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PLEASE READ THE TERMS OF USE CAREFULLY BEFORE ACCESSING THE “SITE” OR USING ANY PART OF THE SITE OR “SERVICE” (BOTH AS DEFINED BELOW). BY VISITING THE SITE AND/OR USING OR ACCESSING THE SERVICES, THE USER (“YOU”) AGREE TO BECOME BOUND BY THE TERMS OF USE AND RULES, WHICH ARE INCORPORATED BY REFERENCE. THESE TERMS OF USE APPLY TO ALL USERS OF THE SERVICE, WHETHER VISITOR OR MEMBER, INCLUDING USERS WHO ARE ALSO CONTRIBUTORS OF CONTENT, INFORMATION, AND OTHER MATERIALS OR SERVICES ON THE SITE. IF YOU DO NOT UNCONDITIONALLY AGREE TO ALL THE TERMS AND CONDITIONS OF THE TERMS OF USE, YOU DO NOT HAVE ANY RIGHT TO USE THE SITE OR THE SERVICES. WINDLYN'S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT; YOUR CONTINUED USE OF OR ACCESS TO THE SITE AND/OR SERVICES SHALL BE DEEMED ACCEPTANCE OF THE TERMS OF USE.

When using Windlyn Online, you agree to comply with any additional posted guidelines or rules including, but not limited to, Windlyn's Rules and the "Announcements," “Updates,” or "Stickies" found in the Windlyn Online Forums, which are applicable to specific activities and features and may be posted from time to time (collectively referred to herein as the "Guidelines"). All such Guidelines are hereby incorporated by reference into these Terms, as of the date they are posted.

Modification:

Windlyn reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time by posting an updated version on the Website, with or without notice to you. Please check these Terms and any Guidelines periodically for changes. Your continued use of Windlyn Online after the posting of changes constitutes your binding acceptance of such changes. If the modified Terms are not acceptable to you, then your only recourse is to discontinue using the Site.

Rules and Conduct

THE FOLLOWING CONDUCT IS PROHIBITED ON WINDLYN ONLINE OR ANY ATTENDANT WEBSITES, FORUMS, GROUPS, GUILDS ETC, AND BY USING WINDLYN ONLINE YOU AGREE TO REFRAIN FROM ENGAGING IN ANY OF THE FOLLOWING. YOU FURTHER ACKNOWLEDGE THAT IF YOU ENGAGE IN THE BELOW PROHIBITED CONDUCT OR VIOLATE THESE TERMS, YOUR ACCOUNT CAN BE TERMINATED AND YOU FORFEIT ANY AND ALL FEATHERS, WINGS, AND ANY OTHER ITEMS OR RECORDS CONTAINED UNDER YOUR ACCOUNT:

1. "Stalk", harass, disparage, ridicule, scorn, threaten, or defraud any other Windlyn member, or Windlyn, its officers or employees, or third parties;
2. send, post, or make available pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, deceptive, tortious, defamatory, libelous, or otherwise inappropriate or offensive content to other Windlyn Members or Windlyn;
3. Make unsolicited or inappropriate offers, advertisements or proposals for goods, services or other commercial activities outside of Windlyn, or send junk mail or chain letters to other Members;
4. Impersonate another person, user or member or access another Member's account without permission, or impersonate Windlyn staff;
5. Fail to deliver payment for any purchases made on Windlyn Online;
6. Share Windlyn Online passwords with a third party or encourage another Member to do so;
7. Misrepresent the source, identity, or content of information transmitted via Windlyn Online, (such as claiming a created work as your own that is not actually yours) or otherwise infringing any intellectual property rights, trademark, copyright, patent, trade secret, right of publicity or other right of any other person or entity;
8. Use, conspire to use, or encourage others to use Windlyn Online for any illegal purpose;
9. Use site features for anything other than their intended purpose, including exploiting site glitches for personal gain;
10. Interfere with any security-related features of Windlyn Online;
11. Inhibit any user's ability to navigate Windlyn Online;
12. Intentionally interfere with the operation of Windlyn Online or any Member's enjoyment of it, including intentionally posting inflammatory statements to get a reaction ("Trolling");
13. Post, request, or link to sexually explicit material or conduct;
14. Discuss, promote, or depict any form of child sexuality, abuse, exploitation, or related topics that may be harmful to or threaten the security of a child or minor or engage in any conduct whatsoever that violates any law pertaining to the protection of minors;
15. Post or distribute any content that contains software viruses or other code intended to damage or interfere with any software, hardware, equipment, system, data, or other information of Windlyn or any third party;
16. Decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of Windlyn Online, except to the limited extent applicable laws specifically prohibit such restriction;
17. Use bots on the site;
18. Buy, sell or trade Windlyn points (Feathers or Wings) for non-Windlyn items (including cash) or vice versa; or attempt to hack or scam other members;
19. Post, distribute or divulge personal information of a Member or employee of Windlyn on Windlyn Online, or through any forum, blog or other method;
20. Engage in any other conduct prohibited by our Rules and Guidelines.

