LICENSE TO USE WINTERINA.COM
This Site, including all of its contents, such as text, images, and the HTML used to generate the pages, is our property or that of our suppliers or licensors and is protected by patent, trademark and/or copyright under United States and/or foreign laws. Winterina grants you a non-exclusive, non-transferable, limited right to access, use and display winterina.com, and the materials thereon for your personal use only, provided that you comply fully with these Terms. You will not interfere or attempt to interfere with the operation of winterina.com in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs or any other means expressly prohibited by any provision of these Terms.
You understand and agree that you may not reproduce, copy, resell, manipulate or exploit any part of winterina.com for any commercial purpose, nor may you frame or mirror any part of winterina.com without winterina’s prior written authorization. Further, you may not create derivative works from, republish, upload, edit, post, transmit or distribute in any way whatsoever any materials from winterina.com without the prior written permission of winterina.
In turn you grant winterina and its affiliates an unrestricted, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, reproduce, adapt, translate and distribute any content your provide us or post on this Site for any purpose, commercial, advertising, or otherwise, throughout the world in any media.
Winterina reserves the right, at its sole discretion, to change, modify, add or remove any portion of winterina.com or these Terms, in whole or in part, at any time. Changes to these Terms will be effective when posted. You agree to review these Terms periodically to be aware of any changes. Your continued use of winterina.com after any changes to these Terms are posted will be considered acceptance of those changes.
TRADEMARKS, COPYRIGHTS & RESTRICTIONS
The Winterina logos, Wish, Aphrodite, winterina.com and associated designs, text, graphics and code are the intellectual property of winterina, inc. and affiliates. Other trademarks, service marks, logos, images or domain names used on winterina.com (including, without limitation, the individual names of movies, television programs or other entertainment shows and domain names), where not the property of winterina, inc. are the trademarks, service marks, logos and/or domain names of their respective owners (“Third Party Marks”). You agree that you will not challenge the respective ownership rights of winterina, inc. or any third party in or to their respective Marks, and that you will not register or attempt to register any trademark, service mark, logo and/or domain name that is identical or confusingly similar to any of Winterina Marks or Third Party Marks.
Winterina is not necessarily affiliated with sites which may be linked to or from winterina.com or the multimedia piece (the “Linked Sites”) and is not responsible for their content. Links from winterina.com to the Linked Sites are for your convenience only and you access them at your own risk.
Permission must be granted by us for any type of link to the Site. To seek our permission, you may write to us at the address below. We reserve the right, however, to deny any request or rescind any permission granted by us to link through such other type of link, and to require termination of any such link to the Site, at our discretion at any time.
NON-UNITED STATES RESIDENTS
Winterina makes no representation that winterina.com, including merchandise offered for sale and their copyrights, trademarks, patents and licensing arrangements, are appropriate or available for use in locations other than the United States of America. Those who choose to access winterina.com from locations outside of the U.S. do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. With respect to shipments of merchandise to consumers, wherever they may reside, title to the merchandise and risk of loss shall pass to the buyer upon delivery of the merchandise to the common carrier.
RULES AND LIMITS ON USE OF THE SITE
We reserve the right, for any reason, in our sole discretion and without notice to you, to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, information, data, text, music, sound, photographs, graphics, video, messages or other materials, features and/or hours of availability, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion.
SPECIFIC PROHIBITED USES
The Site may be used only for lawful purposes by individuals using authorized services of winterina. You are responsible for your own communications, including the upload, transmission and posting of information, and are responsible for the consequences of their posting on or through the Site. Winterina specifically prohibits any use of the Site, and requires all users to agree not to use the Site, for any of the following:
1. Posting any information which is incomplete, false, inaccurate or not your own;
2. Impersonating another person;
3. Constituting or encouraging conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation or which fails to comply with accepted Internet protocol;
4. Posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it;
5. Posting material that reveals trade secrets, unless you own them or have the permission of the owner;
6. Posting material that infringes on any other intellectual property, privacy or publicity right of another;
7. Transmitting or transferring (by any means) information or software derived from the site to foreign countries or certain foreign nations in violation of US export control laws;
8. Attempting to interfere in any way with the Site’s or winterina’s networks or network security, or attempting to use the Site’s service to gain unauthorized access to any other computer system.
