These are the Terms and Conditions ("Terms") of Wintor B.V. ("Wintor," "we," "us" or "our"), a
company having its address at Keizersgracht 520H, 1017EK, Amsterdam. By accessing or using
(mobile) applications, websites or any other Wintor service (together, the "Service") made
available by Wintor, however accessed, you agree to be bound by these Terms. The Service is
owned or controlled by Wintor. These Terms affect your legal rights and obligations. If you do
not agree to be bound by all of these Terms, do not access or use the Service.
Registration and account security
- You must be at least 13 years old to use the Service.
- You are responsible for any activity that occurs through your account and you agree you will
not sell, transfer, license or assign your account, username, or any account rights. With the
exception of people or businesses that are expressly authorized to create accounts on behalf
of their employees or clients, Wintor prohibits the creation of and you agree that you will
not create an account for anyone other than yourself.
- You represent that all information you provide or provided to Wintor upon registration and at
all other times will be true, accurate, current and complete and you agree to update your
information as necessary to maintain its truth and accuracy.
- You agree that you will not solicit, collect or use the login credentials of other Wintor
- You must not attempt to restrict another user from using or enjoying the Service and you must
not encourage or facilitate violations of these Terms or any other Wintor terms.
- You are responsible for keeping your password secret and secure.
- You must not create accounts with the Service through unauthorized means, including but not
limited to, by using an automated device, script, bot, spider, crawler or scraper.
- You are solely responsible for your conduct and any data, text, files, information, usernames,
images, graphics, photos, profiles, works of authorship, applications, links and other content
or materials (collectively, "Content") that you submit, post or display on or via the Service.
- Violation of these Terms may, in sole discretion of Wintor, result in termination of your
Wintor account. You understand and agree that Wintor cannot and will not be responsible for
the Content posted on the Service and you use the Service at your own risk. If you violate the
letter or spirit of these Terms, or otherwise create risk or possible legal exposure for
Wintor, we can stop providing all or part of the Service to you.
- You must not create or submit unwanted email, comments or other forms of commercial or
harassing communications (spam) to any Wintor users.
- You must not defame, stalk, bully, abuse, harass, threaten, impersonate, discriminate or
intimidate people or entities and you must not post private or confidential information via
- You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful,
pornographic or sexually suggestive content via the Service.
- You may not use the Service for any illegal or unauthorized purpose. You agree to comply with
all laws, rules and regulations (for example state, local and provincial) applicable to your
use of the Service, including but not limited to, copyright laws.
- You must not interfere or disrupt the Service or servers or networks connected to the Service,
including by transmitting any worms, viruses, spyware, malware or any other code of a
destructive or disruptive nature. You may not inject content or code or otherwise alter or
interfere with the way any Wintor page is rendered or displayed in a user's browser or device.
- You must not change, modify, adapt or alter the Service or change, modify or alter another
website so as to falsely imply that it is associated with the Service or Wintor.
- We reserve the right to modify or terminate the Service or your access to the Service for any
reason, without notice, at any time, and without liability to you. If we terminate your access
to the Service or if you deactivate your account and all other data will no longer be
accessible through your account (e.g., users will not be able to navigate to your username and
view your photos), but those materials and data may persist and appear within the Service.
- We reserve the right to force forfeiture of any username for any reason.
- Upon termination, all rights granted to you in these Terms will immediately cease.
- We reserve the right to refuse access to the Service to anyone for any reason at any time.
- We may, but have no obligation to, remove, edit, block, and/or monitor Content or accounts
containing Content that we determine in our sole discretion violates these Terms. Wintor
reserves the right to remove any Content from the Service for any reason, without prior
notice. Content removed from the Service may continue to be stored by Wintor, including,
without limitation, in order to comply with certain legal obligations, but may not be
retrievable without a valid court order. Consequently, Wintor encourages you to maintain your
own backup of your Content. Wintor is not a backup service and you agree that you will not
rely on the Service for the purposes of Content backup or storage. Wintor will not be liable
to you for any modification, suspension, or discontinuation of the Services, or the loss of
any Content. You also acknowledge that the Internet may be subject to breaches of security and
that the submission of Content or other information may not be secure.
