By signing up for the Wingman Date Night (hereby known as “WDN”) service (“Service”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”). Any new features or tools which are added to the current Service shall be also subject to the Terms of Service. WDN reserves the right to update and change the Terms of Service by posting updates and changes to the WDN website under terms and service. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.
Account Terms:
- You must be 18 years or older to use this Service.
- You must provide your full legal name, current address, a valid email address, and any other information needed in order to complete the signup process.
- You are responsible for keeping your password secure. WDN cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.
- You may not use the WDN service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws) as well as the laws of Canada and the Province of Ontario.
- You are responsible for all activity and content (data, graphics, photos, links) that is uploaded under your WDN account.
- You must not transmit any worms or viruses or any code of a destructive nature.
- A breach or violation of any of the Account Terms as determined in the sole discretion of WDN will result in an immediate termination of your services.
General Conditions:
You must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy before you may become a member of WDN.
- We reserve the right to modify or terminate the Service for any reason, without notice at any time.
- We reserve the right to refuse service to anyone for any reason at any time.
- Your use of the Service is at your sole risk. The Service is provided on an ”as is“ and ”as available“ basis without any warranty or condition, express, implied or statutory.
- WDN does not warrant that the service will be uninterrupted, timely, secure, or error-free.
- WDN does not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
- We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
- WDN does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.
- You expressly understand and agree that WDN shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.
- In no event shall WDN or our partners be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or this agreement (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, WDN partners, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
- Technical support is only provided to paying account holders and is only available via email.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by WDN.
- Verbal or written abuse of any kind (including threats of abuse or retribution) of any WDN employee, member, or officer will result in immediate account termination.
- You can remove your WDN service at any time by deleting your account. This will also remove all content you have stored on the Service.
- The failure of WDN to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and WDN and govern your use of the Service, superseding any prior agreements between you and WDN (including, but not limited to, any prior versions of the Terms of Service).
- Questions about the Terms of Service should be sent to support@wingmandatenight.com
Copyright Policy
All content on this site is owned and all rights copyrighted exclusively to WDN. Any and all distribution of any content is strictly prohibited and in such case WDN will use any and all means necessary to prosecute to the fullest extent of the law.
We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If we believe that your Content has been copied in a way that constitutes copyright infringement, we shall please provide our copyright agent with the following information in accordance with the Digital Millennium Copyright Act: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
We reserve the right to remove Content alleged to be infringing or otherwise illegal without prior notice and at our sole discretion. In appropriate circumstances, WDN will also terminate a user’s account if the user is determined to be a repeat infringer. No exceptions.
Content License
Subject to your compliance with the terms and conditions of these Terms, Client grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access, view, download and print any Content solely for your personal and non-commercial purposes. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site, Services or Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Client or its licensors, except for the licenses and rights expressly granted in these Terms.
Wingman Date Night Partners:
- WDN’s partners are listed in an online directory of independent third parties (“Partners”).
- WDN does not get commission, spiffs, tips or any sort of referral perks from listed Partners. Links to websites of Partners, announcements about services or offers, and responses to email inquiries regarding Experts, are provided solely for informational purposes at the discretion of WDN and shall not be construed or imply permission, or an affiliation, position regarding any issue in controversy, authentication, appraisal, sponsorship, nor a recommendation or endorsement of any website, product, service, activity, business, organization, or person, and any offers, products, services, statements, opinions, content or information on any linked third-party website.
Payment of Fees:
- A valid credit card is required for accounts able to process orders using a live payment gateway. Accounts used for development purposes (unable to process orders using a live payment gateway) do not require a valid credit card.
- The service will be billed on an annual basis. When your billing period is over WDN users will be sent an invoice via email.
- All membership fees are non-refundable. No exceptions.
- All fees are exclusive of all federal, provincial, state or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”). If you are a resident of Canada , you are responsible for all applicable Taxes that arise from or as a result of your subscription to a Plan. These Taxes are based on the rates applicable to the Canadian billing address you provided to us. Such amounts are in addition to payment for the Plan and will be billed to your credit card. If you are exempt from payment of such Taxes, you must provide us with an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive such a certificate.
- If you are not a resident of Canada and not subject to Canadian Goods and Services Tax/Harmonized Sales Tax (GST/HST) in respect of the service, you must provide us with a statement by email to support@wingmandatenight.com that 1) you are not a resident of Canada 2) you are not GST/HST registered and 3) to the extent that you are an individual and not a corporation or other legal entity, you were not physically present in Canada when the service is made. The statement should also include your complete home and/or business location address. If you do not provide such information, you will be charged for Taxes on the Plan which will be billed to your credit card until after such time that you provide us with the information described to us.
- To the extent that you are a non-resident individual and not a corporation or other legal entity, and your location of usage shifts to a place in Canada when the service is made, you must advise us immediately by email to the address provided above.
- WDN does not provide refunds in any circumstance.
Cancellation and Termination:
- You may cancel your account at anytime by emailing support@wingmandatenight.com
- Once your account is cancelled all of your Content will be immediately deleted from the Service. Since deletion of all data is final please be sure that you do in fact want to cancel your account before doing so.
- We reserve the right to modify or terminate the WDN service for any reason, without notice at any time.
- Fraud: Without limiting any other remedies, WDN may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.
Modifications to the Service and Prices:
- WDN reserves the right at any time to time to modify or discontinue, the Service (or any part thereof) with or without notice.
- WDN shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Disclaimers
THE SITE, SERVICES AND CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, CLIENT EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. CLIENT MAKES NO WARRANTY THAT THE SITE, SERVICES OR CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. CLIENT MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES OR CONTENT PURCHASED OR OBTAINED THROUGH THE SITE OR SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE OR SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM CLIENT OR THROUGH THE SITE, SERVICES OR CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.