1.1 We welcome you to WIND2SHARE.
1.2 Before using the WIND2SHARE Services (hereinafter the “Services”), you must first accept these terms and conditions. This is a previous and essential requirement to be complied with in order to have access to WIND2SHARE.
1.3 You may not accept these terms and conditions if you do not have the legal age and/or the legal capacity unless in either case you are not represented properly by a representative duly empowered for that purpose.
1.4 We recommend you print these terms and conditions or keep a copy in the local disk drive for your information.
Second: ABOUT WIND2SHARE
2.1 WIND2SHARE is a social business network which is interconnected and communicates through the technological platform created to that purpose. Those who participate in WIND2SHARE understand and share the importance of having access to knowhow and expertise in a society increasingly sophisticated, demanding and globalized. For that reason WIND2SHARE is based on the importance, in the current world, of having access to knowhow and to various areas of experience (hereinafter “expertise”), as well as to the efficient handling of public relationships, both for personal purposes as well as for business purposes.
2.2.WIND2SHARE makes possible for its users, according to its various categories, to be able to have access to knowhow and to “expertise” that its registered members divulge, in the degree, level, extent or limit that each member so considers it, according to the information provided by each one of them.
2.3 WIND2SHARE and its users understand that the access to knowhow and “expertise” is useful and beneficial for their personal enrichment, integral formation, professional development, perfection of skills and capabilities, among other things. Additionally, WIND2SHARE makes easier for areas of coincidences, community of interests, similarities, affinities, empathies, preferences and other forms of association that improve human relationships to arise between their users, cultivating the concerns of each one of them and creating an atmosphere of closeness and trust, all of which fosters, in addition to the personal enrichment of each one, the most proper environment for the eventual generation of business.
2.4 Each member of the network is convinced of the usefulness that provides being in contact with persons and institutions recognized by their capabilities and competences, for the benefit not only of its registered members, but also of their friends, clients or related parties. For that reason, WIND2SHARE may become a very valuable tool for the handling of public relationships of the different institutions that are incorporated to the network and of the members interacting in the same.
2.5 WIND2SHARE, accordingly, is a business social network based on the knowhow and “expertise” of its users that allows the personal enrichment of each one and the most proper environment for the eventual generation of businesses, for the benefits of its own members and of third parties.
Third: USERS OF THE BUSINESS SOCIAL NETWORK
It is understood as “User” any person that enters www.wind2share.com to the purpose of interacting in the business social network, or of knowing and/or using the various functionalities and services that the same may offer. The term “User” is so ample that it includes any person that visits WIND2SHARE’s web, that enters it, that registers himself, that interacts or benefits from the same, whether a member and/or institution, or simply any visitor. There are Users of WIND2SHARE, among others, the following categories of participants, according to the following definitions:
3.1 THE COMPANY: this is the entity creator of WIND2SHARE, which additionally is in charge of its administration.
3.2 MEMBERS: These are those natural or legal persons that have subscribed these terms and conditions, and any other agreement with THE COMPANY to be part of the business social network, that comply with a formal incorporation procedure and that have a personal access code allocated by THE COMPANY through which they may interact with the other members and with the Institutions comprising part of WIND2SHARE.
3.3 INSTITUTIONS: these are entities recognized by their knowhow and their expertise, interested in becoming related to the members of the network and divulge their capabilities and competences in a proper environment, which corresponds to their natural markets. The Institutions becoming part of WIND2SHARE use the various functionalities of the business social network to strengthen their handling of public relations and contacting the registered members of the network, as well as their friends, clients and related parties.
3.4 ADVERTISERS: these are entities that have agreed with THE COMPANY the contracting of advertising spaces in WIND2SHARE with institutional or commercial purposes.
3.5 FINAL USERS: these are natural or legal persons which may enter in contact with members or institutions comprising part of WIND2SHARE and establish formal business relationships. The final users do not require a personal access code, nor to comply with a previous procedure to interact with WIND2SHARE’s network. In any case, a final user may become a member if he complies with the steps stipulated to that purpose. Likewise, a member may be at the same time a final user, if he enters in contact with one or more Institutions or with one or more Members to establish formal business relationships according to the procedures established to that purposes.
3.6 NON REGISTERED MEMBERS: these are visitors to WIND2SHARE which do not correspond to any of the above defined categories, but to whom certain information of WIND2SHARE’s social business network is addressed in the sense that it might be relevant or of interest to them.
Fourth: ABOUT THE MEMBERS
4.1 In order to belong to the business social network that interacts in WIND2SHARE as a member it is sufficient to have complied with the enrollment procedure stipulated by WIND2SHARE, which includes, among other things, the acceptance of its terms and conditions. The required information is very simple. The same includes the identification data of the interested person. The registration of a member becomes effective with the allocation of a personal identification code or WINCODE that THE COMPANY allocates and communicates.
4.2 WIND2SHARE offers to each member the possibility of organizing, expanding and managing his or her own contact network for personal or business purposes. Therefore, a member may invite other persons to become members of the network by means of a simple invitation, which is issued according to the procedures established to that purpose. The invitation to belong to WIND2SHARE as a member does not generate the automatic incorporation of the invited party to the business social network. For an invited person to be registered as a member of WIND2SHARE, he must likewise comply with the procedure stated in article 4.1 and receive the allocation by THE COMPANY of its WINCODE.
4.3 It is also possible that any natural or legal person becomes a registered member of WIND2SHARE by self nomination, without the need of being invited by any other registered member, following the same procedure stated in article 4.1 and obtaining finally his or her WINCODE by THE COMPANY.
4.4 The application for incorporation or registration in WIND2SHARE, either by invitation of another member or by self nomination, does not generate any obligation by THE COMPANY to accept whoever is sponsored by another member or whoever is self nominated, and no justification is required to base, argue or explain the reasons for the acceptance or not of an application for membership.
4.5 Once registered as Member all the functionalities offered by WIND2SHARE are available. However, it is possible that some institutions may request the compliance with additional requirements according to their own policies, standards and procedures, including even the remittance of given documents as essential requirements for a member to be able to begin and/or maintain business relationships with them.
