WINThrills Network Legal Aggreements And Policies
Updated February 15, 2018
These terms and conditions govern your use of this website. By using our website, you agree to these terms and conditions in full. If you do not accept or do not agree with these terms and conditions or any part of these terms and conditions, you must not use our website.
Welcome to WINThrills Network technology platform. The WINThrills Network service and network (collectively, the “Service”) are operated by Mandee Thrills Limited (the “Company,” “we,” or “us”). By accessing or using our web site at www.winthrillsnetwork.com, including any subdomain thereof (the “Site”), you (the “User”) signify that you have read, understand and agree to be bound by these terms of service (“Terms of Service”), regardless of whether you are a registered member of the Service.
Advertisers, Promoters and Networkers
The inclusion of advertising, logos or Web site links on this Web site does not constitute an endorsement by WINThrills Network of the products or services so advertised.
WINThrills Network neither endorses links nor approves of links to external sources. Please make sure you read terms and conditions for other businesses being advertised by members on the platform before commiting to them.
Standard WINThrillsNetwork payment rate is up to 60% of the bid price paid by the advertisers. Actual payout rates may vary with Web site performance and market conditions. No payments will be issued for any amounts less than $18US. Any publisher payment that is unclaimed 6 months after the issue date will not be compensated.
All unpaid earnings will roll over to the next pay period. All payments are based on actual as defined, accounted and audited by WINThrillsNetwork. WINThrillsNetwork reserves the absolute right not to issue payment to any accounts or affiliates that violate any of the terms and conditions set forth herein.
WINThrillsNetwork shall have absolute discretion as to whether or not it accepts a particular applicant or site for participation in the WINThrillsNetwork.
1. The following are some examples (including but not limited to) of the type of sites that are not allowed to participate in our network:
- Sites displaying child pornography and zoosexuality, or contain links to such content
- Libelous or defamatory sites
- Sites containing or linking to software piracy
- Software trading (warez) sites
- Sites containing or linking to any forms of illegal activity (i.e., how to build a bomb, hacking, ‘phreaking’, etc.)
- Sites with gratuitous displays of violence, obscene or vulgar language, and abusive content or content which endorses or threatens physical harm
- Sites promoting any types of hate-mongering (i.e., racial, political, ethnic, religious, gender-based, sexuality-based or personal, etc.)
- Sites that participate in or transmit inappropriate newsgroup postings or unsolicited e-mail (spam)
- Sites promoting any types of illegal substance or paraphernalia or activity sites with illegal, false or deceptive investment advice and money-making opportunities
- Sites that are under construction or incomplete
- Sites with any types of content reasonable public consensus deems to be improper or inappropriate
It is the affiliate’s sole responsibility to maintain acceptable content, as outlined in the eligibility requirements, after their acceptance to the WINThrillsNetwork. Any violation of these rules will result in immediate removal from the Network. Your account will be cancelled and your payment will be null and void.
2. Company/Individual may not artificially inflate traffic counts using (including but not limited to) any device, program or robot.
3. Each affiliate may only hold one account with WINThrillsNetwork. Publishers or promoters can have more than one URL in their account, each of which should be submitted for review prior to placing the ads on each individual site.
WINThrillsNetwork ads must not be modified from original format without consent from WINThrillsNetwork. Affiliate agrees to use the ad code provided for displaying Creative not more than ONCE per page view. Ad codes may only appear on (root) URLs that WINThrillsNetwork has reviewed and accepted for participation. Ad codes cannot be placed in email messages.
Data Reporting (Stats):
WINThrillsNetwork is the sole owner of all Web site, campaign, and aggregate web user data collected by WINThrillsNetwork. Affiliate only has access to campaign data that is collected through the use of their inventory.
WINThrillsNetwork actively monitors the quality of traffic coming from your Sites for continued compliance with our policies and maintenance of our quality standards. WINThrillsNetwork reserves the right, at our sole discretion, to suspend delivery of Ads to your Sites, terminate your account if any of your Sites are in violation of our terms or fall below our acceptable traffic quality standards, In such cases, WINThrillsNetwork shall reserve the right to withhold all payments due to you. WINThrillsNetwork should also be entitled to a refund of monies already paid to you with respect to revenue earned as a result of any non-compliance of our terms.