Violations of system or network security may result in civil or criminal liability. Winterina will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following:
a. Accessing data not intended for such user or logging into a server or account which user is not authorized to access;
b. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
c. Attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “mailbombing” or “crashing”; or sending unsolicited e-mail, including promotions and/or advertising of products or services, or
d. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
USER GENERATED CONTENT.
You may post or upload content you have created, including without limitation, photographs, your social media handle, videos, and comments (collectively, “User Submissions”) to your social media accounts. By posting and uploading User Submissions that you have tagged with #winterina or other hashtags that winterina uses, you grant to winterina, inc., its third-party service providers who provide content management services, and its retail partners, if any, (collectively, the “Licensed Parties”) the perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable right to use your winterina-tagged User Submissions in any manner to be determined in the Licensed Parties’ sole discretion, including but not limited to on their webpages, social media pages operated by winterina, and in other marketing, promotional and advertising initiatives, in any media now or hereafter known. The Licensed Parties may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your User Submissions in any manner in their sole discretion, with no obligation to you whatsoever. You grant the Licensed Parties the right to use your username, real name, image, likeness, caption, location or other identifying information in connection with any use of your User Submissions. You hereby represent and warrant that (i) you own all rights in and to your User Submissions, (ii) you have permission from all person(s) appearing in your User Submissions to grant the rights granted herein; (iii) you are not a minor, and (iv) the Licensed Parties’ use of your User Submissions as described herein will not violate the rights of any third party or any law. You hereby release, discharge and agree to hold winterina, the Licensed Parties, and any person acting on winterina’s or their behalf harmless from any liability related in any way to the Licensed Parties’ use of your User Submissions.
DISCLAIMER OF WARRANTY
(A) USERS EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT THEIR SOLE RISK. NEITHER WINTERINA, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSEES, IF ANY, WARRANT (1) THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, (2) THAT ANY ERRORS WILL BE CORRECTED, (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SERVICE. (4) THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE OR THE SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR (5) THAT THE SITE, SOFTWARE OR SERVER DO NOT VIOLATE ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON,
(B) WINTERINA.COM, THE SOFTWARE AND OUR SERVICE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
(C) The disclaimers of liability contained in this section apply to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of or use of record, whether for breach of contract, tortious behavior, negligence or under any other cause of action.
(D) In no event will winterina or any person or entity involved in creating, producing or distributing the service be liable for any direct, indirect, incidental, special or consequential damages arising out of the use of or inability to use the service or out of the breach of any warranty.
(E) winterina neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement on the online service.
(F) winterina does not endorse, warrant or guarantee any product or service offered by a third party through the service and will not be a party to or in any way monitor any transaction between any user and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, each user should use his or her best judgment and exercise caution where appropriate.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WINTERINA BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE SOFTWARE, EVEN IF WINTERINA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL WINTERINA’s TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING Winterina.com.
You agree to indemnify, defend and hold us, our officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) or other expenses that arise directly or indirectly out of or from your breach of this agreement and/or your activities in connection with the site.
RULES FOR SWEEPSTAKES, CONTESTS & GAMES
Any sweepstakes, contests or games accessible through winterina.com are governed by specific rules. By entering such sweepstakes or contests or by participating in such games, you will become subject to those rules. We urge you to read the applicable rules, which are linked from the particular activity, which discusses and governs (in addition to this Agreement and any specific rules associated with a particular promotion) any information you submit to winterina.com, including any information submitted in connection with such sweepstakes, contests and games. Winterina.com and the multimedia pieces are not intended for use by children under 15 years of age.
