Terms of Use

The following terms and conditions of use (these "Terms of Use") govern your access and use of Company's web sites and applications, including mobile applications (the "Service"). By accessing and using the Service you are agreeing to the Terms of Use as set forth below. We reserve the right, at our discretion, to change these Terms of Use from time to time. Please check the Service periodically for such changes. By continuing to access and use the Service following the posting of changes, you accept and agree to the revised Terms of Use.

As set forth in these Terms of Use, the words "you" and "your" refer to each individual accessing and/or using the Service whether or not under an Account. The words "Company", "we", "us" and "our" refer to Winged Innovations LLC, acting on behalf of itself and, where applicable, its third party licensors. You will also notice that we capitalize additional words in these Terms of Use even though grammatical rules do not require capitalization. We do this because in the context of these Terms of Use, these words have specific meanings which can be found where the capitalized words are placed in bold text inside parentheses and quotation marks.

1) Rights and Conditions.

Company grants you a limited, non-exclusive license to access and use the Service for your own personal, non-commercial use as provided by Company, in a manner permitted by these Terms of Use. Any commercial distribution, publishing or exploitation of the Service, or any Content thereon, is strictly prohibited unless you have received the express written prior permission of Company in advance. Without limiting the foregoing, your permitted use as allowed under these Terms of Use shall be in compliance with all applicable local, state, national and international laws, regulations, rules and treaties ("Applicable Law"). If you make other use of the Service including the Content thereon, except as otherwise provided above, you will be in breach of these Terms of Use and may be violating copyright and Applicable Laws and may be subject to liability for such unauthorized use. We will not be responsible or liable for any loss or damage arising from your failure to comply with any of the restrictions or conditions hereunder.

2) Applicable Laws.

We control and operate the Service within the United States of America (the "United States"). The English language version of these Terms of Use is the controlling version regardless of any translation you may attempt. We do not represent that the Service or the Content are appropriate or lawful for use in other locations or that our operation (including our processing and handling of Submitted Materials) will comply with all local laws. Users who choose to access the Service from outside the United States or provide Submitted Materials as citizens of non-U.S. jurisdictions, do so of their own initiative, and are responsible for compliance with all Applicable Laws. These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York and the U.S. federal laws enforced within, without regard to principles of conflicts of laws. All proceedings relating to us, the Service or these Terms of Use shall be brought in the Southern District of New York and you hereby irrevocably consent to the personal and exclusive jurisdiction of such courts.

3) Account Registration.

In order to use certain parts of the Service you will have to register and create an account (an "Account"). In doing so, you will: (a) submit only complete, accurate, and current information and data about you (the "Account Information"); and (b) maintain and promptly update your Account Information.

As part of the registration process, you will create dual authentication credentials in the form of an unique user identification ("User Name") and a password ("Password"). Your commitment to maintaining the strict confidentiality of that information is a material condition of your access and use of the Service. You must not use or allow others to use your User Name, Password or Account and you agree to: (i) immediately notify us of any unauthorized use of your User Name or Password or any other breach of security related to the Service; and (ii) ensure that you log-off and exit from your Account at the end of each session. You are responsible for all activity that occurs under your Account, including any activity by unauthorized users. It is also your responsibility to notify us if you desire to cancel your Account.

You may not use the Service if you are a person barred from receiving service under the laws of United States or other applicable jurisdiction. If you are accepting these Terms of Use on behalf of a company, organization, government or other legal entity, you represent and warrant that you are authorized to do so.

4) Content.

The content made available on the Site, including text, images, graphics, logos, designs and other information, code, data and materials (the "Content") is provided to you without charge as a convenience and for your information only. Content will have a variety of origins, including information generated and provided by us and information, data and materials of third parties. The statements and views of Content submitted by other users or third parties are theirs alone and are neither endorsed by, nor intended to reflect the view or policies of Company. We do not provide any warranty that the Content is or will be:

You may make use of the Content under the rights set forth in these Terms of Use but under no circumstances will we be liable for the Content including any loss or damage caused by your reliance on Content. It is, therefore, your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, or other elements of the Content. You understand that Content might be offensive, harmful inaccurate or otherwise inappropriate, or in some cases, Content may be misleading or deceptive.

5) Intellectual Property.

As between you and Company, we own and are the exclusive owners of all rights, title and interest, including intellectual property rights (including copyrights, patents and trademarks), proprietary rights (including trade secrets and data base rights) and moral rights (including rights of attribution and authorship) throughout the world in and to the Service, its look and feel, design and organization, and the compilation of the content, code, data and materials thereon. Company reserves all rights not expressly granted in these Terms of Use.

