Legal Notice - The Winglet

Legal Notices

Promotional Email
We may share your personal information with our affiliated companies in order to identify products or services in which you may have interest, to improve our user experience and generally to engage in market research and for other internal business purposes. We may also aggregate your personal information with others’ information and prepare reports on site usage, purchase history or other factors for sale or distribution to others. Those reports are aggregated and include no personally identifying information. Finally, we may use your personal information to send you email or postal communications regarding products or services offered by us or by third parties with whom we have relationships in which we think you may be interested. We do not share, sell, trade or rent your personal information to third parties for unknown reasons. You may at any time choose not to receive promotional emails from us by contacting us at ask@thewinglet.com. Notwithstanding the foregoing, we may continue to contact you for the purpose of communicating information relating to this Site, as well as to facilitate, complete, or confirm any transaction that you may enter into or responding to your inquiry or request.

If you prefer for us not to provide your name and email or postal address to third parties for direct marketing purposes, please contact us at ask@thewinglet.com.

Third Party Advertising

We may use third-party advertising companies to serve ads when you visit our website. These companies use non-personally identifiable information regarding your visit to this website and other sites, such as the user IP address, pages viewed, date and time of your visit, and number of times you have viewed an ad (but not your name, address, or other personal information), to serve ads to you on this site and other sites that may be of interest to you. In the course of serving advertisements to this site, our third-party advertiser may place or recognize a unique cookie on your browser.

Specifically, Google, as a third party vendor, uses cookies to serve ads on this website. Google’s use of the DART cookie enables it to serve ads to you based on your visit to this website and other websites on the Internet. You may opt out of the use of the DART cookies by visiting the Google ad and content network privacy policy.

In addition, we use clear GIFs or pixel tags to help manage our online advertising. These clear GIFs enable our ad serving company to recognize a browser’s cookie when a browser visits this site. This allows us to learn which banner ads bring users to our website. The information we collect and share through this technology is not personally identifiable.

To learn more about these practice and your choices about not having this information used by these companies please click here.

Intellectual Property

You represent and warrant that: (i) you own the content posted by you on or through the Site or otherwise have the right to grant the license set forth below, and (ii) the Posting of your content does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

By displaying or posting content on the Site, you hereby grant us a nonexclusive global license to publish the content submitted by you to the Site. You also grant us global nonexclusive adaptation and resale rights over any content and material submitted to the Site. These nonexclusive publishing license and resale/adaptation rights extend to any materials submitted “for publication” within the Site, including both message board postings and content submitted for uploading and subsequent publishing within non-message board portions of the Site. Neither we nor our staff will be responsible for any misleading, false or otherwise injurious information and advice communicated on the Site or for any results obtained from the use of such information or advice. We will not be liable for any loss or damage suffered by a user through the user’s reliance on information and advice gained on the Site.

Infringement Policy

Pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the “Act”), we reserve the right, but not the obligation, to terminate your license to use the Site if we determine in its sole and absolute discretion that you are involved in infringing activity, including allege acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. We accommodate and do not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to 17 U.S.C. Section 512 (c), we have implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. All claims of infringement must be submitted in a written complaint that complies with the requirements below and delivered to our designated agent to receive notification of claimed infringement by mail:

The Winglet Blog
ATTN: ADAM RODRIGUEZ
PO BOX 7616, SILVER SPRING, MD 20907

Email will not be accepted as submission of a claim for infringement.

In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right must include the following information:

A. A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed.

B. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. Similarly, for materials that are defamatory or infringe patent, trademark, or other proprietary rights of a third party, please submit a list of such materials.

C. Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory 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.

D. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and/ or e-mail address.

E. A statement that you have a good faith belief that use of the material, in the manner complained, of is not authorized by the copyright or other proprietary right owner, its agent, or the law.

F. 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 owner of an exclusive right that is allegedly infringed or on behalf of the person defamed.

Disclaimers and Limitation of Liability

You understand and agree that the Site is provided “As-Is” and that we assume no responsibility for your ability to (or any costs or fees associated with your ability to) obtain access to the Site. Nor do we assume any liability for the failure to store or maintain any user communications or personal settings.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITE OR THROUGH OR FROM ITS SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.

IN NO EVENT SHALL THE SITE OR ITS OWNER BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SITE OR ITS SERVICES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions do not allow the disclaimer, exclusion or limitation of incidental or consequential damages, so the foregoing disclaimer, exclusion and limitation may not apply to you, and you may have other legal rights that vary according to jurisdiction. In no event will damages provided by law (if any) apply unless they are required to apply by statute, notwithstanding their exclusion by contract.

If there is any dispute about or involving the Site or its Services, you agree that the dispute shall be governed by the laws of the State of Maryland, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in Montgomery County, Maryland, or 25 miles therein. You also agree and hereby submit to the exclusive personal jurisdiction and venue of the federal district and state courts of the State of Maryland with respect to such matters. We make no representation that materials on the Site are appropriate or available for use in other locations, and accessing them from territories where their content is illegal is prohibited. Those who choose to use or access the Site from other locations do so on their own initiative and are responsible for compliance with local laws.