Fraud and Deception:
Affiliates agree to not artificially inflate traffic counts using any programs (including scripts), device, or other means. WINThrillsNetwork will be auditing every Affiliate’s traffic on a daily basis. Affiliates that produce commit fraudulent activities, including but not limited to false impressions, will have their account permanently removed from our Network and will not be compensated for fraudulent traffic. Additionally, WINThrillsNetwork reserves the right to register fraudulent affiliates in a global ad network fraud database, for usage by other ad networks. Excessive page reloading or any other abuse of our system could result in legal action.
To insure timely payment, affiliates are responsible for maintaining the correct contact and payment information such as your name, address , etc associated with their accounts. This must be done online using the Affiliate’s account. Any and all bank/service fees associated with returned or cancelled payments due to any error in the Affiliate contact or payment information are Affiliate’s responsibility, and will be deducted from re-payment.
Removal From Network:
In order to protect our clients from any forms of fraudulent actions, we may, at our discretion, terminate any accounts that we believe violates one of our rules or that has very low conversion ratios. We reserve the right to request server logs from affiliates for investigation. In the case of non-agreement between WINThrillsNetwork and affiliates, the decision of WINThrillsNetwork stands as the final decision. Any accounts that have been cancelled due to fraudulent activities or due to the low conversion ratios will not receive payment. In cases where fraud has occurred and payment has already been made, we may, in addition to closing the account, take legal action against the Affiliate.
An important notice about sharing the same IP address
Please be aware that you need to provide us documents if you want users to share the same IP with you. The following conditions need to be required:
1. All users should be at least 18 years old.
2. All users should have different accounts in Payment Systems.
Please attach a scan of your passport, ID card or driver license with the valid expiration date, name and surname. If you do not provide such data, it can be considered as the use of two accounts for the same person. According to our company's TOS, it is not permitted to use more than one account and such activity will be viewed as cheating.
If your account is suspended in cheating all of the previous referral commission may be cancelled.
Publisher’s accumulated earning in six consecutive months does not meet our minimum payment amount. The publisher account will be deactivated. Earnings will be issued at the next payment period with a deduction of processing fee.
Upon termination of an Affiliate from the WINThrillsNetwork program, for any reasons and by either party, the Affiliate shall immediately remove all HTML insertion codes from all pages where the Affiliate had inserted such codes.
Representations and Warranties:
The program represents and warrants that it has full power and authority to enter into this Agreement. The program is not responsible for any content provided by third parties (including Advertisers). The program and its licensors make no other warranty of any kinds, whether expressed, implied, statutory or otherwise, including without limitation warranties of merchantability, fitness for a particular usage, and non-infringement. Affiliate is solely responsible for any legal liabilities arising out of or relating to (i) the content and other material set forth on the Affiliate Websites and/or (ii) any content or material to which users can link through the Affiliate Websites (other than through an advertisement supplied by WINThrillsNetwork). Affiliate hereby agrees to indemnify, defend and hold harmless WINThrillsNetwork and its officers, directors, agents, affiliates and employees from and against all claims, actions, liabilities, losses, expenses, damages, and costs (including, without limitation, reasonable attorneys’ fees) that may at any time be incurred by any of them by reason of any claims.
In no event shall either party be liable for special, indirect, incidental, or consequential damages, including, but not limited to, loss of data, loss of use, or loss of profits arising there under or from the provision of services.
Limitation of Liability:
Neither WINThrillsNetwork nor its Customers will be subject to any liability whatsoever for
Any failures to provide reference or access to all or any part of the Website due to systems failures or other technological failures of Clicksor or of the Internet;
Delays in delivery and/or non-delivery of advertisement, including, without limitation, difficulties with a Customer or advertisement, difficulties with a third-party server, or electronic malfunction; and Errors in content or omissions in any advertisement.
Affiliate shall not release any information regarding Campaigns, Creative, or affiliates relationship with WINThrillsNetwork or its customers, including, without limitation, in press releases or promotional or merchandising materials, without the prior written consent of WINThrillsNetwork. WINThrillsNetwork shall have the right to reference and refer to its work for, and relationship with, affiliate for marketing and promotional purposes. No press releases or general public announcements shall be made without the mutual agreement of WINThrillsNetwork and affiliate.