The logos, names and other similar marks (collectively the "Trademarks") displayed on the Service are registered and unregistered Trademarks of ours and others and may not be used unless authorized by the Trademark owner. Nothing contained on the Service should be construed as granting any license or other right to use any Trademark displayed on the Service.

6) Third Party Technology.

The Service uses third party technology. Certain of the technology requires disclosure of its licensor's terms and conditions. Google is one of the third party technology used by the Service. By using the Service you are hereby bound by Google's Terms of Service set forth here.

6) Privacy Policy.

Our collection of certain information about you including the Account Information and any personal information provided as part thereof or of the below described Submitted Materials, is subject to our Privacy Policy which is incorporated herein by reference for all purposes.

7) Submitted Materials; User Generated Content.

All information, creative works, ideas, suggestions, concepts, or other materials submitted or sent by you voluntarily or at our request ("Submitted Materials") may be used by us in any lawful manner. By providing Submitted Materials you: (a) represent and warrant that you own or otherwise have all necessary rights to do so and that the Submitted Materials comply with these Terms of Use and all Applicable Laws; and (b) grant to us and our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, make, sell, export and otherwise use Submitted Material (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed. You further grant all users of the Service permission to view your Submitted Materials for their personal, non-commercial purposes. We cannot be responsible for maintaining any Submitted Materials that you provide to us, therefore you should retain all such data and information in your own records. You alone are responsible for the Submitted Materials and assume all risks associated with your Submitted Materials.

8) Prohibited User Conduct.

You are expressly prohibited from engaging or assisting other from engaging in the conduct listed below:

In addition to the prohibitions above, you shall abide by the Community Guidelines, which are incorporated herein.

9) Public Information.

It is important to remember that Submitted Material may be recorded and stored in multiple places, both on the Service and elsewhere on the Internet, which are likely to be accessible for a long time and you have no control over who will read them eventually. It is therefore important that you are careful and selective about the information that you disclose about yourself and others, and in particular, you should not disclose sensitive, proprietary or confidential information in your comments to the Service.

10) Right to Monitor and Editorial Control.

Company reserves the right, but does not have an obligation, to monitor and/or review all materials or information submitted, displayed or posted to the Service and Company is not responsible for any such materials or information posted by users. Company reserves the right to edit, refuse to post or to remove any information or materials, in whole or in part, that in Company's sole discretion are objectionable or in violation of these Terms of Use, Company's policies or Applicable Law. The foregoing includes the right to remove Submitted Content which Company in its sole discretion determines is untrue or misleading. Company also may access, read, preserve and disclose materials necessary to: (a) satisfy Applicable Law, legal processes or governmental requests, (b) prevent or address fraud, security or technical issues; (c) respond to user requests, and (d) protect the Service and rights or safety of Company and its users.

11) Social Media.

This section of these Terms of Use applies to everyone who interacts with our social media presence which includes our social media features (such as blogs and comments sections) ("Internal Social Media Feature") and social media presence viewable on Facebook, Twitter, YouTube, Google+, LinkedIn or any of the many other available external third party social media platforms we utilize ("External Social Media Presence"). Social media platforms are places of public information exchange, and you should have no expectation of privacy. The sites and platforms that host our External Social Media Presence are not controlled by us and therefore their own, and not our privacy policies and terms of use will apply. The comments and opinions expressed by users on social media are theirs alone and do not reflect the opinions of Company. Comments that some would consider inappropriate or offensive may appear on our Internal Social Media Features and on our External Social Media Presence and may remain there until they have been identified by us or called to our attention and we are able to work through the necessary procedures and technical processes to have them removed. If you see an offensive or inappropriate post or comment on our External Social Media Presence, you should report it to the operator of the applicable site or platform using the procedures they have established for that purpose. If you see such a post on Internal Social Media Features it should be reported directly to us via the contact information below.

13) Third Party Web Sites.

You may see on the Service hyperlinks or pointers to other web sites or resources maintained by third parties and we may also provide third party content on the Services by framing or other methods (collectively, "Links"). Links are provided for your convenience and information only. We reserve the right to terminate a Link at any time without notice. The fact that we provide a Link does not mean that we endorse, authorize or sponsor that web site or offering or that we are affiliated with the third party owners or sponsors. Neither the sites or offerings nor parties to which a Link will bring you are under our control and as such we are not responsible in any way for their availability, content, advertising, products or materials, including any further links their sites may contain. This means that once you follow a Link, you are no longer subject to our Privacy Policy. You should, therefore, carefully review the privacy statements and other conditions of use and sale related to any Links.