- You agree that Wintor is not responsible for, and does not endorse, Content posted within the
Service. Wintor does not have any obligation to prescreen, monitor, edit, or remove any
Content. If your Content violates these Terms, you may bear legal responsibility for that
and Wintor, any Content will be non-confidential and non-proprietary and we will not be liable
for any use or disclosure of Content. You acknowledge and agree that your relationship with
Wintor is not a confidential, fiduciary, or other type of special relationship, and that your
decision to submit any Content does not place Wintor in a position that is any different from
the position held by members of the general public, including with regard to your Content.
None of your Content will be subject to any obligation of confidence on the part of Wintor,
and Wintor will not be liable for any use or disclosure of any Content you provide.
- You agree that you are responsible for all data charges you incur through use of the Service.
- We prohibit crawling, scraping, caching or otherwise accessing any content on the Service via
automated means (except as may be the result of standard search engine protocols or
technologies used by a search engine with the express consent of Wintor).
Intellectual Property Rights
- Wintor hereby grants to you a non-transferable license to use the Service. You may not
distribute or make the Service available over a network where it could be used by multiple
devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the
Service. You may not copy (except as expressly permitted by this license), decompile, reverse
engineer, disassemble, attempt to derive the source code of, modify, or create derivative
works of the Service, any updates, or any part thereof (except as and only to the extent any
foregoing restriction is prohibited by applicable law or to the extent as may be permitted by
the licensing terms governing use of any open sourced components included with the Service).
Any attempt to do so is a violation of the rights of the Wintor. If you breach this
restriction, you may be subject to prosecution and damages. The Terms will govern any upgrades
provided by Wintor that replace and/or supplement the original Service, unless such upgrade is
accompanied by updated terms in which case these terms will govern.
- Wintor does not claim ownership of any Content that you post on or through the Service.
- You represent and warrant that: (i) you own the Content posted by you on or through the
Service or otherwise have the right to grant the rights and licenses set forth in these Terms;
(ii) the posting and use of your Content on or through the Service does not violate,
misappropriate or infringe on the rights of any third party, including, without limitation,
privacy rights, publicity rights, copyrights, trademark and/or other intellectual property
rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of
Content you post on or through the Service; and (iv) you have the legal right and capacity to
enter into these Terms in your jurisdiction.
- The Service contains content owned or licensed by Wintor ("Wintor Content"). Wintor Content is
protected by copyright, trademark, patent, trade secret and other laws, and, as between you
and Wintor, Wintor owns and retains all rights in the Wintor Content and the Service. You will
not remove, alter or conceal any copyright, trademark or other proprietary rights notices
incorporated in or accompanying the Wintor Content and you will not reproduce, modify, adapt,
prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast,
sell, license or otherwise exploit the Wintor Content.
- The Wintor name and logo are trademarks of Wintor, and may not be copied, imitated or used, in
whole or in part, without the prior written permission of Wintor. In addition, all page
headers, custom graphics, button icons and scripts are proprietary rights of Wintor, and may
not be copied, imitated or used, in whole or in part, without prior written permission from
- There may be links from the Service, or from communications you receive from the Service, to
third-party (mobile) applications, websites or features. The Service may also include
third-party content that we do not control, maintain or endorse. Wintor does not control any
of these third-party web services or any of their content. You expressly acknowledge and agree
that Wintor is in no way responsible or liable for any such third-party services or features.
We strongly advise you to read the terms and conditions and privacy policies of any
third-party web sites or services that you visit.
- You may choose, at your sole and absolute discretion and risk, to use applications that
connect the Service or your profile on the Service with a third-party service (each, an
"Application") and such Application may interact with, connect to or gather and/or pull
information from and to your Service profile. By using such Applications, you acknowledge and
agree to the following: (i) if you use an Application to share information, you are consenting
to information about your profile on the Service being shared; (ii) your use of an Application
may cause personally identifying information to be publicly disclosed and/or associated with
you, even if Wintor has not itself provided such information; and (iii) your use of an
Application is at your own option and risk, and you will hold the Wintor Parties (as defined
below) harmless for activity related to the Application.