Prohibited Uses

Access to the Materials from territories where the contents is illegal is prohibited. Those who choose to access Windlyn Online from locations outside of the United States do so at their own initiative and are responsible for compliance with all local rules including, without limitation, rules about the internet, data, email, or privacy. You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. Members visiting Windlyn Online from countries outside of the United States must agree to abide by all local rules regarding online conduct and acceptable content.

Any use of Windlyn Online other than for private, non-commercial use is strictly prohibited. As a condition of your use of Windlyn Online, you will not use Windlyn Online for any purpose that is unlawful or prohibited by these Terms. You may not use Windlyn Online in any manner that in our sole discretion could damage, disable, overburden, or impair it or interfere with any other party's use and enjoyment of Windlyn Online. You may not attempt to gain unauthorized access to Windlyn Online, or any part of it, other accounts, computer systems or networks connected to Windlyn Online, or any part of them, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of Windlyn Online or any activities conducted on Windlyn Online. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through Windlyn Online. You agree neither to modify Windlyn Online in any manner or form, nor to use modified versions of Windlyn Online, including (without limitation) for the purpose of obtaining unauthorized access to Windlyn Online.

Windlyn Online may contain robot exclusion headers. You agree that you will not use any robot, spider, scraper, or other automated means to access Windlyn Online for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to Windlyn Online.

Account + Password

In order to access some features of the Site, you will have to create an account.
You must submit a valid e-mail address and select a password and username during the registration process. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your account. You shall not:

1. Select or use a username a name of another person with the intent to impersonate that person;
2. Use as a username a name subject to any rights of a person other than you without appropriate authorization;
3. Use as a username a name that is otherwise offensive, vulgar or obscene. Windlyn Online reserves the right to refuse registration of, or terminate an account in its sole discretion.

You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your password. You shall never use another user’s account without such other user’s express permission. You will immediately notify a Windlyn moderator of any unauthorized use of your account, or other account related security breach of which you are aware.
When you register as a Member you will be asked to provide a password. You will be responsible for all activities that occur within your account; you should keep your password confidential. You are solely responsible for safeguarding the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your password, or any credit, debit or charge card number), immediately notify Windlyn. You may be liable for the losses incurred by Windlyn or others due to any unauthorized use of your account.

Monitoring

Windlyn has the right, but not the obligation, to monitor any and all activity on Windlyn Online. Windlyn also has the right, but not the obligation to investigate fully reports from Members and Monitors of improper conduct. Windlyn may remove any Member Submission or terminate any Member account and/or ban any Member at any time for any action in violation of these Terms including, for conduct detrimental to other Members or Windlyn, or for any other reason that in Windlyn’s sole discretion warrants such termination.

Termination

Windlyn may terminate the Service or your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate your account, contact us.
You agree that Windlyn, in its sole discretion and for any or no reason, may terminate any account (or any part thereof) you may have with Windlyn or your use of Windlyn Online and remove and discard all or any part of your account including its inventory of any virtual items, Feathers, Wings, Member profile, or any Member Submission, at any time. All items, Feathers, Wings, and other aspects of your account are considered to be a limited license to you for your use while your account is in open. Due to the limited nature of the license, the inventory in your account, your Member Submissions and any other virtual items (including Feathers and Wings), creations or submissions are considered to be forfeit when you close your account, when the account is banned for violation of the Terms or otherwise terminated as provided herein or in the event that Windlyn discontinues the Site. Any fees paid hereunder are non-refundable. Windlyn may also in its sole discretion and at any time discontinue providing access to Windlyn Online, or any part thereof, with or without notice. You agree that any termination of your access to Windlyn Online or any account you may have or portion thereof may be effected without prior notice, and you agree that Windlyn shall not be liable to you or any third party for any such termination. As discussed herein, Windlyn does not permit copyright infringing activities on Windlyn Online, and reserves the right to terminate access to Windlyn Online, and remove all content submitted, by any Members who are found to be infringers. Any suspected fraudulent, abusive or illegal activity or any of the other prohibited conduct as set forth herein shall be grounds for immediate termination of your use of Windlyn Online and, in certain circumstances, referral to appropriate law enforcement authorities. These remedies are in addition to any other remedies Windlyn may have under these Terms, at law or in equity.