WINThrillsNetwork shall have the sole responsibility for calculation of affiliate earnings, including Impressions and geographic statistics.
Privacy and Opt-out: Affiliate shall support WINThrillsNetwork's commitment to protect the privacy of the online community; such commitment is set forth in WINThrillsNetwork's Privacy Statement, which is hereby incorporated into this Agreement.
The Program reserves the right to change any of these terms and conditions at any time without notice. You are responsible for complying with any changes to the terms and conditions within 10 days of the date of change.
Minimum Age Requirements:
No person under the age of 18 is allowed to participate in our program unless written permission from a parent or legal guardian, notarized, signed and dated
Minimum Country Traffic Requirements:
Affiliate must have at least 50% traffic or will result in account suspension.
Black List Sites:
Any pay to click, read and related sites.
The content relating to the past and/or current performance of an investment is not necessarily a guide to its performance in the future. The value of investments or income from them may go down as well as up. Prices quoted may be based on a conversion rate when the document was created and may vary. This is not a regulated investment for the purpose of the U.K.FSMA (2000). WINThrills Network are not regulated by the FSA and are not investment advisers and accept no responsibility for any investment decision a client takes and that clients who proceed to purchase investment products will not have access to the Financial Ombudsman service or the financial services compensation scheme.
WINThrills Network does not make investment recommendations, and no communication through this website or in any other medium should be construed as such. Investment opportunities posted on this website are “private placements” of securities that are not publicly traded, are subject to holding period requirements, and are intended for investors who do not need a liquid investment. Private placement investments are NOT bank deposits (and thus NOT insured by any federal governmental agency), are NOT guaranteed by WINThrills Network and MAY lose value. DO NOT invest what you cannot afford to loose.
Any financial projections or returns shown on the website are illustrative examples only, and there can be no assurance that any valuations provided are accurate or in agreement with market or industry valuations. Any investment information contained herein has been secured from sources WINThrills Network believes are reliable, but we make no representations or warranties as to the accuracy of such information and accept no liability therefor. Investors should conduct their own due diligence, not rely on the financial assumptions or estimates displayed on this website, and are encouraged to consult with a financial advisor, attorney, accountant, and any other professional that can help you to understand and assess the risks associated with any investment opportunity.
*Past performance is not indicative of future performance.
With any investment, your capital is at risk.
The Company, like all businesses, is vulnerable to financial difficulties and investing in projects issued by the Company may involve significant risk of loss of capital. There is no guarantee that the Company’s strategy or trading activities will be successful or that returns will meet the targets set out in any information published. There is no certainty that Crowdfunding activities will be fully paid at maturity or that the Company will be able to make interest payments when they fall due.
This web page intentionally does not include an application form and cannot be considered an offer. Any investment decision should be made on the basis of the information in the Terms of Service.
In addition to these Terms of Service, you may enter into other agreements with us or others that will govern your use of the Service or related services offered by us or others. If there is any contradiction between these Terms of Service and another agreement you enter into applicable to specific aspects of the Service, the other agreement shall take precedence in relation to the specific aspects of the Service to which it applies. As used herein, “Users” means anyone who accesses and/or uses the Site.
Changes to these Terms of Service
We may make changes to these Terms of Service from time to time. If we do this, we will post the changed Terms of Service on the Site and will indicate at the top of this page the date the Terms of Service were last revised. You understand and agree that your continued use of the Service or the Site after we have made any such changes constitutes your acceptance of the new Terms of Service.
The portion of our Service (and certain pages of the Site) that relate to the viewing of actual investment opportunities or to making investments in the securities offered therein are available only to certain qualified, registered and authorized users. Such portions of our Service and the Site may thus not be available in all jurisdictions or to all Users.
For persons resident in the United Kingdom, only “accredited investors” with a valid User ID and password, are authorized to access such services and web pages (such persons being (“Accredited Investors”)). In general, to qualify as an Accredited Investor, individuals must have a net worth of more than £600,000 (excluding their primary residence), or gross income for each of the last two years of at least £100,000 (£200,000 jointly with their spouse) with the expectation of a similarly qualifying income during the current year. In some cases, you may be required to provide supporting documents to issuers that provide proof that you are an Accredited Investor. Such authorization may require completion of an Accredited Investor questionnaire and satisfactory background information screening. Your failure to provide any information and documentation requested to confirm your status as an Accredited Investor will be cause for WINthrills Network to immediately discontinue your use of the Service by preventing your access to the Website and the Service.