4.6 It is at the discretion of WIND2SHARE and of each Institution to request or demand certain information and/or additional documentation. The members recognize and state that they may not exercise any kind of complaint, lawsuit or demand against WIND2SHARE for the decision assumed by WIND2SHARE and/or each Institution of accepting them or not to begin or maintain business relationships.
4.7 Once incorporated to WIND2SHARE’s network, each member divulges the information it wishes to communicate, which may include data about his preferences, hobbies, curiosities, likings, skills, capabilities, competences, as well as any other that contributes to better understand the profile of each member. These data are published to the purposes that they are divulged within the business social network, always according to the personal criterion of each member who willingly has incorporated, added and divulged his or her own information.
4.8 The member is informed and has understood that WIND2SHARE has subscribed agreements with various Institutions for the handling of public relations. Each member may interact freely with the other members and with the institutions participating in the network. It is possible that the participation of the members in their relationships with other members and with the institutions might generate eventual compensations.
4.9 WIND2SHARE may also become a mechanism of promotion of business proposals from the members and institutions that comprise the network. Each member may use the network for business purposes, proposing those opportunities that, by their nature, it deems convenient to promote through WIND2SHARE. In this case, the interested member will propose to THE COMPANY the business he or she is interested in promoting and once agreed the details of the contents, of procedure, economical and legal, it shall be divulged by THE COMPANY in the conditions that might have been established.
Fifth: EXPRESS ACCEPTANCE RELATED WITH THE MEMBERS
5.1 With the acceptance of these terms and conditions, each member subscribes and approves the contract of enrollment which makes him or her a user in WIND2SHARE under the figure of MEMBER. Thus, he accepts all the terms and conditions for the participation in and use of WIND2SHARE.
5.2 As regards the data that each member wishes to publish and had effectively published to the purposes of spreading it through WIND2SHARE’s network, each registered member agrees and accepts expressly and unequivocally that (s)he gives his or her consent and is in agreement for the treatment of the information (s)he decides to publish by THE COMPANY to the purposes of market study and analysis, marketing activities, control of client’s satisfaction, promotion of new services and products, and sending of short messages.
5.3 Likewise, each member assumes the responsibility for the information (s)he had published in WIND2SHARE, its truthfulness, certainty and accuracy; and in any case it exonerates THE COMPANY and WIND2SHARE from any liability or obligations that might derive therefrom.
Sixth: ABOUT THE POSSIBLE COMPENSATIONS
6.1 The registered members in WIND2SHARE’s network benefit from their professional experience and personal relationships in order to promote eventual business opportunities through WIND2SHARE’s network. These economic benefits and/or compensations represent some of the advantages offered by becoming part of WIND2SHARE.
6.2 WIND2SHARE may be used for business purposes in two cases: a) as a public relationships handling tool for the Institutions; b) as a mechanism for the promotion of businesses between members and/or final users of the network. Under these assumptions economic benefits and/or compensations may be generated, according to the case and as it should had been determined.
6.3 The benefits, compensations and payments generated in the above stated cases are determined by THE COMPANY, by WIND2SHARE and by the Institutions.
6.4 There are three types of compensations: DIRECT COMPENSATION, SPONSOR FEE, and SHARING COMPENSATION.
6.5 DIRECT COMPENSATION: Each member has allocated a percentage that serves as a mechanism of computation of his compensations. The percentages are of four levels: level 1: 30%; level 2: 40%, level 3: 50%, level 4: 70%. Said percentages are applied on the gross revenues received by THE COMPANY according to the agreements signed with THE INSTITUTIONS or with the FINAL USERS, if such were the case. Each member entering in the network begins with a percentage of 30%. Progressively, the member will escalate the level according to the amount of the net revenues generated in the last 12 months. Once exceeded the limit of US$ 35.000,00 in net revenues, level 2 (40%) is reached. When the limit of US$ 100,000.00 in net revenues is exceeded, level 3 (50%) is reached. When exceeding the limit of US$ 300.000,00 in net revenues, level 4 (70%) is reached. Once the member reaches a level of direct compensation, he shall remain in that level until he generates sufficient net revenues to pass to the next level.
6.6 SPONSOR FEE AND SHARING COMPENSATION. WIND2SHARE has the outmost interest in that each member uses the various functionalities to organize his own net of contacts, inviting his friends and related parties to become part of his network within WIND2SHARE. There is a simple procedure that allows formalizing the entry of new members and registering them as users sponsored by the member that invited them. Each member shall receive additional compensation for the business opportunities generated by the members of his contact network. SPONSOR FEE: Each member shall also receive a compensation equivalent to 5% of the net revenues received by THE COMPANY according to the agreements subscribed with THE INSTITUTIONS and/or with the FINAL USERS, whichever the case, that were generated by the members he or she sponsored directly and immediately and that comprise part of his or her contact network. SHARING COMPENSATION: Likewise, if the member that has been sponsored has a direct compensation of a lower level than that of his or her sponsor, the latter shall receive a percentage equivalent to the difference between his or her level of compensation and that of his or her sponsored member, computed likewise on the net revenues generated thanks to his or her facilitation, according to the contracts subscribed with the INSTITUTIONS and/or with the FINAL USERS, whichever the case.
6.7 It is very important to keep in mind that each one of the invited members, in turn, has the possibility of establishing his or her own contact network within WIND2SHARE. When this occurs, the members of the contact network of a member that has been sponsored are not translated nor do they benefit the sponsoring member. The compensation mentioned in the previous numeral only applies in favor of the sponsoring member and only in respect to the members he or she had sponsored and that comprise part of his or her contact network, directly and immediately.
6.8 Additionally, two or more members may get together to identify, provide and execute and/or reach business opportunities jointly. The association of two or more members is denominated “Split” and once THE COMPANY is notified, it is registered with an identification code or WINCODE through which the pertinent compensation shall be verified. The Split operates like another member, even for the sponsoring of new members. It is the responsibility of the members comprising each Split to state the internal proportion or sharing of all those comprising it.
6.9 According to each type of pertinent compensation, THE COMPANY and/or WIND2SHARE shall deposit in the bank account that the member has stated, the pertinent amount and shall issue a semi-annual statement through which the Member may verify the summary of his or her activity as a member.
