Uwingu Terms of Use

Welcome to Uwingu.com. Uwingu LLC (“Uwingu”) provides website features to you subject to the following terms and conditions (“Terms”). If you create an account or make purchases at Uwingu.com, you accept these Terms.

USE OF WEBSITE. By accessing this website, you warrant and represent to Uwingu that you are legally entitled to do so, to make use of the information provided in the website, and, if applicable, to make purchases through the website. Uwingu may bar access to this site for violation of these Terms.

PRIVACY. Other than as described in this Privacy and Security policy, Uwingu will not give any information about you to others without your express permission.

Uwingu may receive and store any information you enter on our website, or give us in any other way, including through email, telephone, or other communications. Uwingu may use your information to contact you regarding functionality changes to our products, services, and website, and to provide you with other information Uwingu thinks you will find valuable. Uwingu will also use information gathered about you from our website to help diagnose problems with our server, and to administer our website. Our website uses cookies to keep track of your shopping cart and receipts. Uwingu will use cookies to identify you so you don’t need to log in each time you visit our website.

Uwingu may at times provide information about you to third parties to provide various services on Uwingu’s behalf, such as processing credit card payments, serving advertisements on our site, conducting contests or surveys, performing analyses of our products or customer demographics, shipping of goods or services, and customer relationship management. Uwingu will only share information about you that is necessary for the third party to provide the requested service.

If you are visiting our website from a country other than the country in which our servers are located, your communications with us may result in the transfer of information across international boundaries. By visiting Uwingu’s website and communicating electronically with us, you consent to such transfers.

Uwingu will cooperate with government and law enforcement officials and private parties to enforce and comply with the law. Uwingu may disclose any information about you to government or law enforcement officials or private parties as Uwingu or our agents and subcontractors, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including without limitation subpoenas), to protect our property and rights or the property and rights of a third party, to protect the safety of the public or any person, or to prevent or stop activity Uwingu or our agents and subcontractors consider to be illegal or unethical.

EXTERNAL LINKS. External internet links may be provided for your convenience, but they are beyond the control of Uwingu and no representation is made as to their content. Use or reliance on any external links or the content provided thereon is at your own risk.

TRADEMARKS. The trademarks, names, logos, and service marks (collectively, the “trademarks”) displayed on Uwingu’s websites are registered and unregistered trademarks of Uwingu and may not be used: (i) in connection with any product or service that is not Uwingu’s; (ii) in any manner that is likely to cause confusion among customers; or (iii) in any manner that discredits or disparages Uwingu. Nothing contained in this website should be construed as granting any license or right to use any trademark without Uwingu’s prior written permission.

LIMITED LICENSE. Uwingu grants you a limited license to access and make personal use of its website but not to download (other than page caching) or modify Uwingu web site pages without express written permission from Uwingu. You may not engage in or facilitate any commercial use of this website or its contents, or redisplay the website or any portion of it through framing or re-posting techniques, without express written permission from Uwingu. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the Uwingu.com homepage so long as the link does not portray Uwingu or its products and services in a way that is false, misleading, disparaging or offensive. Any unauthorized use terminates the license granted by Uwingu. Uwingu additionally reserves the right to pursue any and all available legal remedies against you for violations of the limited license being granted by this provision.

DISCLAIMER OF WARRANTIES. All content, materials, products and services made available to you through Uwingu’s website are provided on an “AS IS” and “AS AVAILABLE” basis. Uwingu makes no warranties, representations, statements or guarantees (whether express, implied in law, or residual) regarding the website, its content, its operations, or its products and services. To the full extent permitted by law, Uwingu disclaims all warranties, express or implied, including but lot limited to implied warranties of merchantability and fitness for a particular purpose. Uwingu does not warrant that its websites, content, materials, products or services, or electronic communications sent from Uwingu, are free of viruses or other harmful components. Certain state laws do not allow limitations upon implied warranties. If these laws apply to you, some or all of the above disclaimers may not apply to you.

DISCLAIMER OF LIABILITY. Uwingu will not be liable for, and expressly disclaims any liability for, damages of any kind arising from the use of Uwingu’s websites or from any content, materials, products or services included, sold, or otherwise made available to you through the website, including but not limited to direct, indirect, incidental, punitive, and consequential damages. In no event shall Uwingu’s total aggregate liability to you exceed the total amount paid by you for the particular services or products that are the subject of the claims. You expressly agree that your use of Uwingu’s websites is at your own risk. Certain state laws do not allow limitations upon certain damages. If these laws apply to you, some or all of the above disclaimers may not apply to you.

