We take the intellectual property rights of others seriously and it is our obligation to help resolve any form of infringement that may occur on our website.
If you believe any content posted on our website infringes your copyright or your trademark, please let us know by sending us an infringement notice as described below.
If you own a copyright or have authority to act on behalf of a copyright owner and want to report a claim that a third party is infringing that material on or through Winoids website or service, please send a Digital Millennium Copyright Act (DMCA) notice to us that includes all of the items below and we will take appropriate action:
A description or image of the copyrighted work that you claim is being infringed;
A description of the material you claim is infringing and that you want removed, and details of the location on Winoids website or service where you claim is infringing may be found so that we can verify its existence (including URL, where available);
Your address, telephone number, and email address;
The following statement: “I have a good faith belief that the use of the copyrighted material described in this notice is not authorized by the copyright owner, its agent, or the law (such as fair use, fair dealing, or other exceptions)”;
The following statement: “Under penalty of perjury, I certify that: (i) the information in this notice is accurate; and (ii) I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right that is allegedly infringed”; and
An electronic or physical signature of the owner of the copyright or a person authorized to act on the owner’s behalf.
Our designated copyright agent to receive such claims can be reached as follows:
By mail: 123 East 9th Street, Ste # 323 Upland, CA 91786
By phone: ______________ (to be updated)
By email: email@example.com
NOTE: You could be liable for costs and attorneys’ fees if you file a DMCA Notice when there is no infringement. We recommend you seek a legal counsel before filing DMCA Notice. When you submit a DMCA Notice, we always provide a copy of your notice to the customer or user who uploaded the content you say is infringing.
Your access to the Sites or use of the Services implies your acceptance of these Terms of Service. By clicking on the “I AGREE” or “I CONSENT” button or other indicator of your electronic acceptance of these Terms of Service, you agree to conduct each transaction by electronic means and Winoids and you hereby state that electronic signatures shall have the same force and effect as original or hand-written signatures with respect to these Terms of Service and all electronic records or transactions entered into between you and Winoids with respect to the Sites and Services offered to you by Winoids . You hereby affirm your intent to conduct transactions using electronic signatures and records. You may revoke approval of this electronic signature process at any time with prior written notice to Winoids ; however this will result in Winoids suspension or termination of all transactions and/or access or use of the Sites or Services absent your acknowledgment of agreement or consent by other valid legal means.
While Winoids may send written notice of any such changes, it is your responsibility to keep up-to-date with and adhere to the posted Terms of Service.
Your continued access to the Site or use of the Services following any such change constitutes your acknowledgement of such change and your agreement to follow and be bound by the modified terms and conditions, if any.
Communication Preference. By using the Winoids service, you consent to receiving electronic communications from Winoids relating to your account. These communications may involve sending emails to your email address provided during registration, or posting communications on the Winoids service, or in the “Your Account” page and will include notices about your account (e.g., payment authorizations, change in password or payment method, confirmation e-mails and other transactional information) and are part of your relationship with Winoids .
If the applicable customer or user of Winoids believes that the material that was removed or to which access was disabled is either not infringing, or they/he/she believes that they/he/she has the right to post and use such material from the copyright owner, the copyright owner’s agent, or pursuant to the law, the user must send a DMCA counter-notice and include the following information:
Identification of the material that has been removed or to which access to have been disabled and the location at which the material appeared before it was removed or disabled;
A statement under penalty of perjury that the user or other Customer-authorized representative has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material;
The user’s or other Customer authorized representative’s name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which such person’s address is located, or if such address is located outside the United States, for any judicial district in which allegedly infringing material is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement; and
The user’s or other Customer authorized representative’s physical or electronic signature;
NOTE: You could be liable for costs and attorneys’ fees if you file a DMCA Counter Notice when your use is infringing. Please contact an attorney if you are unsure. If a counter-notice is received by our designated copyright agent, we may send a copy of the counter-notice to the original complaining party informing that person that we or our user may replace the removed material or cease disabling. Unless the copyright owner files an action seeking a court order against the applicable user, the removed material may be replaced or access to it restored at our or our user’s discretion.
If you are a trademark owner, or agent of the owner, and believe that content available by means of one or more of our websites or services infringes one or more of your trademarks, please send us a notice containing the information requested for a DMCA Notice, as described above. We will handle these notices similarly to the process described for copyright violations and may disclose the notice to the customer or user who uploaded the content you say is infringing.