6.10 In any case, it shall be applied for the Member whatever is definitively and specifically established by THE COMPANY, WIND2SHARE and/or THE INSTITUTIONS in accordance to the pertinent business terms.
Seventh: ABOUT THE INSTITUTIONS
7.1 The Institutions participating in WIND2SHARE’s network are benefited from the professional experience and personal relationships of the Members and they consider WIND2SHARE as an appreciable valuable tool for handling their public relations.
7.2 In that regard, the Institutions shall make regular, quarterly, semi-annual or annual payments, according to the provisions in the agreements that each Institution subscribes with THE COMPANY and/or WIND2SHARE.
7.3 These regular payments represent the net commissions to be received directly and only by THE COMPANY and/or WIND2SHARE, who receives them, registers them and distributes them as pertinent.
7.4 The Institution subscribes specific contracts with THE COMPANY and/or WIND2SHARE. The contractual conditions contained in these contracts are understood as extended to each member of the network, who assumes them as mandatory in his or her relationships with each Institution.
Eighth: PROPER USE OF THE NETWORK
Every user of WIND2SHARE engages to use the Web Site and the services therein offered pursuant to the law, to these General Conditions, with the principles of loyalty and honesty, the respect to moral and to good behavior. The following is the list which is merely illustrative and not restrictive of improper uses:
8.1 To reproduce, copy or distribute the information with commercial purposes, outside of the channels established to that purpose in these terms and conditions of use.
8.2 To use the network for business purposes in any way which is directly or indirectly avoiding the participation of THE COMPANY, of some of the members or of any other user whether registered or not.
8.3 To transform or modify the information in the Web Site which is not published by the member itself or by the Institution itself in the spaces specially established to that purpose.
8.4 To suppress, evade or manipulate the copyright and other data that identify and individualize WIND2SHARE, as well as the headings incorporated in the content, and the technical protection devices or other mechanisms of access to the information.
8.5 To supply false or wrong data which may induce to error or to damages to other members, other users or third parties.
Ninth: INFORMATION GENERATED BY THE CONNECTION FACILITIES WITHIN WIND2SHARE
As a business social network, WIND2SHARE is attentive to the mechanisms of connection that each member uses to enter in contact with other members and interacting inside the network. Thus, it is possible that WIND2SHARE identifies the data of the computer, cell phone or any other equipment that allows accessing the platform. Among others, it may obtain information of the IP address, as well as the geographic location and other data that are related to the frequency of use of certain functionalities, preferences of time, topics and sections.
Tenth: PURPOSE OF THE USE OF DATA.
THE COMPANY, WIND2SHARE and each one of the members expressly declare and agree that the collection and processing of the data in question that each member has decided to publish are necessary for the operation of WIND2SHARE. In that regard, said data and information not subject to confidentiality shall be used for the following purposes:
10.1 With legal purposes: this means that the data may be required to comply with a demand of the law or of any body that supervises the social networks.
10.2 With contractual purposes: this means that the data may be necessary to comply with the commitments that THE COMPANY has assumed with each member. Among others, the dissemination of information, the delivery of some notification, the payment of eventual compensations, awarding of prizes or similar benefits, privileges or incentives.
10.3 With purposes of market, promotion and/or analysis.
10.4 With the purposes of supporting marketing activities, including the monitoring of the client’s satisfaction and/or the development and the proposal of new services and/or products and/or sending of short messages, both through electronic mail, text messages and bulletins related to products and services offered by THE COMPANY or by third parties that had entered into agreements with the latter.
Eleventh: METHODS OF DATA PROCESSING
The data shall be mostly processed by electronic means and in any case, according to the minimum measures of security precaution and confidentiality of the same. The data may also be transmitted by use of radio frequency chips with the encrypted transmission of the identification data contained in the cards (more specifically, the numerical codes stored in the same) legible by special systems that are authenticated by means of special credentials, at a variable distance.
Twelfth: CONFIRMATION RIGHTS
Each member has the right to obtain the confirmation of the existence or not of his or her personal data, the communication of the same, its origin, of the purposes and methods of processing and the logics applied in the case of processing made with the assistance of electronic instruments. The applicants may also obtain the updating, the rectification or, if there is any interest, the integration of data, as well as the cancellation, the transforming in anonymous form or the blocking of data processed in violation of the law.
Thirteenth: EXCLUSIONS OF GUARANTEES AND LIABILITY
13.1 The services of the Web Site do not have any guarantee of absence of virus or other elements that might generate alterations in the informatics system of the User (software and hardware or electronic documents and files stored in the same) and therefore neither THE COMPANY nor WIND2SHARE assume any liability for damages and losses of the User, whatever their nature, which might be derived from said events.
13.2 The User must be prepared to take the precautions in order to protect his informatics system, which he states and recognizes is under his only and exclusive responsibility and charge.
13.3 THE COMPANY and WIND2SHARE shall use, according to what they deem convenient, the hardware, software and telecommunication technologies available in the market, that are of proven effectives to try to guarantee the User the integrity and availability the information provided by them and/or by the User. Likewise, electronic data transfer and coding protocols recognized in the market as secure shall be used.
13.4 THE COMPANY and WIND2SHARE do not guarantee the availability and continuity of the uninterrupted operation of the Web Site. Whenever it is reasonably possible, THE COMPANY and/or WIND2SHARE at their discretion may notify previously the interruptions in the operations of the Web Site.
13.5 THE COMPANY and/or WIND2SHARE are exempted and excluded from any type of liability for damages and losses of any nature that may have their origin in the lack of availability or continuity of the operation of the Web Site.