Persons who are resident outside of the United Kingdom are allowed access to such investment opportunities only if such access does not violate the laws of their country of residence such as the USA. Our services (and certain pages of the Site) that relate to the viewing of actual investment opportunities or to making investments in the securities offered therein may not be used by any person or entity in any jurisdiction where the provision or use thereof would be contrary to applicable laws, rules or regulations of any governmental authority or where WINThrills Network is not authorized to provide such information or services.
Securities Offerings; No Professional Advice Provided
The securities offered on the Website have not been registered under the U.K.FSMA (2000). WINThrills Network are not regulated by the FSA and are not investment advisers and accept no responsibility for any investment decision a client takes. Securities sold through private placements are restricted and not publicly traded, and are therefore illiquid. Neither the U.K. Securities and Exchange Commission nor any state securities commission or other regulatory authority has approved, passed upon or endorsed the merits of any offering on this Website.
WINThrills Network is not a registered broker-dealer, funding portal, or investment advisor and does not conduct any activity that would require such registration.
Investment overviews on the Site contain summaries of the purpose and principal business terms of the investment opportunities. Such summaries are intended for informational purposes only and do not purport to be complete, and each is qualified in its entirety by reference to the more detailed discussions contained in the investor document package relating to such investment opportunity. The information contained in the Website has been prepared by WINThrills Network without reference to any particular user's investment requirements or financial situation, and potential investors are encouraged to consult with professional tax, legal and financial advisors before making any investment.
You may not become a beneficial owner of 20% or more of any issuer's outstanding voting equity securities (an “Issuer Covered Person”) without becoming subject to certain “bad actor” disqualifying events. You represent that you are not subject to a Disqualifying Event and that you will promptly notify WINThrills Network in writing should any Disqualifying Events be applicable to you. WINThrills Network is not liable or responsible for determining whether any Issuer Covered Person is subject to a Disqualifying Event.
Prohibited Conduct (Including Non-Circumvention Restriction)
By using the Site, you agree that WINThrills Network has expended significant time and effort developing its base of sponsoring property operating companies and borrowers, and in view thereof you agree that, for a period through and until two (2) years following any termination of your account, you may not solicit, initiate, encourage, or engage in discussions or negotiations with any sponsoring property operating company or other third party introduced to you by WINThrills Network, or from whom you otherwise find out about the party and/or the project, without the express written permission of WINThrills Network or such other relevant party. This provision shall survive any termination of these Terms of Service.
Our Site contains confidential information (“Confidential Information”), much of which pertains to the investments listed on our platform. Confidential Information includes all technical and non-technical data. You agree that all Confidential Information will be kept in confidence and that you will only use the Confidential Information for the purposes for which it was disclosed. To the extent applicable, you will not modify, reverse engineer, decompile, create other works from, or disassemble any such Confidential Information unless otherwise specified in writing by the disclosing party. These restrictions will not apply to Confidential Information to the extent it (a) was in the public domain at the time of disclosure; (b) became publically available after disclosure without breach of this agreement; (c) was lawfully received from a third party without such restrictions; (d) was known to you without such restrictions prior to your access to it via our Site; (e) was independently developed by you without breach of this agreement; (f) was generally made available to third parties by WINThrills Network without such restriction; or (g) is required by applicable law.
