss therefrom.

4. TITLE.

Unless otherwise specified in these Terms, any and all title, ownership, rights, and intellectual property rights in and to the Wind App including all content therein (collectively the “Wind App Content”) will remain in WHAM and/or its suppliers, and are protected by the copyright laws of the United States and other jurisdictions around the world via international copyright treaties. The names and logos, and other graphics, icons, and service names associated with the Wind App Content are trademarks, registered trademarks or trade dress of WHAM or its licensors. You may not use, copy, transmit, modify, distribute, or create any derivative works from the Wind App or the Wind App Content without prior written consent from WHAM.

The Wind App may allow you to create content (“Your Content”) that incorporates the Wind App Content, including, but not limited, to photos incorporating elements or graphics from games, screenshots, or a video of your game play. WHAM retains all rights, title and interest in and to the Wind App Content. You retain all rights to Your Content; provided, however, that WHAM will have an exclusive, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to Your Content for any purpose, including, but not limited to, the rights to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any means whether now known or unknown and distribute Your Content without any further notice or compensation to you. Except where prohibited by law, you hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to WHAM's use of Your Content.

5. DISCLAIMER OF WARRANTY AND LIMIT OF LIABILITY.

WHAM MAKES NO REPRESENTATION, WARRANTY, AND/OR GUARANTEE OF THE SUITABILITY OF THE WIND APP FOR YOUR PURPOSES, OR THAT THE USE OF THE SAME WILL BE SECURE, UNINTERRUPTED, ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR FUNCTION PROPERLY IN COMBINATION WITH ANY THIRD-PARTY TECHNOLOGY, HARDWARE, SOFTWARE, SYSTEMS, OR DATA.

THE WIND APP IS PROVIDED “AS IS" AND ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. FURTHER, WHAM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SAME, OR TO THE INFORMATION, CONTENT, COMMUNICATIONS, MATERIALS, OR PRODUCTS AND SERVICE CONTAINED THEREIN. YOUR USE OF THE WIND APP IS AT YOUR SOLE RISK.

WHAM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. CERTAIN REGIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

YOU FURTHER ACKNOWLEDGE THAT WHAM IS NOT LIABLE, AND YOU AGREE NOT TO HOLD WHAM LIABLE, FOR THE CONDUCT OF THIRD-PARTIES, INCLUDING OTHER USERS OF THE SERVICES AND OTHER THIRD-PARTY SITES, AND THAT THE RISK OF USING OR ACCESSING THE WIND APP, AND OF INJURY FROM THE FOREGOING, RESTS ENTIRELY WITH YOU.

6. INDEMNIFICATION.

You agree to hold harmless, indemnify and defend WHAM, its licensors, affiliates, and suppliers and their respective officers, directors and employees, from and against any losses, damages, fines and expenses (including attorneys’ fees and costs) due to, arising out of, or relating to any information or item, including, without limitation, Your Content, Forum Content, and/or Inappropriate Content you may submit, post, transmit or make available through the Forums or the Wind App, your use of the Forums and the Wind App, your connection to the Forums and the Wind App, your violation of these Terms, or your violation of any law, regulation or third-party right. Without limiting your indemnification obligations described herein, WHAM reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

7. TERMINATION.

These Terms will automatically terminate if you fail to comply with any term hereof. You and WHAM have the right to terminate or cancel your Account, at any time, for any reason and without notice. Upon termination you will immediately discontinue use of the Wind App. Your obligations under Sections 3, 4, 9, 11, 12 will survive any termination.

8. NO ASSIGNMENT.

These Terms and the licenses granted to you herein are personal to you, and may not be assigned prior to obtaining WHAM’s express written consent.

9. ARBITRATION AND DISPUTE RESOLUTION.

These Terms and all disputes and claims relating in any way to, or arising out of, these Terms, the Wind App, the Forums, Forum Content, Inappropriate Content, Your Content, or your use of the Wind App or Forums will be governed by the laws of California. You and WHAM agree that the exclusive remedy for all disputes and claims relating in any way to, or arising out of, these Terms, the Wind App, the Forums, or your use of the Wind App or Forums will be final and binding arbitration. The arbitration will be conducted under the rules of the American Arbitration Association ("AAA"). To the fullest extent permitted by law: (a) no arbitration under these Terms will be joined to any other arbitration; (b) no class arbitration proceedings will be permitted; (c) no finding or stipulation of fact in any other arbitration, judicial or similar proceeding may be given preclusive or collateral estoppel effect in any arbitration hereunder (unless determined in another proceeding between you and WHAM); and (d) no conclusion of law in any other arbitration may be given any weight in any arbitration hereunder (unless determined in another proceeding between you and WHAM). You and WHAM must commence an arbitration by filing a demand for arbitration with the AAA within ONE (1) YEAR after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim; and there will be no right to any remedy for any claim not asserted within that time period (if applicable law prohibits a one year limitations period for asserting claims, the claim must be asserted within the shortest time period in excess of one year that is permitted by applicable law). Both parties will be responsible for their respective arbitration fees.

10. INFRINGEMENT NOTIFICATION.

Any claims related to the Wind App should be addressed to:

Legal Counsel - WHAM
Hughes Media Law Group
2003 Western Avenue, Suite 460
Seattle, WA 98121

11. FEEDBACK

WHAM does not accept unsolicited feedback, suggestions or other information about the Wind App or other aspects of its business. If you provide WHAM with feedback or other ideas, you agree that WHAM is free to use any feedback provided by you for any purpose (without compensation to you), including, without limitation, improving its products and services and creating derivative products.

12. GENERAL

These Terms, along with the Privacy Policy, and any other privacy policy applicable to the Wind App, constitute the complete and final agreement between WHAM and you with respect to your use of the Wind App and may not be modified by you except in a writing duly signed by you and an authorized representative of WHAM. You agree that your breach of these Terms will cause WHAM immediate and irreparable harm and WHAM will be entitled, notwithstanding the arbitration clause set forth in Section 9 above, to seek injunctive relief without the necessity of posting bond. WHAM and you are independent parties and nothing in these Terms creates an employment or agent relationship. If any provision herein is held to be unenforceable, such provision will be reformed in that matter only to the extent necessary to make it enforceable, and will not affect the enforceability of the remaining provisions. The failure of either party to enforce any right or provision in these Terms will not constitute a waiver of such right or provision.

WHAM may make changes to the Wind App, these Terms, or its Privacy Policy from time to time. All such changes will become effective immediately upon notice and/or posting. If any of these changes are deemed invalid, void, or for any reason unenforceable, that change will be deemed severable and will not affect the validity and enforceability of any unchanged portions of the Wind App, these Terms, or the Privacy Policy. WHAM may transfer or assign the Wind App, these Terms, or the Privacy Policy, in whole or in part, to any third-party of WHAM’s choosing. These Terms will inure to the benefit of and be binding upon WHAM’s respective successors and assigns.

CONTACT US

If you have questions regarding these Terms, please contact us at:

WHAM Network, Inc.
E-mail: feedback@windapp.com
Phone Number: +1 (844) 515-8900