- The Service, including, without limitation, Wintor Content, is provided on an "as is", "as
available" and "with all faults" basis. To the fullest extent permissible by law, neither
Wintor nor any of its directors, employees, managers, officers, partners, affiliates or agents
(collectively, the "Wintor Parties") make any representations or warranties or endorsements of
any kind whatsoever, express or implied, as to: (a) the Service; (b) the Wintor Content; (c)
user content; or (d) security associated with the transmission of information to Wintor or via
the Service. In addition, the Wintor Parties hereby disclaim all warranties, express or
implied, including, but not limited to, the warranties of merchantability, fitness for a
particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system
integration and freedom from computer virus.
- The Wintor Parties do not represent or warrant that the Service will be error-free or
uninterrupted; that defects will be corrected; or that the Service or the server that makes
the Service available is free from any harmful components, including, without limitation,
viruses. The Wintor Parties do not make any representations or warranties that the information
(including any instructions) on the Service is accurate, complete, or useful.
- Although it is the intention of Wintor for the Service to be available as much as possible,
there will be occasions when the Service may be interrupted, including, without limitation,
for scheduled maintenance or upgrades, for emergency repairs, or due to failure of
telecommunications links and/or equipment.
- You acknowledge that your use of the Service is at your sole risk. The Wintor Parties do not
warrant that your use of the Service is lawful in any particular jurisdiction, and the
WintorParties specifically disclaim such warranties. Some jurisdictions limit or do not allow
the disclaimer of implied or other warranties so the above disclaimer may not apply to you to
the extent such jurisdiction's law is applicable to you and these Terms.
- By accessing or using the Service you represent and warrant that your activities are lawful in
every jurisdiction where you access or use the Service.
- The Wintor Parties do not endorse Content and specifically disclaim any responsibility or
liability to any person or entity for any loss, damage (whether actual, consequential,
punitive or otherwise), injury, claim, liability or other cause of any kind or character based
upon or resulting from any content.
Limitation of Liability
- To the extent not prohibited by law, in no event shall the Wintor Parties be liable to you for
any loss or damages of any kind (including, without limitation, for any direct, indirect,
economic, exemplary, special, punitive, incidental or consequential losses or damages) that
are directly or indirectly related to:
In no event will the Wintor Parties be liable to you or anyone else for loss, damage or
injury, including, without limitation, death or personal injury. Some jurisdictions do not
allow the limitation of liability for personal injury, or of incidental or consequential
damages, so this limitation may not apply to you. In no event will the Wintor Parties total
liability to you for all damages, losses or causes or action exceed the amount of € 1x the
annual Licence fee. The foregoing limitations will apply even if the above stated remedy fails
of its essential purpose.
- the Service;
- the Wintor Content;
- user content;
- your use of, inability to use, or the performance of the Service;
- any action taken in connection with an investigation by the Wintor Parties or law
enforcement authorities regarding your or any other party's use of the Service;
- any action taken in connection with copyright or other intellectual property owners;
- any errors or omissions in the service's operation; or
- any damage to any user's computer, mobile device, or other equipment or technology
including, without limitation, damage from any security breach or from any virus, bugs,
tampering, fraud, error, omission, interruption, defect, delay in operation or
transmission, computer line or network failure or any other technical or other
malfunction, including, without limitation, damages for lost profits, loss of goodwill,
loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even
if foreseeable or even if the Wintor Parties have been advised of or should have known of
the possibility of such damages, whether in an action of contract, negligence, strict
liability or tort (including, without limitation, whether caused in whole or in part by
negligence, acts of god, telecommunications failure, or theft or destruction of the
- You agree that in the event you incur any damages, losses or injuries that arise out of acts
of Wintor or omissions, the damages, if any, caused to you are not irreparable or sufficient
to entitle you to an injunction preventing any exploitation of any website, service, property,
product or other content owned or controlled by the Wintor Parties, and you will have no
rights to enjoin or restrain the development, production, distribution, advertising,
exhibition or exploitation of any website, property, product, service, or other content owned
or controlled by the Wintor Parties.