14) Disclaimer.

IN ALL EVENTS, THE SERVICE, INCLUDING ITS CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. COMPANY AND ITS AFFILIATES AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, MEMBERS, MANAGERS, SHAREHOLDERS AND REPRESENTATIVES ("COMPANY PARTIE") DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Without limiting the foregoing, the Company Parties do not warrant and further disclaim all responsibility and liability for: (a) the completeness, accuracy, timeliness, security or reliability of the Service; (b) any harm to your device, loss of data or other harm that results from your access to or use of the Service; (c) deletion of, or the failure of the Service to store or transmit any Content or other communications made by the Service; (d) continued support of a particular feature of the Service; (e) whether the Service will meet your requirements; and (f) the Service continuing to operate in an uninterrupted or error-free manner or that it is or will be free of viruses or other harmful components. Company reserves the right to modify the Service at any time. Use of the Service is at your own risk. IF YOU ARE DISSATISFIED WITH THE SERVICE, THE CONTENT OR ITS SERVICES, YOUR SOLE REMEDY IS TO DISCONTINUE ITS USE.

15) Limitation of Liability.

THE COMPANY PARTIES HAVE NO LIABILITY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING CLAIMS OF DEFAMATION, ERRORS, LOSS OF DATA, OR INTERRUPTION IN AVAILABILITY OF DATA), OR OTHER TANGIBLE OR INTANGIBLE LOSSES ARISING OUT OF OR RELATING TO THE SERVICE, INCLUDING THE CONTENT, OR YOUR USE OF, OR THE INABILITY TO USE, THE SERVICE, INCLUDING ITS CONTENT OR PRODUCTS AND SERVICES THAT YOU ACCESS THROUGH THE SERVICE, THE CONDUCT OF THIRD PARTIES, AND/OR UNAUTHORIZED ACCESS, USE OR ALTERATION OF THE CONTENT. THE LIMITATIONS OF THIS SECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE COMPANY PARTIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE.

16) Indemnity.

You agree to defend, indemnify and hold the Company Parties harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of the Service or your breach or violation of Applicable Law or of these Terms of Use. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Company's defense of such claim.

17) Copyright Agent.

We respect the intellectual property rights of others, and require that the people who use the Service do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to Company's Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. ยง 512(c)(2), named below:

Evan Rosing
245 Park Avenue, Floor 27
New York, NY 10167
Phone: (212) 609-6871
Fax: (212) 672-7655
Email: copyright@confitdant.com

Company reserves the right, in our sole discretion, to remove Content alleged to be infringing without prior notice and to terminate Accounts of an infringer.

18) Term and Termination.

These Terms of Use apply to all users of the Service at all times until we supersede and replace them. We may at any time terminate, change, suspend, add to or discontinue any aspect of the Service itself, or your right to use it, including your Account, without notice or liability to you. If Company deletes your Account, you may not re-register for the Service.

19) Miscellaneous.

These Terms of Use, our Privacy Policy and Company Policies are the entire and exclusive agreement between us and all visitors and users of the Service. Neither any course of conduct between the parties nor trade practice shall act to modify any provision of these Terms of Use. We may assign our rights and duties under these Terms of Use to any party at any time without notice to you. You agree that regardless of any statute or law to the contrary, any claim or cause of action by you arising out of or related to use of the Service or these Terms of Use must be filed by you within one (1) year after such claim or cause of action arises or be forever barred. Should any provision of these Terms of Use be held to be unenforceable, that provision will be limited to the minimum extent necessary and the remaining provisions hereof shall remain in full force and effect. The waiver of any breach of these Terms of Use will not constitute a waiver of any other or future breach, and will not act to amend or negate the rights of the waiving party. You many not assign your rights or obligations hereunder. These Terms of Use constitute the complete agreement of the parties with respect to the subject matter hereof, and supersede all prior agreements and understandings in relation thereto. The provisions of these Terms of Use pertaining to disclaimers, exclusion of damages, limitation of liability and indemnification shall survive termination. The word "including" is exemplary meaning "including, without limitation" or "including, but not limited to" unless otherwise indicated.

If you have any questions about these Terms of Use please contact us at:

contact@confitdant.com

These Terms of Use was last updated on March 16, 2015 and is effective as of that date.