You agree to use the Site and Service only for purposes that are legal, proper and in accordance with these Terms and any applicable law, rules or regulations. You may not:
- use the Service in any manner that could damage, disable, overburden, or impair the Service, or interfere with any other party's use and enjoyment of the Service;
- attempt to gain unauthorized access to the Site, the Service, or the computer systems or networks connected to the Service through hacking, password mining or any other means;
- create user accounts by automated means or under false or fraudulent pretenses;
- utilize any data provided on the Site (including third-party provided data) for purposes other than evaluating listed investment opportunities;
- transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature;
- defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- upload, post, email or transmit, or otherwise make available through the Service any inappropriate, defamatory, infringing, obscene, or unlawful content;
- upload, post, email or transmit, or otherwise make available through the Service any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless you are the owner of such rights or have the permission of the owner to post such content;
- upload, post, email or transmit, or otherwise make available through the Service any materials that promote pyramid schemes, chain letters or disruptive commercial messages or advertisements, or anything else prohibited by law;
- run Maillist, Listserv, or any form of auto-responder or “spam” on the Service;
- use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site, including to engage in the practices of "screen scraping," "database scraping" or any other activity with the purpose of obtaining content or other information;
- interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service, including to utilize framing techniques to enclose any Content or other proprietary information, place pop-up windows over the Site's pages, or otherwise affect the display of the Site's pages;
- download any file posted by another user that you know, or reasonably should know, cannot be legally distributed in such manner;
- impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of any materials;
- remove any copyright, trademark or other proprietary rights notices contained in or on the Service;
- use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Service or collect information about its Users for any unauthorized purpose;
- submit content that falsely expresses or implies that such content is sponsored or endorsed by Realty Mogul, any of its affiliates or any third parties;
- use the Service for any illegal or unauthorized purpose (including, without limitation, in violation of any United Kingdom federal and state securities or blue sky laws or regulations, securities exchange or self-regulatory organization's rules or regulations, or equivalent laws or regulations in foreign jurisdictions);
- promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual;
- share or disclose with anyone any information obtained through the Service about any investment offerings; or
- use the Service for any commercial purpose whatsoever other than for your personal use, including (without limitation) soliciting other users for investments of any kind, offering or selling any products or services of any kind, and making investment recommendations to other users.
Registration Data; Account Security
In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to us, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account. You agree to (a) immediately notify Company of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the service. Company will not be liable for any loss or damage arising from your failure to comply with this Section.
Proprietary Rights in Site Content; Limited License
All content on the Site, including but not limited to designs, text, graphics, pictures, video, information, software, music, sound and other files, and their selection and arrangement (the “Site Content”), are our proprietary property with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without our prior written permission, except that, if you are eligible for use of the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Site Content solely for your personal use, provided that you keep such portions confidential and all copyright or other proprietary notices intact. You may not republish Site Content on any internet, intranet or extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of the Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Service shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable by us at any time without notice and with or without cause.
By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will not expire.
You may review personal information (including credit data) posted by other Users on the Site, but you are not authorized to disclose or otherwise use such information for any purpose other than assessing the creditworthiness of other Users.
Consent to Electronic Transactions and Disclosures
Because WINThrills Network operates largely on the Internet, it is necessary for you to consent to transact business with us online and electronically. Before you decide to do business electronically with WINThrillsNetwork and MandeeThrills, you must satisfy the following computer hardware and software requirements: access to the Internet; an email account and related software capable of receiving email through the Internet; a web browser which is SSL-compliant and supports secure sessions, such as Internet Explorer 5.0 or above and Netscape Navigator 6.0 or above, or the equivalent software; and hardware capable of running this software.
WINThrills Network and MandeeThrills generally receive all payments, and make all disbursements, through electronic funds transfers (ACH transfers) using the bank (or other financial institution) account information you provide to us. You authorize such bank or other financial account to pay any amounts described herein, and authorize WINThrills Network or Mandee Thrills to make any and all investment disbursements, to such account. Your withdrawal account cannot be shared with anyone else on the WINThrills Network Platform. You agree to provide WINThrills Network updated information regarding your bank or other account upon WINThrills Network's request and at any time that the information earlier provided is no longer valid.
As part of doing business with WINThrills Network and Mandee Thrills, you must also consent to our giving you certain disclosures electronically, either via our Site or to the email address you provide to us. By agreeing to the Terms of Service, you agree to receive electronically all documents, communications, notices, contracts, and agreements, including any other tax forms, schedules or information statements, arising from or relating to your registration as an investor on our Site, any investments you may make, your use of this Service, and the servicing of any investment you may make (each, a “Disclosure”), from WINThrills Network, MandeeThrills, or any service provider either of us may use. The decision to do business with WINThrills Network and Mandee Thrills electronically is yours. This document informs you of your rights concerning Disclosures.