Fourteenth: SERVICES RENDERED BY THIRD PARTIES THROUGH THE WEB SITE
Neither THE COMPANY nor WIND2SHARE guarantee the truthfulness, certainty, lawfulness, technical fitness, accuracy, sufficiency, their being up to date and the usefulness of the information and services rendered by third parties through the Web Site; therefore they do not assume any responsibility for the damages and losses of whatever nature that might be due to the services rendered by third parties through WIND2SHARE’s Web Site and, in particular, although not exclusively nor taxatively, for the damages and losses that might be due, among others to:
14.1 Infringement of the law, moral and generally accepted proper behavior or public order.
14.2 Infringement of intellectual and industrial property rights, of business secrets, contractual commitments of any kind, of the rights to honor, to personal and family intimacy and to the image of persons, of the ownership rights and of any other nature, belonging to a third party as a consequence of the rendering of services through the Web Site.
14.3 The performance of actions of unfair competition and unlawful advertising as a consequence of the rendering of services by third parties through the Web Site.
14.4 The lack of truthfulness, accuracy, certainty, sufficiency, fitness, their being up to date, of the contents transmitted, divulged, stored, received, obtained, made available or accessible by means of services rendered by third parties through the Web Site.
14.5 The lack of adequacy for any kind of purpose and the failure to comply with the expectations generated by the services rendered by third parties through the Web Site.
14.6 The failure to comply, delay in compliance, faulty compliance or termination by any cause of the commitments engaged by third parties and contracts made with third parties relative with or by reason of the rendering of services through the Web Site.
14.7 The vices and faults of any kind of the services rendered by third parties through the Web Site.
Fifteenth: SERVICES AND CONTENTS OUTSIDE OF THE WEB SITE
WIND2SHARE’s Web Site makes available to the User technical linking devices (such as links, banners, buttons, directories and searching tools) that allow to access other Web Sites belonging to or managed by third parties (hereinafter, the Linked Sites). The installation of the Linked Sites has as sole purpose to facilitate to the User the search and the access to information available on the Internet. The possibility of the Linked Sites does not represent an offer by THE COMPANY to render the services offered by said sites, either directly or on behalf of third parties. Neither does THE COMPANY control, approve or survey, nor makes them its own, the products, services, contents, information, data, files and any class of material existing in the Linked Sites. The User, therefore, under his own risk and responsibility decides on the usage of the services, information, data, files, products and any class of material existing in the Linked Sites. THE COMPANY does not guarantee the technical fitness, accuracy, sufficiency, their being up to date and usefulness of the information nor assumes any type or responsibility for the damages and losses of any kind that may be due, among other things, to:
15.1 The operation of the services, contents, information, data, files and any class of material existing in the Linked Sites.
15.2 The maintenance of the services, contents, information, data, files and any class of material existing in the Linked Sites.
15.3 The rendering or transmission of the services, contents, information, data, files and any class of material existing in the Linked Sites.
15.4 The quality, lawfulness, reliability and usefulness of the services, contents, information, data, files and any class of material existing in the Linked Sites.
15.5 The failure to comply with the law, moral, and the generally accepted good behavior or the public order.
15.6 The infringement of intellectual and industrial property rights, of business secrets, contractual commitments of any kind, of the rights to honor, to personal and family intimacy and to the image of persons, of the ownership rights and of any other nature, belonging to a third party as a consequence of the rendering of services through Linked Sites.
15.7 The performance of actions of unfair competition and unlawful advertising as a consequence of the rendering of services by third parties through Linked Sites.
15.8 The lack of truthfulness, accuracy, certainty, sufficiency, fitness, their being up to date, of the contents transmitted, divulged, stored, received, obtained, made available or accessible by means of services rendered by third parties through Linked Sites.
15.9 The lack of adequacy for any kind of purpose and the failure to comply with the expectations generated by the services rendered by third parties through Linked Sites.
15.10 The failure to comply, delay in compliance, faulty compliance or termination by any cause of the commitments engaged by third parties and contracts made with third parties relative with or by reason of the rendering of services through Linked Sites.
15.11 The vices and faults of any kind of the services rendered by third parties through Linked Sites.
Sixteenth: NO GRANTING OF LICENSE AND/OR AUTHORIZATION OF USE
By the mere fact of accessing the Web Site or for the usage of the services offered therein, WIND2SHARE and THE COMPANY are not granting a license or authorization of use of any kind, over the rights of industrial and intellectual property or over any other property or right related to the Web Site, the services or the contents.
THE COMPANY and WIND2SHARE reserve the right to make at any time modifications or updates to the terms and conditions, taking into account legislative novelties, internal policies or new requirements for the best operation of the business social network. These modifications shall be available to the users and to the general public through www.wind2share.com
Eighteenth: PUBLIC SECTION
WIND2SHARE has a section for public use to which may be accessed without the demand of subscriptions or personal registration. It may happen that a user of this section decides to enter his personal and/or identification data, when doing so it is understood that the same in giving his consent for the use of the information provided, under the content of these terms and conditions.
Nineteenth: USE OF THE INFORMATION
The main use of the information contained in WIND2SHARE is for capturing members for the WIND2SHARE’s network. However, the users accept and agree that WIND2SHARE has as a goal or purpose the continuous effort to reach the objectives derived from its character of business social network, wherefore the users expressly agree and accept that it is possible that WIND2SHARE and THE COMPANY use said information for submitting it to market analysis, consumption behavior studies or promotion of products and services. Within this activity WIND2SHARE and THE COMPANY will use the data obtained through its Web Site to personalize the promotional pieces or to send, through the electronic mail registered by the user, information on its products and services. Likewise, the users accept and agree that any other type of information collected by THE COMPANY and WIND2SHARE is the IP address, necessary to know the origin and activity of the users of its Web Site, it being that the purpose of collecting, obtaining and keeping IP data is the same mentioned herein above.
Twentieth: COOKIES AND WEB BEACONS
Twenty-first: INTELLECTUAL PROPERTY
In case that any User or a third party considers that any content introduced in WIND2SHARE’s Web Site involves a violation of his or her intellectual property, it is agreed and recognized expressly that THE COMPANY and WIND2SHARE are exonerated and exempted from any type of liability in the understanding that the information is and has been introduced by the Users themselves.
22.1 The translation that WIND2SHARE provides of the version in Spanish of these terms and conditions is only and exclusively for information purposes, in the understanding that the version in Spanish shall be the prevailing one and the one governing the Users relationships with WIND2SHARE.