INDEMNITY. You agree to protect, defend, indemnify and hold harmless Uwingu and its officers, directors, employees, and agents from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by Uwingu directly or indirectly arising from (i) your use of and access to this website or the products or services offered through Uwingu’s websites; (ii) your violation of any provision of these Terms; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of these Terms or your use of this website or the products and services offered through it.

PURCHASES. By making a purchase through Uwingu’s websites, you do not thereby own, have the future right to claim ownership of, or have any rights associated with, the object that you have named or have cast a vote for; the same applies to any object you have sent messages to. All purchases are final at the time of purchase. Uwingu retains the right to remove from its websites and databases all record of offensive, vulgar, insulting, pejorative or otherwise concerning names, messages, data entries, and information that Uwingu believes might violate or infringe the publicity, personality, privacy, likeness, copyright, trademark, or similar rights of any person or entity, at our sole discretion, without refund and without prior notice. Vote counts for names removed from Uwingu databases for any of these reasons may be nullified; refunds for votes on such names will not be given.

You are responsible for all activities that occur under your account or password. If you are under 18, you may use Uwingu’s website and make purchases only with involvement of a parent or guardian. Uwingu reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at its sole discretion.

ELECTRONIC COMMUNICATIONS. When you visit Uwingu’s website or send emails to Uwingu or its employees, officers, contractees, or email accounts, you are communicating with Uwingu electronically. You consent to receive communications from us electronically. Uwingu will communicate with you by email or by posting notices on our websites. You agree that all notices, agreements, disclosures, announcements and other communications provided or sent to you in such manner are acceptable and are legally equivalent to communications in writing.

COPYRIGHT. All content included or used in Uwingu’s websites, including software and submitted databases, is the exclusive property of Uwingu or its content suppliers and is protected by United States and international copyright laws.

PUBLIC DOMAIN. All naming and other messages/information information you submit to Uwingu’s web site may be placed in the public domain, and if you are the copyright holder on any such name or associated information, then by submitting or posting such material on Uwingu’s website, you agree that are willingly placing that material into the public domain.

COPYRIGHT COMPLAINTS. If you believe that content has been placed on Uwingu’s website that constitutes copyright infringement, please notify Uwingu with the following information:

  1. A description of the copyrighted work claimed;
  2. The specific location of that material on Uwingu.com;
  3. Your name, address, telephone number and email address;
  4. A statement that you are the copyright owner or the authorized agent of the copyright owner of the copyrighted work claimed, and that you have a good-faith belief that the use of the work is in violation of its copyright;
  5. If you are the authorized agent of the copyright owner, the name, address, telephone number and email address of the owner;
  6. A statement that the above information is correct and accurate under penalty of perjury; and
  7. An electronic or physical signature of the copyright owner or the person authorized to act on behalf of the owner.

Please submit any such claim to copyright@uwingu.com using the email subject line “Copyright Complaint.”

POSTINGS ON WEBSITE. Subject to our Privacy Policy herein, you agree to give Uwingu an irrevocable, unrestricted, royalty-free right to reproduce and make any use of any names, messages, and associated information in Uwingu’s naming database, including your identity as namer, your city and country of residence, naming citations, messages to be sent to space or entered into our databases, and the like, as well as all comments and other material you post to the Uwingu site in any products or other media. You agree not to post or otherwise submit any material that is offensive, violent, obscene, slanderous, hateful, threatening, sexual, in violation of copyrights, in violation of any laws of your country, the United States or other country in which Uwingu’s websites and databases are hosted, or in violation of international law. You acknowledge that IP addresses of all postings are logged and Uwingu reserves the right to notify the appropriate internet service providers of any such behavior.

GLOBALITY. Uwingu is capable of reaching a global community. You consent to Uwingu transferring your personal data to its hosting facilities in the United States and other countries, as well as to any location in space.

APPLICABLE LAW AND FORUM. Any dispute or claim relating in any way to your visit to any Uwingu website, or to products or services purchased through any Uwingu website, will be resolved according to the laws of the State of Colorado, without regard to its conflict of laws doctrine. Additionally, the courts located within the County of Boulder, Colorado shall have exclusive jurisdiction over all such disputes.

SEVERABILITY. Any provision within the Terms which is or becomes unenforceable in any jurisdiction, whether due to being void, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as void and the remaining provisions of the Terms shall remain in full force and effect.

SUCCESSORS AND ASSIGNS. These Terms shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, successors and assigns.

MODIFICATION. Uwingu reserves the right to make changes to its websites and these Terms at any time without notice.