Eligibility

Windlyn may, in its sole discretion, refuse to offer Windlyn Online to any person or entity. Windlyn may change its eligibility criteria at any time. Any Members previously suspended or removed from Windlyn Online by Windlyn may not be permitted to re-join.

Virtual Currency

Throughout your Windlyn Online experience, you may accumulate "Feathers", a feature of Windlyn Online when, as, and if allowed by Windlyn. Feathers are the fictional currency used in the world of Windlyn and said points may only be used to purchase virtual goods or virtual services which are stored in the member's inventory and can be used to enhance the look of the member's online persona or character, also known as an "Avatar", or other on-site features. Windlyn may charge fees for the right to use Feathers, or may distribute Feathers without charge, in its sole discretion. Regardless of terminology used, Feathers represent a limited license right governed solely under these Terms, has no real value, and is not transferable or redeemable for any sum of money or monetary value from Windlyn at any time. As a condition of using Windlyn Online and accumulating Feathers, you agree that Windlyn has the absolute right to reduce, manage, regulate, control, modify and/or eliminate Feathers, including the Feathers in your inventory, as it sees fit in its sole discretion, and that Windlyn will have no liability to you based on its exercise of such rights. Upon your closing of your account or the termination of your account by Windlyn as provided in these terms, you understand that your limited license to use Feathers will be terminated and that no sum shall be due and owing to you for the Feathers accumulated in your inventory or account. Notwithstanding any other language to the contrary, as used in these Terms and throughout Windlyn Online in the context of Feather transfers: (a) the term "sell" means "to transfer for consideration to another Member or Windlyn the licensed right to use Feathers in accordance with these Terms" and (b) the term "buy" means "to receive for consideration from another Member or Windlyn the licensed right to use Feathers in accordance with these Terms". Windlyn may halt, suspend, discontinue, or reverse any Feather transaction (whether proposed, pending or past) in cases of actual or suspected fraud, violations of these Terms or other laws or regulations, to conform with revisions to these Terms, or deliberate disruptions to or interference with Windlyn Online, such as creating multiple secondary accounts strictly to accumulate Feathers by using site features and then funnelling it to a singular account.

Fees and Payment Terms

Windlyn may charge fees for certain features. Should you elect to use such features, you shall pay all applicable fees, as described on the Website. Windlyn reserves the right to change its fees at any time, and will provide notice upon the site. Use of Windlyn Online by you following such notification constitutes your acceptance of any new or increased charges. If you buy "Wings" to purchase virtual merchandise or services, or otherwise buy products or services from Windlyn Online, then you agree to pay for any such purchases of Wings, products and services and we may charge your selected payment method to collect any such payments. You are required to keep your billing information current, complete, and accurate (such as a change in billing address, credit card number or expiration date) and notify Windlyn if your selected payment method is cancelled or compromised (e.g., for loss or theft).

You alone are responsible for all charges incurred under your account made by you or anyone who uses your account (including your children, family, or friends). If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. Your account may be deactivated without notice to you if payment is past due, regardless of the dollar amount. You are also responsible for paying any governmental taxes imposed on your purchase from or use of Windlyn Online, including, but not limited to, sales, use or value-added taxes. To the extent Windlyn is obligated to collect such taxes, the applicable tax will be added to your billing account.

ALL PURCHASES ASSOCIATED WITH VIRTUAL CURRENCY OR ITEMS, IF ANY, ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE. YOU UNDERSTAND AND AGREE THAT WINDLYN IS NOT REQUIRED TO PROVIDE A REFUND AND THAT YOU WILL NOT RECEIVE MONEY BACK OR OTHER COMPENSATION FOR YOUR INVENTORY OF VIRTUAL WINGS, FEATHERS, OR ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER VOLUNTARILY OR INVOLUNTARILY OR IN THE EVENT THAT WINDLYN DISCONTINUES THE SITE. You are responsible for all charges incurred under your account made by you or anyone who uses your account (including your children, family, or friends). If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. Your account may be deactivated without notice to you if payment is past due, regardless of the dollar amount. You are also responsible for paying any governmental taxes imposed on your purchase from or use of Windlyn Online, including, but not limited to, sales, use or value-added taxes. To the extent Windlyn is obligated to collect such taxes, the applicable tax will be added to your billing account.