22.2 In case that there exists any incoherence or discrepancy between the Spanish version of these terms and conditions and the translated version, the Spanish version shall prevail.
Twenty-third: SUPPLY OF THE SERVICES BY WIND2SHARE
23.1 WIND2SHARE is constantly innovating to the purposes of offering the best possible experience to its users. All users recognize and accept hereby that the contents and nature of the services provided by WIND2SHARE may vary occasionally without previous notice.
23.2 As part of this permanent innovation, every user recognizes and accepts that WIND2SHARE may suspend, either permanently or temporarily, the services, or any of the functions included therein, for one user or for the users in general at the discretion of WIND2SHARE and without previous notice.
23.3 Every user recognizes and accepts hereby that, if WIND2SHARE disables the access to his or her account, it is possible that he or she may not access the Services, the information of his or her account or the files or other contents in the same.
23.4 Every user recognizes and accepts hereby that, if it is true that WIND2SHARE may not have set any limit regarding the number of transmissions to send or receive elements through the Services, nor to the quantity of storage space available for the supply of any of the Services, WIND2SHARE reserves the right to establish limits in that respect at any time and at its absolute discretion.
Twenty-fourth: USE OF THE SERVICES
24.1 In order to be able to access to given Services, it is possible that the user is requested to provide personal information, such as, for instance, identification data and contact information, as part of the process of registration in the Service or as part of the continuous use of the Service. Every user agrees, and accepts and engages that any registration information it provides to WIND2SHARE shall be precise, correct and updated.
24.2 Every user accepts and agrees to use the Services exclusively to the purposes stipulated in these terms and conditions and any law or regulation applicable or any of the practices or guidelines accepted in the pertinent jurisdiction.
24.3 Every user accepts, agrees and engages not to access nor attempt to access any of the Services through any other means which is not the interface provided by WIND2SHARE, unless it has been so established in an independent written agreement between some user and WIND2SHARE. In that regard, every user engages specifically not to access, or attempt to access any of the Services using automated means, including command sequences or web trackers, and he or she shall assure to comply with the instructions stipulated in any file pertinent to the Services.
24.4 Every user accepts, agrees and engages not to involve in any activity that interferes or interrupts the Services or the servers and networks connected to the same.
24.5 Unless it is stipulated otherwise in an independent agreement between WIND2SHARE and the user, every user engages not to reproduce, duplicate, copy, sell, market nor resale the Services nor the information therein contained, for any purpose different to those rendered by WIND2SHARE.
24.6 Every user agrees and accepts that he or she is the only responsible party, and that WIND2SHARE disclaims any responsibility towards the user or towards any third party, for the failure to comply with any of its obligations by virtue of these terms and conditions, as well as of the consequences, including any loss or damage that may be caused to WIND2SHARE derived from said failure to comply.
Twenty-fifth: PASSWORD AND CODE OF THE USER
25.1 Every user agrees, acknowledges and accepts hereby that he or she is solely responsible for maintaining the confidentiality of his or her passwords associated to WIND2SHARE that he or she uses to access the Services.
25.2 Accordingly, every user agrees, acknowledges and accepts hereby that he or she is the sole responsible before WIND2SHARE of each and every one of the activities developed in his account.
25.3 Every user agrees, and accepts hereby to notify immediately WIND2SHARE of any unauthorized use of his or her password or account that he or she becomes aware of, through the address firstname.lastname@example.org
Twenty-sixth: PERSONAL INFORMATION AND PRIVACY
26.1 WIND2SHARE applies the practices for data protection as stipulated in these terms and conditions and according to its internal policies.
26.2 Every user agrees and accepts the use of his or her data according to WIND2SHARE’s privacy policies.
Twenty-seventh: CONTENTS OF THE SERVICES
27.1 Every user accepts and acknowledges that every information such as data, files, written text, informatics programs, music, audio files or other sounds, photography, videos, or other graphic material to which he or she has access as part of the Services or through the use of the same, is of the exclusive responsibility of the person that created said contents. Hereinafter, said information shall be denominated the “Contents”.
27.2 The Contents offered as part of the Services, include, among others, advertisements appearing in the Services and the sponsored Content, may be protected by intellectual property rights belonging to sponsors or to advertisers who facilitate the Contents to WIND2SHARE or belonging to other persons or companies in their name. Unless WIND2SHARE or the owners of said Contents authorize expressly otherwise, in an independent agreement, every user engages not to modify, rent, lease, loan, sell nor distribute these Contents, nor create works derived based on the same, either in its totality or partially.
27.3 WIND2SHARE reserves the right, although that does not constitute an obligation, of previously selecting, reviewing, marking, filtering, modifying, rejecting or eliminating partially or totally the Contents available through the Services. In the case of some Services, WIND2SHARE could provide tools for filter explicit sexual contents.
27.4 Every user accepts and agrees that he is aware that when using the Services he or she may be exposed to Contents that, according to his or her opinion, is offensive, indecent or of doubtful reputation and that in consequence, he or she uses the same Services under his or her own responsibility.
27.5 Every user accepts and agrees that he or she is the only and exclusive responsible, and that WIND2SHARE disclaims every responsibility towards the users or towards any third party, of every Contents that are created, transferred or published during the use of the Services, as well as of the consequences derived from its actions, including any loss or damage caused to WIND2SHARE.
Twenty-eighth: OWNERSHIP RIGHTS
28.1 Every user accepts and agrees that WIND2SHARE or its suppliers of licenses, are the owners of every rights, title and interests associated to the Services, including all the rights over the intellectual property acting on them, independently of whether said rights are registered or not and from where there exist. Likewise, he recognizes that the Services may contain information considered confidential by WIND2SHARE and he engages not to disclose said information without the previous consent in writing from WIND2SHARE.
28.2 Unless agreed otherwise in writing with WIND2SHARE, none of the provisions of these Conditions grant the right to the users to use the trade name and trade marks of WIND2SHARE, its service marks, logos, domain names or other distinctive characteristics of a mark.
28.3 In case that the explicit right to use any of these mark characteristics is granted through an independent written agreement between WIND2SHARE and some user, every user engages that the use of said characteristics complies with the agreement in question, with any of the applicable provisions of the Conditions and with the guidelines for the use of the mark elements of WIND2SHARE, which may be modified periodically from time to time.