- Wintor is not responsible for the actions, content, information, or data of third parties, and
you release us, our directors, officers, employees, and agents from any claims and damages,
known and unknown, arising out of or in any way connected with any claim you have against any
such third parties.
- You agree that any claim you may have arising out of or related to your relationship with
Wintor must be filed within one year after such claim arose; otherwise, your claim is
You agree to defend (at the request of Wintor), indemnify and hold the Wintor Parties harmless from
and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable
attorney's fees and costs, arising out of or in any way connected with any of the following (including
as a result of your direct activities on the Service or those conducted on your behalf):
- your Content or your access to or use of the Service;
- your breach or alleged breach of these Terms;
- your violation of any third-party right, including without limitation, any intellectual
property right, publicity, confidentiality, property or privacy right;
- your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any
governmental and quasi-governmental authorities, including, without limitation, all
regulatory, administrative and legislative authorities; or
- any misrepresentation made by you.
You will cooperate as fully required by Wintor in the defense of any claim. Wintor reserves the right
to assume the exclusive defense and control of any matter subject to indemnification by you, and you
will not in any event settle any claim without the prior written consent of Wintor.
If, at any time, any provision of these Terms is or becomes illegal, invalid or unenforceable in any
respect under any law of any jurisdiction, neither the legality, validity or enforceability of the
remaining provisions nor the legality, validity or enforceability of such provision under the law of
any other jurisdiction will in any way be affected or impaired.
Failure of Wintor to insist upon or enforce strict performance of any provision of these Terms will
not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed
a further or continuing waiver of such term or condition or any other term or condition.
- The information provided within the Service is not intended for distribution to or use by any
person or entity in any jurisdiction or country where such distribution or use would be
contrary to law or regulation or which would subject Wintor to any registration requirement
within such jurisdiction or country. We reserve the right to limit the availability of the
Service or any portion of the Service, to any person, geographic area, or jurisdiction, at any
time and in our sole discretion, and to limit the quantities of any content, program, product,
service or other feature that Wintor provides.
- No software from the Service may be downloaded, exported or re-exported: (a) into any European
Union and/or U.S. embargoed countries or (b) to anyone on a sanction list maintained by the
European Union and/or the U.S. Treasury Department's list of Specially Designated Nationals or
the U.S. Department of Commerce Denied Person’s List or Entity List. By downloading any
software related to the Service, you represent and warrant that you are not located in, under
the control of, or a national or resident of, any such country or on any such list.
- We reserve the right, in our sole discretion, to change these Terms ("Updated Terms") from
time to time.
- Unless we make a change for legal or administrative reasons, we will provide reasonable
advance notice before the Updated Terms become effective. You agree that we may notify you of
the Updated Terms by posting them on the Service, and that your use of the Service after the
effective date of the Updated Terms (or engaging in such other conduct as we may reasonably
specify) constitutes your agreement to the Updated Terms. Therefore, you should review these
Terms and any Updated Terms before using the Service.
- The Updated Terms will be effective as of the time of posting, or such later date as may be
specified in the Updated Terms, and will apply to your use of the Service from that point
forward. These Terms will govern any disputes arising before the effective date of the Updated
Governing law and jurisdiction
- These Terms, and any non-contractual obligations arising out of or in connection with it, are
governed by and construed in accordance with the laws of the Netherlands.
- All disputes between you and Wintor (whether or not such dispute involves a third party) with
regard to your relationship with Wintor, shall be submitted exclusively to the competent court
of law in Amsterdam, the Netherlands, without prejudice to the right of Wintor as plaintiff to
initiate proceedings before any other court having jurisdiction. The application of the United
Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
How to contact us
If you have any questions about these Terms of the Service, please send an email to email@example.com.