ALL SUBSCRIPTION FEES AND PURCHASES ASSOCIATED WITH VIRTUAL CURRENCY OR ITEMS, IF ANY, ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE. YOU UNDERSTAND AND AGREE THAT WINDLYN IS NOT REQUIRED TO PROVIDE A REFUND AND THAT YOU WILL NOT RECEIVE MONEY BACK OR OTHER COMPENSATION FOR YOUR INVENTORY OF VIRTUAL FEATHERS, WINGS OR ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER VOLUNTARILY OR INVOLUNTARILY OR IN THE EVENT THAT WINDLYN DISCONTINUES THE SITE.

Posts and Messaging

You are welcome to post, transmit or submit chat and messages (collectively "Messages") within, or in connection with, Windlyn Online that conform to the Terms hereof. Windlyn accepts no responsibility whatsoever in connection with or arising from such Messages. Windlyn does not endorse and has no control over the content of Messages submitted by others to forums. Messages submitted to forums are not generally reviewed by Windlyn prior to posting (although Windlyn retains the right to do so) and do not necessarily reflect the opinions or policies of Windlyn. Windlyn makes no warranties, express or implied, as to the content of the Messages in the Forums or the accuracy and reliability of any Messages and other materials in the Forums. Nonetheless, Windlyn reserves the right, in its sole discretion, to prevent Members from submitting content to Forums and to edit, restrict or remove such Messages for any reason at any time.

Windlyn assumes no responsibility for actively monitoring Forums for inappropriate Messages. Windlyn may, at its election and in its sole discretion, monitor the Forums. To the fullest extent permitted by law, Windlyn nonetheless assumes no responsibility for the content of the Messages, no obligation to modify or remove any inappropriate Messages, and no responsibility for the conduct of the Member submitting any Message. In submitting Messages to Forums, you agree to strictly limit yourself to discussions about the subject matter for which the Forums are intended. You agree that Windlyn accepts no liability whatsoever if it determines to prevent your Messages from being submitted or if it edits, restricts or removes your Messages.

Certain Members of Windlyn Online may volunteer to report inappropriate conduct to Windlyn that they come across while using Windlyn Online. Windlyn assumes no responsibility for the actions of such volunteers. The volunteers are not employees or associated with Windlyn in any manner other than as Members of the community.

If you observe inappropriate or prohibited conduct while you are using Windlyn Online you may send an abuse or harassment report to admin@windlynonline.com, or use the built in report function (!).

User Submissions

Definition of Member Submissions: Windlyn may now or in the future may provide registered members with the ability to upload, submit, disclose, distribute or otherwise post (hereafter, “posting” and “Member" or "User" Submissions) content (including, without limitation, information, text [including edits and new text] and the hosting, sharing and/or publishing of such Member Submissions. You understand that whether or not such Member Submissions are published, Windlyn does not guarantee any confidentiality with respect to any Member Submissions.

Ownership. you, as the creator of that content, will retain copyrights and the freedom to use your own works in any manner you choose.

By submitting Member Submissions to Windlyn Online, you:

1. Grant to Windlyn, its affiliates and their assignees, a worldwide, non-exclusive, perpetual, irrevocable, assignable, sub-licensable, fully paid-up, and royalty-free right to use, modify, display, reproduce, distribute and perform (if applicable), prepare derivative works of and otherwise fully exploit ("Use") your Member Submissions, including without limitation, any concepts, ideas or know-how embodied therein, in any form and for any purpose, including without limitation promoting and redistributing part or all of the Site (and derivative works thereof) or the Service in any media format or technology now known or hereafter developed, in connection with the Site and within Windlyn Online in any media formats and through any media channels, and to reformat, excerpt or translate any Member Submissions;
2. Shall be solely responsible for your own Member Submissions and any consequences of posting or publishing them. You represent, warrant and affirm that:
   1. You own or otherwise control all rights to such User Submissions (including any pictures contained therein) and that disclosure and use of such User Submissions by Windlyn (including without limitation, publishing content on or at the Site) will not infringe or violate the rights of any third party;
   2. You own or have secured all necessary licenses, rights, consents and permissions for such User Submissions and authorize Windlyn to make use of these User Submissions in the manner contemplated by the Service and these Terms of Use;
   3. That the content of each User Submission is truthful and accurate;
   4. Use of the User Submission you supply does not violate these Terms of Use and will not cause injury to any person or entity;
   5. The holder of any rights, including moral rights in such User Submissions, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above;
   6. You will pay all royalties and other amounts owed to any person or entity due to your Use of any Member Submissions on Windlyn Online;
   7. Acknowledge that such User Submissions may not be treated confidentially. By submitting Member Submissions to Windlyn Online, in cases where you display your User Submissions for other members to view in any Windlyn location whether public, private or hidden, or when you directly exchange or otherwise provide your Member Submissions to other members as permitted by certain Windlyn Online functionality and these Terms, you hereby grant to such Members of Windlyn Online a non-exclusive license to Use your Member Submissions solely as necessary for such members to participate in the relevant Windlyn Online functionality or activity.

   Member Submissions Representations. In connection with Member Submissions, you further agree that you will not:

   1. Submit material that is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Windlyn all of the license rights granted herein;
   2. Publish falsehoods or misrepresentations that could damage Windlyn or any third party;
   3. Submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or is otherwise inappropriate;
   4. Post advertisements or solicitations of business;
   5. Impersonate another person
   6. Engage in any other activity that is prohibited by these Terms. Any violation of these representations is grounds for immediate termination of your account without notice or any opportunity to cure the violation. You will forfeit all feathers, wings, and any other items in your account for a violation of these representations or other Terms and agree to indemnify and hold Windlyn, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of Windlyn Online, including for your Member Submissions.

   Member Submissions Disclaimer. You understand that when using Windlyn Online you will be exposed to Member Submissions from a variety of sources, and that Windlyn is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Member Submissions. You further understand and acknowledge that you may be exposed to Member Submissions that are inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have or may be able to assert against Windlyn with respect thereto, Windlyn does not endorse any Member Submission or any opinion, recommendation or advice expressed therein, and Windlyn expressly disclaims any and all liability in connection with Member Submissions. If notified by a Member or a content owner of a Member Submission that allegedly does not conform to these Terms, Windlyn may investigate the allegation and determine in good faith and in its sole discretion whether to remove the Member Submission, which it reserves the right to do at any time. For clarity, Windlyn does not permit copyright infringing activities on Windlyn Online.

Third-Party Sites, Products and Services; Links.

Windlyn Online may include links to other web sites or services solely as a convenience to Members ("linked sites"). Windlyn does not endorse any such linked sites or the information, material, products, or services contained on other linked sites or accessible through other linked sites. Furthermore, Windlyn makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through linked sites. Access and use of linked sites, including the information, material, products, and services on linked sites or available through linked sites, is solely at your own risk, and you acknowledge that Windlyn shall not be responsible or liable, directly or indirectly, for any loss or damage caused or alleged to be caused by your use of any linked site.

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through Windlyn Online are solely between you and such advertiser. You agree that Windlyn will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on Windlyn Online. Your activities with such third party advertiser are governed by the terms and privacy policy on such linked site.

Disclaimers; No Warranties

You acknowledge that Windlyn has no control over, and no duty to take any action regarding: which users gain access to Windlyn Online; what Materials you access via Windlyn Online; what effects such Materials may have on you; how you may interpret or use such Materials; or what actions you may take as a result of having been exposed to such Materials. Windlyn Online may contain links to websites containing information that some people may find offensive or inappropriate. You release Windlyn from all liability for you having acquired or not acquired Materials through the website.

WINDLYN ONLINE AND ANY THIRD-PARTY SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH WINDLYN ONLINE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WINDLYN, ITS SUPPLIERS, LICENSORS, AND PARTNERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.

WINDLYN, ITS SUPPLIERS, LICENSORS, AND PARTNERS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN WINDLYN ONLINE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT WINDLYN ONLINE OR THE SERVERS THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WINDLYN, ITS SUPPLIERS, LICENSORS, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF WINDLYN ONLINE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT WINDLYN NOR ITS SUPPLIERS, LICENSORS OR PARTNERS) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR, OR CORRECTION. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF WINDLYN ONLINE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Indemnification; Hold Harmless.