28.4 Every user accepts and agrees that he or she engages to protect and apply the ownership rights that might exists over the Content and the Services; and it exempts WIND2SHARE from the obligation of doing it on his or her behalf.
28.5 Every user accepts not to eliminate, hide or alter the notices of ownership rights, among them, copyrights and trade mark, notices, both those included in the Services as well as those facilitated as part of the same.
28.6 Except if WIND2SHARE had granted the authorization expressly in writing, every user engages that during the use of the Services he or she shall not use any trademark, service mark, trade name or logo of any company or organization in any way that might cause confusion over the owner or the authorized user of said marks, names or logos.
Twenty-ninth: WIND2SHARE LICENSE
29.1 WIND2SHARE and THE COMPANY are the owners of the licenses, permits and certifications, as pertinent.
29.2 It is forbidden to copy, modify, decompile or attempt to extract the source code of WIND2SHARE’s Software totally or partially, or to create derived works or to perform reverse engineering of the same, as well as to allow a third party to do so, unless it is so allowed or demanded by the law, or unless WIND2SHARE grants said rights in writing.
29.3 Unless WIND2SHARE has granted the permit in writing, the users may not assign, nor grant sublicenses of their rights to use WIND2SHARE’s Software or Services, nor to grant interests on the security as regarding these rights nor transfer any of these rights.
Thirtieth: LICENSE OF THE CONTENTS
30.1 Every user shall maintain the copyright and any other right that he or she already has over the Contents that he or she sends, publishes or shows in the Services or through them. When sending, publishing or showing Contents, he or she shall be granting to WIND2SHARE a permanent, worldwide, irrevocable, non-exclusive license, not subject to copyright, to reproduce, adapt, modify, translate, publish, represent and show publicly, as well as to distribute, any Contents he or she sends, publishes or shows in the Services or through them. This license is granted for the sole purposes of allowing WIND2SHARE to publish, distribute and promote the Services.
30.2 Every user accepts that this license grants WIND2SHARE the right to distribute the Contents to other companies, organizations or persons with whom WIND2SHARE maintains relationships for the purposes of offering the Services and of using said Contents in relation to the supply of said Services.
30.3 Every user is aware that, when carrying out the technical steps required to offer the Services, WIND2SHARE may transmit or distribute the Contents through various public networks and different means; and apply the necessary changes to the Contents in order to adapt them to the technical requirements demanded by the network, the devices or the services, as pertinent. Every user accepts that, by this license, WIND2SHARE is granted the right to carry out said actions.
30.4 Every user confirms and guarantees to WIND2SHARE that he or she has all the rights, powers and authority necessary to grant the above mentioned license.
Thirty-first: SOFTWARE UPGRADES
The Software used may download and install automatic upgrades of WIND2SHARE. Said upgrades are designed to improve, optimize and develop the Services and they may consist of corrections, improved functions, new software modules and new versions. Every user accepts to receive said upgrades and allows WIND2SHARE to provide them to him or her as part of the Services.
Thirty-Second: TERMINATION OF THE RELATIONSHIP WITH WIND2SHARE
32.1 These terms and conditions shall remain valid until WIND2SHARE or the user decides to terminate them, according to what is stipulated herein below:
32.2 In order to terminate the legal agreement entered between WIND2SHARE and the user, the user shall notify WIND2SHARE at any time and close the accounts of all the Services which he or she is using, where WIND2SHARE offers the option to close. The notice must be sent in writing to WIND2SHARE’s address stated in its web page.
32.3 WIND2SHARE may terminate this agreement with any user at any time, if:
a. The user fails to comply with any of the provisions hereof or has acted in any way that proves that he or she has no intention to comply with said provisions or that he or she is not able to comply with them.
b. WIND2SHARE is demanded to do so by the law, for instance, in case that the supply of these Services is illegal.
c. WIND2SHARE ceases to provide the Services.
d. WIND2SHARE is in process of interrupting the supply of the Services to the user, to the country of residence of the user or wherein the latter uses the Services.
e. The supply of the Services by WIND2SHARE has ceased to be commercially feasible from WIND2SHARE’s point of view.
32.4 None of the provisions stated in this section shall affect WIND2SHARE’s rights regarding the supply of the Services by virtue of the provisions of these terms and conditions.
32.5 Whenever these terms and conditions are terminated, all the rights, obligations and legal responsibilities whereby WIND2SHARE and the users had been governed, had accumulated during the duration or which continue in force indefinite, shall be unaltered; and the provisions contained herein shall continue to apply to said rights, obligations and responsibilities indefinitely.
Thirty-third: EXCLUSION OF GUARANTEES
33.3 NONE OF THE PROVISIONS HEREOF SHALL COMPRISE THE EXCLUSION OF LIMITATION OF THE RESPONSIBILITIES OF WIND2SHARE FOR LAWSUITS, WHICH ARE NOT EXCLUDED OR LIMITED BY THE LEGISLATION IN FORCE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN GUARANTEES OR CONDITIONS NOR THE LIMITATION OR EXCLUSION OF RESPONSIBILITIES FOR LOSSES OR DAMAGES ORIGINATED DUE TO NEGLIGENCE, DEFAULT OF A CONTRACT OR DEFAULT WITH THE IMPLICIT CONDITIONS OR ELSE FOR FORTUITOUS OR DERIVED DAMAGES. ACCORDINGLY, ONLY LIMITATIONS THAT ARE LEGAL IN YOUR JURISDICTION SHALL BE APPLIED IN YOUR CASE, AND THE RESPONSIBILITY OF WIND2SHARE AND THE COMPANY SHALL BE LIMITED TO THE MAXIMUM ALLOWED BY THE LAW.
33.2 EVERY USER STATES AND ADMITS EXPRESSLY THAT THE USE OF THE SERVICE IS MADE UNDER HIS OR HER OWN RESPONSIBILITY AND THAT THE SERVICE IS SUPPLIED “AS IT IS” AND AS A FUNCTION OF ITS “AVAILABILITY”.
