​Terms & Conditions
Overview
The following terms, conditions, and notices (Site Rules) apply to all visitors or users of the Winky Designs Web site (and mobile site). By using this Web site, you agree to be bound by these rules and regulations, as they may be modified by us at any time and posted on this Web site. In the event of a violation of these rules and regulations, we reserve the right to seek all remedies available by law and in equity.
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Our Products
All features, specifications, products and prices of products and services described on this Web site are subject to change at any time without notice. From time to time there may be information on this Web site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We make no representation as to the completeness, accuracy, or currency of any information on this Web site. We reserve the right to make changes in information about price, description, or availability without notice. We reserve the right, without prior notice, to limit the order quantity on any product and/or refuse service to any customer. We have made every effort to display as accurately as possible the colors of our products that appear on the Web site; however, the actual color you will see will depend on many factors, including your computer, and we cannot guarantee that your computer will accurately display our colors.
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Limited License
The Web Site and all of its materials, including, but not limited to, its software or HTML code, scripts, text, artwork, photographs, images, video, and audio (collectively, "Materials" ) are protected by copyright laws and other U.S. and international laws and treaties. All Materials are provided through this Web site as a service to its current and prospective visitors and may be used only for personal, informational, and product ordering purposes and only if you also retain all copyright and other proprietary notices contained on the Materials. No right, title or interest in our Materials is conveyed to you. This is a limited license, not a transfer of title of our Materials, and such license is subject to the following restrictions: you may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license or otherwise exploit this site or any of its Materials without our prior written permission; you may not access or use this Web Site for any competitive or commercial purpose; nor may you permit any copying of our Materials. Any unauthorized copying, alteration, distribution, transmission, performance, display, or other use of these Materials is prohibited. We may revoke this limited license at any time for any or no reason. All rights not expressly granted are reserved by us, as applicable.
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Trademarks
We retain all rights regarding our trademarks, trade names, brand names and trade dress. These marks, names or trade dress, and all associated logos or images, are registered and/or common law trademarks of Winky Designs, and they are protected by U.S. and international laws and treaties. No license to the use of such marks, names or trade dress is granted to you under these terms and conditions or by your use of this Web Site. Your misuse of our trademarks displayed on this Web Site is strictly prohibited. You are also advised that we may aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of civil remedies and criminal prosecution.
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Prohibited Uses of Website and Services
You shall not post, transmit, redistribute, upload, or promote any communications, content or materials that contain corrupted files, viruses, or any other similar software files, the intent of which is to damage the operation of another's computer; are unlawful, threatening, harassing, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, sexually explicit, hateful, profane, indecent, racially or ethnically derogatory, or otherwise objectionable; contain chain letters or pyramid schemes; contain any unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals or entities; impersonate any person, business or entity, including us (our brands, lines of business, subsidiaries, and affiliated companies) and our employees and agents; encourage conduct that would constitute a criminal offense; give rise to civil liability; violate any law; or exhibit any conduct that, in our judgment, restricts, impairs, interferes or inhibits any other user from using or enjoying the Web Site and/or our related services and products.
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Revisions
We may terminate, change, suspend or discontinue any aspect of this Web Site, including the availability of any features of the site, at any time and without notice. We also reserves the right, at our sole discretion, to change, modify, add or remove any portion of these terms in whole or in part, at any time and without notice. Accordingly, this means we may terminate the authorization, rights and license given in these Site Rules at any time and without notice. Your continued use of this Web Site after any changes to these Site Rules are posted will be considered acceptance of those changes.
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Limitation of Liability
In no event will Winky Designs be liable to any party for any direct, indirect, incidental, special, consequential or punitive damages for use of this site or any other hyperlinked web sites including, without limitation, lost profits or revenues, costs of replacement, business interruptions, loss of data or damages resulting from use of or reliance on the information present, even if Winky Designs is expressly advised about the possibility of such damages. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitations on liability may not apply to you.
If you fail to comply with all of the requirements above, your notice may not be valid.
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If you would like additional clarity on any of the above, please contact us directly via email.