You agree to indemnify, save, and hold Windlyn, its affiliated companies, officers, employees, agents, suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including attorneys' fees, arising out of your use or misuse of Windlyn Online, violation of these Terms, violation of the rights of any other person or entity, or any breach of the representations, warranties, and covenants made by you herein. Windlyn reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Windlyn, and you agree to cooperate with Windlyn's defense of these claims.

Limitation of Liability and Damages.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL WINDLYN OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE MATERIALS ON WINDLYN ONLINE, OR ANY OTHER INTERACTIONS WITH WINDLYN, EVEN IF WINDLYN OR A WINDLYN 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 SUCH CASES, WINDLYN'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

IN NO EVENT WILL WINDLYN OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF WINDLYN ONLINE, INCLUDING WITHOUT LIMITATION YOUR INTERACTIONS WITH OTHER WINDLYN ONLINE MEMBERS, (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING WINDLYN ONLINE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DAY THE ACT OR OMISSION OCCURRED THAT GAVE RISE TO YOUR CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER. THESE LIMITATIONS WILL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED BY THIRD PARTIES OTHER THAN WINDLYN AND RECEIVED THROUGH OR ADVERTISED ON WINDLYN ONLINE OR RECEIVED THROUGH ANY LINKS PROVIDED ON WINDLYN ONLINE.

Ownership; Proprietary Rights.

Windlyn Online is owned and operated by Alliance Digital Entertainment. The visual interfaces, graphics, design, compilation, information, computer code, products, software, services, and all other elements of Windlyn Online provided by Windlyn, including without limitation any artwork, Windlyn virtual items, Feathers, Member Submissions, Windlyn Member Online Accounts or User IDs, or visual art and any combination thereof (all of the foregoing, collectively, the "Materials") are protected by copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any Member Submissions, which are owned by and provided by our Members, all Materials contained on Windlyn Online are the property of Windlyn or its subsidiaries or affiliated companies and/or third-party licensors. All intellectual property, including but not limited to trademarks (registered and common law), service marks, and trade names are proprietary to Windlyn or its affiliates and/or third-party licensors. Except as expressly authorized by Windlyn, you agree not to buy, sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make any unauthorized or commercial use of the Materials. You agree to abide by all copyright notices, information and restrictions contained in any Materials.

Notice. Except as explicitly stated otherwise, legal notices will be served upon Windlyn through its national registered agent or, upon a user or Member through to the email address you provide to Windlyn during the registration process. Notice will be deemed given twenty-four hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through Windlyn Online, or to any billing address provided by you through Windlyn Online. In such case, notice will be deemed given three days after the date of mailing. Waiver. The failure of Windlyn to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Windlyn.

Governing Law. These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. Disputes. In the event of a dispute involving the interpretation or application of these Terms, or based upon, relating to or arising out of these Terms or Windlyn Online, you consent that such dispute shall be submitted to final and binding arbitration before a single arbitrator in the State of California, County of San Luis Obispo in accordance with Commercial Arbitration Rules of the American Arbitration Association (AAA). In the event the amount in dispute exceeds $500,000, then the matter shall be submitted before a panel of three arbitrators pursuant to the Commercial Arbitration Rules of the AAA. The decision and award of the arbitrator(s) shall be final and binding on the parties hereto and judgment of such award may be entered in any court of competent jurisdiction. In the event that any party seeks legal action for any purpose as a result of a breach or violation of these Terms, the prevailing party shall be entitled to collect attorneys’ fees and costs from the non-prevailing party.

Severability. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.

Assignment. These Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Windlyn without restriction.

Survival. The following sections of the ToS will survive any termination of these Terms:

1. Prohibited Uses
2. Virtual Currency (Feathers)
3. Messaging
4. Third-Party Sites, Products and Services
5. Disclaimers

Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.

Entire Agreement. This is the entire agreement between you and Windlyn relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to these Terms or Guidelines made by Windlyn as set forth in the Modification Section above.

Claims/Statute of Limitations. YOU AND WINDLYN AGREE THAT REGARDLESS OF ANY LAW OR STATUTE TO THE CONTRARY, ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF WINDLYN ONLINE OR THESE TERMS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CLAIM OR CAUSE OF ACTION IS PERMANENTLY AND FOREVER BARRED.

Disclosures. The services hereunder are offered by Alliance Digital Entertainment., located at: PO Box 767, Avila Beach, CA 93424. You can also contact us through our Contact Us webform. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.