33.3 AMONG OTHER THINGS, WIND2SHARE AND THE COMPANY, ITS SUBSIDIARIES AND AFFILIATES, AND ITS SUPPLIERS OF LICENSES DO NOT GUARANTEE THAT:
(A) THE USERS’ USE OF THE SERVICES IS ADJUSTED TO THEIR SPECIFIC NEEDS.
(B) THE SERVICES ARE PROVIDED IN AN UNINTERRUPTED, PRECISE, SECURE OR ERRORLESS MANNER.
(C) THE INFORMATION THAT IS OBTAINED AS A CONSEQUENCE OF THE USE OF THE SERVICES IS ACCURATE AND RELIABLE.
(D) THE OPERATING AND THE OPERABILITY DEFECTS OF ANY SOFTWARE THAT IS PROVIDED AS PART OF THE SERVICES SHALL BE CORRECTED.
33.4 EVERY MATERIAL DOWNLOADED OR OBTAINED BY ANY OTHER MEANS THROUGH THE USE OF THE SERVICES IS THE RISK OF THE USERS, AND THE USERS SHALL BE SOLEY RESPONSIBLE FOR ANY DAMAGE CAUSED IN THEIR INFORMATICS SYSTEM OR IN ANY OTHER DEVICE AS WELL AS FOR THE LOSS OF DATA WHICH MIGHT DERIVE FROM THE DOWNLOADING OF SAID MATERIALS.
33.5 NO TYPE OF NOTIFICATION OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE USERS FROM WIND2SHARE OR FROM THE SERVICES OR BY MEANS OF THE LATTER SHALL GUARANTEES WHAT ARE NOT EXPRESSLY MENTIONED HEREIN.
33.6 WIND2SHARE DISCLAIMS EXPRESSLY ALL GUARANTEES AND CONDITIONS OF ANY KIND, WHETHER EXPLICIT OR IMPLICIT, INCLUDING AMONG OTHERS, THE IMPLICIT GUARANTEES AND CONDITIONS OF MARKETABILITY, FITNESS FOR A SPECIFIC PURPOSE AND NON INFRINGEMENT.
33.7 LIMITATION OF LIABILITY.
33.8 WIND2SHARE AND THE COMPANY, ITS SUBSIDIARIES AND AFFILIATES AND ITS SUPPLIERS OF LICENSES SHALL NOT BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, FORTUITOUS, SPECIAL, DERIVED NOR EXEMPLARY DAMAGE IN WHICH THEY HAVE INCURRED WHATEVER THE CAUSE. THIS INCLUDES, AMONG OTHERS, ANY LOSS OF BENEFITS, WHETHER DIRECT OR INDIRECT, ANY LOSS OF PROFESSIONAL PRESTIGE OR ENTREPRENEURIAL REPUTATION, ANY LOSS OF DATA ON THEIR PART, EXPENSES FOR THE SUPPLY OF SUBSTITUTE PROPERTIES OR SERVICES OR OTHER INTANGIBLE LOSSES, MORAL DAMAGES, ECONOMIC OR MATRIMONIAL DAMAGE.
33.9 WIND2SHARE AND THE COMPANY, ITS SUBSIDIARIES AND AFFILIATES AND ITS SUPPLIERS OF LICENSES SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE THE USERS MAY INCUR, INCLUDING BUT NOT LIMITED TO, LOSSES OR DAMAGES IN CONNECTION WITH THE EXHAUSTIVENESS, PRECISION OR EXISTENCE OF ADVERTISING OR ANY RELATIONSHIP OR TRANSACTION BETWEEN THE USERS AND OTHER ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS IN THE SERVICES.
33.10 WIND2SHARE AND THE COMPANY, ITS SUBSIDIARIES AND AFFILIATES AND ITS SUPPLIERS OF LICENSES SHALL NOT BE RESPONSIBLE TO THE USERS FOR THE CHANGES THAT WIND2SHARE MAY INCORPORATE INTO THE SERVICES OR THE TEMPORARY OR PERMANENT INTERRUPTION OF THE SERVICES OR ANY OF ITS FUNCTIONS; FOR THE ELIMINATION OR DAMAGE OF THE CONTENTS AND OTHER DATA THAT ARE INCORPORATED INTO THE SERVICES, AS WELL AS THE IMPOSSIBILITY OF STORING THEM, FOR THE INACCURACY OF INFORMATION PROVIDED TO WIND2SHARE; FOR THE NEGLIGENCE OF NOT HAVING STORED A USERS PASSWORD OR THE INFORMATION OF THE ACCOUNT IN A SECURE AND CONFIDENTIAL MANNER.
33.11 THE LIMITATIONS OF THE RESPONSIBILITY OF WIND2SHARE AND THE COMPANY TO THE USERS STIPULATED HEREIN SHALL BE APPLIED INDEPENDENTLY OF WHETHER SAID POSSIBILITIES OF LOSSES HAD BEEN NOTIFIED TO WIND2SHARE AND/OR TO THE COMPANY OR IF WIND2SHARE AND/OR THE COMPANY SHOULD HAVE BEEN AWARE OF SAID POSSIBILITY.
Thirty-fourth: POLICIES ON COPYRIGHT AND TRADEMARKS
34.1 WIND2SHARE’s policy consist in answering to the notifications of alleged infringements of copyrights according to the provisions of the international law on intellectual property and of protection of copyright, as well as to cancel the accounts of repeating transgressors.
34.2 Likewise, WIND2SHARE reserves the right to have available a procedure for the infringement of trademarks relative to its advertising business.
35.1 Some of the Services are financed through the revenues obtained from advertising and they may show advertisements and promotions. These types of publicity may be related to the contents of information stored in the Services, to the inquiries made through them or through another type of information.
35.2 The manner, the way and the scope of said WIND2SHARE’s advertising in the Services are subject to changes without previous notice.
35.3 As consideration for the access to and the use of the Services, every user accepts that WIND2SHARE shows said advertising in the Services.
Thirty-sixth: OTHER CONTENTS
36.1 The Services may include hyperlinks to other sites, contents or resources of the Internet. WIND2SHARE does not exercise any control on the web resources and sites provided by third parties to WIND2SHARE.