Your consent to receive Disclosures and transact business electronically, and our agreement to do so, applies to any transactions to which such Disclosures relate, whether between you and WINThrills Network or between you and Mandee Thrills. Your consent will remain in effect for so long as you are a User and, if you are no longer a User, will continue until such a time as all Disclosures relevant to transactions that occurred while you were a User have been made.
You may not withdraw such consent as long as you have outstanding any investments made through the Site. If you have no outstanding investments made through the site and wish to withdraw consent to doing business electronically, we will terminate your registered user account with us.
You also expressly consent to receiving calls and messages, including auto-dialed and pre-recorded message calls, and SMS messages (including text messages) from us, our affiliates, marketing partners, agents and others calling at their request or on their behalf, at any telephone numbers that you have provided or may provide in the future (including any cellular telephone numbers). Your cellular or mobile telephone provider will charge you according to the type of plan you carry.
If you are accessing our site and the Disclosures electronically via a mobile device (such as a smart phone, tablet, and the like), in addition to the above requirements you must make sure that you have software on your mobile device that allows you to print and save the Disclosures presented to you during the application process. These applications can be found for most mobile devices in the device's respective "app store". If you do not have these capabilities on your mobile device, please access our site through a device that provides these capabilities.
Updates. You must keep us informed of any change in your e-mail address, your home mailing address, or your telephone number so that we can maintain communications with you about your authorization as a registered User and so that you can continue to receive all Disclosures in a timely fashion. You can contact us by e-mail at email@example.com or by calling us at +448000119166. You may also reach us in writing.
You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
The Company does not guarantee the accuracy of any User Content or Third Party Content. Although we provide rules for User conduct and postings, we do not control and are not responsible for what Users post on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any User Content or Third Party Content. The Company is not responsible for the conduct, whether online or offline, of any User of the Site or Service. The Company cannot guarantee and does not promise any specific results (relating to investments or otherwise) from use of the Site and/or the Service.
The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. The Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. The Company is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or on the Site or combination thereof, including injury or damage to Users or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will the Company be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the Site or the Service, any User Content or Third Party Content posted on or through the Site or the Service or transmitted to Users, or any interactions between Users of the Site, whether online or offline.
The Company reserves the right to change any and all content contained in the Site and any Services offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by the Company.
Limitation on Liability
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED AND EXCEPT AS MAY BE REQUIRED BY APPLICABLE SECURITIES LAWS, IN NO EVENT WILL MANDEE THRILLS OR ITS DIRECTORS, OFFICERS, STOCKHOLDERS, PARTNERS, EMPLOYEES OR REPRESENTATIVES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICE OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON OR ACCESSED THROUGH THE SITE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, EXCEPT AS MAY BE REQUIRED BY APPLICABLE SECURITIES LAW OR OTHER LAWS, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM ANY OF MANDEE THRILLS OR ITS DIRECTORS, OFFICERS, STOCKHOLDERS, PARTNERS, EMPLOYEES OR REPRESENTATIVES, REGARDLESS OF THE CAUSE OF ACTION.
CERTAIN FEDERAL AND STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES OR LIMITATIONS ON IMPLIED WARRANTIES. 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.
Governing Law; Arbitration
By visiting or using the Site and/or the Service, you agree that the laws of the UK, without regard to any principles of conflict of laws that would require or permit the application of the laws of any other jurisdiction, will govern these Terms of Service. By agreeing to the Terms and using the Website and the Service, you agree to submit to personal jurisdiction in UK for all purposes, and you agree to waive, to maximum extent permitted by law, any right to a trial by jury for any matter. Unless otherwise agreed in writing by you and us, any dispute arising out of or relating to the Terms, or any breach thereof, shall be finally resolved by binding arbitration. The arbitration will be conducted in the English language before a single arbitrator in UK. Such arbitration must be commenced within one (1) year after the claim or cause of action arises. Notwithstanding the foregoing, either Mandee Thrills or you may apply to any court of competent jurisdiction for injunctive relief without breach of this arbitration provision.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service (“Submissions”), provided by you to Company are non-confidential and shall become the sole property of Company. Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgement or compensation to you.
The failure of the Company to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms of Service is held invalid, the remainder of these Terms of Service shall continue in full force and effect. If any provision of these Terms of Service shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.
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