Restrictions on Use of Materials
You acknowledge that this site may contain information, communications, software, photos, text, video, graphics, music, sounds, images and other material and services (collectively “Content”), which is generally provided by Wingsy Kits, its parent company or its subsidiaries or by licensors of Wingsy Kits.
You agree and acknowledge that, notwithstanding that Wingsy Kits permits access to the Content, the Content is protected by copyrights, trademarks, and other proprietary (including intellectual property) rights (collectively “Rights”), that these Rights are valid and protected in all media now existing or later developed, and that except as specifically provided in these Terms, your use of the Content shall be governed and constrained by applicable copyright, trademark and other intellectual property laws. In addition to Wingsy Kits and its licensors’ Rights in individual elements of the Content, Wingsy Kits owns a copyright in the selection, coordination, arrangement and enhancement of the Content.
You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, incorporate into another web site, or in any other way exploit any of the Content, in whole or in part except for personal or classroom educational purposes. No other use may be made of the content without the express written permission of Wingsy Kits.
Third Party Property
You agree that you may upload to the software files and Discussion Groups, or otherwise transmit on or through this site, only Content that is not subject to any Rights, or Content in which any holder of Rights has given express authorization for distribution on the Internet. By submitting Content to any “Public Area” (e.g. public chat rooms, bulletin boards, Discussion Groups, etc.) you automatically grant, or warrant that the owner of such Content has expressly granted, the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any Rights that may exist in such Content. By using any features on this site which allow you to post text, graphics or other data (“Content”), you agree that you will not use such features to transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable.
You also agree that you will not transmit any Content that you do not have a right to transmit or any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party. You also agree that you will not transmit any Content designed to harm another person or to cause damage to any computer system. You acknowledge that Wingsy Kits does not screen Content, but that Wingsy Kits shall have the right (but not the obligation) in their sole discretion to refuse or move any Content. Wingsy Kits shall have the right to remove any Content that violates these terms and may remove and bar any person who violates these terms. You acknowledge and agree that Wingsy Kits may disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
(a) comply with legal process;
(b) enforce these Terms;
(c) respond to claims that any Content violates the rights of third-parties;
(d) protect the rights, property, or personal safety Wingsy Kits, the users of this site, and the public.
Limitation of Liability
Under no circumstances, including, but not limited to, negligence, shall Wingsy Kits be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in this site, even if Wingsy Kits or a Wingsy Kits authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall Wingsy Kits total liability to you for all damages, losses, and causes of action (whether in contract, tort including, but not limited to, negligence or otherwise) exceed the amount paid by you, if any, for accessing this site.
The materials in this site are provided “as is” and without warranties of any kinds, either expressed or implied. To the fullest extent permissible pursuant to applicable law, Wingsy Kits disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Wingsy Kits does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. Wingsy Kits does not warrant or make any representation regarding the use or the results of the use of the materials in this site in terms of their correctness, accuracy, reliability, or otherwise. You (and not Wingsy Kits) assume the entire cost of all necessary servicing, repair or correction. Applicable law may not allow the exclusion of implied warranties so the above exclusion may not apply to you.
Wingsy Kits welcomes comments regarding its products and services. However, Wingsy Kits policy is not to accept or consider creative ideas, suggestions or materials other than those it has specifically requested. We hope you will understand that the intent of this policy is to avoid misunderstandings when projects developed by Wingsy Kits very productive staff are similar to someone else’s creative work. Accordingly, we must ask that you not send us any such ideas. While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products and not submit any creative ideas, suggestions or materials. If, despite our request that you not do so, you send us creative suggestions, ideas, notes, drawings, concepts or other information (collectively, the “Information”), the Information shall be deemed, and shall remain, the property of Wingsy Kits. None of the Information shall be subject to any obligation of confidentiality on the part of Wingsy Kits and Wingsy Kits shall not be liable or owe any compensation for any use or disclosure of the Information, other than such liability as arises out of the copyright or patent laws of the Ukraine.
Unless otherwise specified, the materials in the site are presented solely for the purpose of promoting products available in the Ukraine. Wingsy Kits may change, add or delete programs described in this Web site at any time without notice. This site is controlled and operated by Wingsy Kits from its offices within the Ukraine. Wingsy Kits makes no representation that materials in the site are appropriate or available for use outside the Ukraine.
Those who choose to access this site from outside the Ukraine do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this site is further subject to Ukraine export controls.
Representations, Warranties, and Acknowledgement
Wingsy Kits makes no representations about the reliability of the features of the Wingsy Kits web sites, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material and/or systems will be at your own risk. Wingsy Kits makes no representations regarding the amount of time that content on its site will be preserved.
OUR WEB SITE IS PROVIDED ON AN “AS IS, AS AVAILBABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT OT OUR WEB SITE OR ANY INFORMATION OR SOFTWARE THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WINGSY KITS BE LIABLE FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE OUR WEB SITE, NOR SHALL WINGSY KITS BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND WINGSY KITS REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO OUR WEB SITE, RECORDS, PROGRAMS, OR SERVICES. IN NO EVENT SHALL WINGSY KITS TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED FIVE DOLLARS ($5.00). SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You agree to indemnify and hold Wingsy Kits, its parents, subsidiaries, officers, employees, and web site contractors harmless from any claims and expenses, including reasonable attorney’s fees, related to your violation of these Terms of Service, including any abusive or unlawful behavior on the part of you or your dependents, or the infringement of any intellectual property or privacy right of any person.
This agreement is effective until terminated by either party. You may terminate this agreement at any time by destroying all materials obtained from any and all Wingsy Kits site(s) and all related documentation and all copies and installations thereof, whether made under the terms of this agreement or otherwise. This agreement will terminate immediately without notice from Wingsy Kits if in Wingsy Kits sole discretion you fail to comply with any term or provision of this agreement. Upon termination, you must destroy all materials obtained from this site and any and all other Wingsy Kits site(s) and all copies thereof, whether made under the terms of this agreement or otherwise.
This agreement shall be governed by and construed in accordance with the laws of the Ukraine, without giving effect to any principles of conflicts of law. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing, signed by both parties.