36.2 Every user acknowledges and accepts that WIND2SHARE is not responsible for the availability of said Web Sites or external resources and that it does not support the advertising, products or other materials provided in the web sites or resources, nor is it responsible for them.
36.3 Every user acknowledges and accepts that WIND2SHARE is not responsible for any of the losses or damages that may be incurred as a consequence of the availability of said Web Sites or external resources or as a consequence of their reliability that the user places in the exhaustiveness, precision or existence of advertising, products or other materials provided in the Web Sites or resources.
Thirty-seventh: CHANGES IN CONDITIONS
37.1 WIND2SHARE may incorporate changes in these terms and conditions, in its internal policies, in its Services and in its activities, and/or in any other additional conditions, as it considers proper. In this case, WIND2SHARE shall include the new version of these terms and conditions, of its internal policies, of its Services and of its activities, and/or of any other additional conditions, and shall provide them in the relevant Services.
37.2 Every user acknowledges and accepts that he or she shall assume, agree and accept the changes that take place, if he or she uses the Services after changes or modifications had been incorporated in these terms and conditions, in the internal policies, in the Services and activities, and/or in any other additional condition of WIND2SHARE.
Thirty-eighth: GENERAL LEGAL CONDITIONS
38.1 Every user agrees and accepts that occasionally, it is possible that, as a consequence of the use of the Services or of actions performed through them, a service is may be used, a program may be downloaded or products may be acquired that are provided by other person or company. Their use shall be subject to other terms established between the person or company in question and the user. In this case, these terms and conditions shall not affect the legal relationship established with these other persons or companies.
38.2 These terms and conditions comprise the complete legal agreement between WIND2SHARE and the users, they govern the use of the Services by the users, without including the services that WIND2SHARE offers by virtue of an independent written agreement and they replace any previous agreement between WIND2SHARE and the users, relative to the Services.
38.3 Every user accepts and agrees that WIND2SHARE may provide notices, included those relevant to changes to the terms and conditions, through the electronic mail, through the mail service or by means of its publication in the Services.
38.4 Every user accepts that, if WIND2SHARE does not exercise any legal right or any redress stipulated in the terms and conditions or of those from which WIND2SHARE may benefit by virtue of any applicable law, it shall not be interpreted as a legal waiver of WIND2SHARE’s right and that WIND2SHARE will continue to have available those legal redresses and rights.
38.5 If a court with jurisdiction to decide on this matter, rules that any of the provisions of these terms and conditions are not valid, said provision shall be deleted from the conditions without affecting the remainder of said Terms and Conditions. The remainder of the conditions shall continue to be valid and in force.
38.6 Every user acknowledges and accepts that each subsidiary company and affiliate of WIND2SHARE comprise third party beneficiaries of these terms and conditions and that they are authorized to directly apply and rely upon the provisions herein contained that grant them the relevant benefits or rights. Except for the above, there shall not be any other person or company beneficiary of these terms and conditions.
37.7 The headings of the articles of these terms and conditions are only for convenience and reference and in no circumstance do they define, limit or affect the meaning, construction or scope of the provisions.
38.8 If any of the provisions hereof or of any other document or contract related to the same should be declared invalid, illegal or impossible to enforce, said ruling shall not affect this provision in any other jurisdiction and neither shall it affect the executive effectiveness, legality and validity of the remainder of the provisions hereof or of any other related document or contract.
38.9 Every user states that he has taken every action necessaryto authorize the execution of these terms and conditions, and agrees to negotiate in good faith in the granting of such other documents or agreements that may be necessary for the implementation hereof, and for the effectiveness of transactions contemplated herein.
38.10 Every user accepts and agrees that any tax or tax obligation present or future generated with the occasion of the Services shall be in charge of that party to whom, according to the law regulations or any other rule, it pertains.
38.11 Every user engages to indemnify and maintain harmless WIND2SHARE and THE COMPANY and its affiliates and each one of its respective executives, directors, employees, agents, advisers and representatives from and against any and all claims, damages and losses, liabilities and expenses (including, without limitation, reasonable attorneys professional fees and expenses) jointly or individually which might be made or awarded to indemnify against any person in each case that arises from or inherent to or relative to any investigation, litigation or proceeding or the preparation of any defense in respect to the same that originates from, or is inherent to, or related to, these terms and conditions and the Services and any other transactions covered hereunder. Every user assumes responsibility and shall indemnify WIND2SHARE and THE COMPANY for damages and losses in case of frauds or sabotage produced by the user or his employees or personnel under his charge.
38.12 Every user accepts and agrees that WIND2SHARE and THE COMPANY may assign at any time these terms and conditions (its rights and obligations) without notifying the user and without the previous consent of the same.
38.13 Every user accepts and agrees to neither directly nor indirectly compete with WIND2SHARE or with THE COMPANY in the Services offered by them. This obligation of no-competition begins with the acceptance of these terms and conditions and shall remain enforced for the term of five (5) years following the date that the relationship between the user and WIND2SHARE and/or THE COMPANY has ended.
38.14 Every user accepts and agrees that he or she may not use the information contained in WIND2SHARE with commercial purposes different from those established herein, so that the use or modification of the contents for purposes different than those specified herein are completely prohibited. In case that any user wishes to use WIND2SHARE with business purposes relying on the network to promote products, services or punctual business opportunities, they must subscribe the pertinent agreements with THE COMPANY and accept these terms and conditions and other WIND2SHARE’s corporate policies as pertinent.
38.15 The Services conditions and the relationships originated between WIND2SHARE, THE COMPANY and the users shall be governed by the laws of the Republic of Panama, without taking into account their rules in respect to conflict of laws. WIND2SHARE and THE COMPANY and the users agree to submit to the exclusive jurisdiction of the courts of the Republic of Panama to resolve any legal matter derived from these terms and conditions. Without prejudice to what is stipulated herein, every user accepts and agrees that WIND2SHARE and THE COMPANY may claim for a provisional redress or an urgent type of legal redress that is equivalent in any of the jurisdictions at its free election, choice and reservation.