Due to the overall high demand for merchandise and availability issues, we do not allow for price adjustments.
winterina.com honors each state’s guidelines concerning sales and use tax, determined by the destination address of your shipment. Except as otherwise noted below, we are required by law to charge tax where applicable. Orders that will be delivered to Alabama, Arizona, California, Colorado, Connecticut, Florida, Georgia, Hawaii, Illinois, Indiana, Kansas, Kentucky, Louisiana, Massachusetts, Maryland, Michigan, Missouri, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Rhode Island, Ohio, Pennsylvania, Puerto Rico, South Carolina, Tennessee, Texas, Utah, Virginia, Washington and Wisconsin may be subject to such tax depending on their individual requirements.
There is no tax for orders delivered to addresses in Alaska, Arkansas, Delaware, Idaho, Iowa, Maine, Mississippi, Montana, Nebraska, New Hampshire, North Dakota, Oklahoma, Oregon, South Dakota, Vermont, West Virginia and Wyoming. Please note that order totals at checkout reflect estimated tax. The actual charge to your credit card will reflect all applicable state, local and county taxes and will be calculated once your order is shipped.
CANADA TAXES & DUTY
Canada taxes and duty are calculated separately from shipping costs. If you are placing a Canadian order, your tax amount will include national taxes and provincial taxes determined by your location. Duty is tax imposed on imports by the Canadian Customs Authority. Duty rates vary based on the type of products you are importing and the country they came from or were made in. For your convenience, we calculate and collect duty from you in the checkout process and pay it to the Canadian Customs Authority on your behalf.
Your complete order total, including taxes and duty, will be displayed in U.S. dollars at checkout. You will be able to view and approve these charges before completing your order. Should you need to return an item, you will be refunded the tax and duty amount that you paid.
RATINGS & REVIEWS
The goal of ratings and reviews on winterina.com is to help other clients make more informed buying decisions, based on your opinions and experiences. As a valued client, YOU are in the best position to provide a first-hand review our products. We appreciate your time in sharing your thoughts and opinions.
Reviews are limited to 1,000 characters and require a rating selection to submit.
Your review must be based on your experience of owning the product. Please explain what you like or dislike about the product and why. Only review products you currently own or have owned recently.
Your review should be focused on the product: features, characteristics and performance vs. any purchase or delivery experiences.
Focus on information you think would be helpful for others in their purchasing decisions.
Please ensure you comply completely with all the guidelines. Winterina will not edit words or phrases, so any review containing any unacceptable content will not be approved for posting.
To write a review you must:
- Register to write a review
- Create a username upon submitting your first review (one time only)
- Be at least 18 years of age or older
We cannot publish reviews that contain:
- Spiteful, racist, sexually explicit or sexually gratuitous comments
- Comments about other reviewers
- Content that may infringe upon the material, trademarks or intellectual property of others
- Content that might be considered to be harassment, abuse or threats against the personal safety or property of others
- Remarks that repeat criminal accusations
- Comments that make false statements, defame or impersonate others
- Time-sensitive material
- Spamming or advertising
- Third-party brand names or trademarks
- Personal information about anyone (including yourself) such as phone numbers, postal addresses or credit card numbers
- HTML code, computer script or website URLs
- Availability, price or alternative ordering or delivery information
- Information on winterina’s suppliers or manufacturers
- Comments on winterina’s service. If you have comments on this, please Contact Us.
Please also note that suppliers, manufacturers and employees are not eligible to submit a review.
If a review is submitted that contains any of the above, winterina reserves the right to:
- Not publish the review
- Take any appropriate action if deemed necessary
All reviews submitted become the property of winterina. Your personal details will not be used or passed on to any third parties.
Commitment to Helping Combat Human Trafficking, Child or Involuntary Labor and Worker Abuse
While winterina does not own any of its own manufacturing facilities, winterina believes it is very important to continually try to assess, understand and, where needed and appropriate, positively affect the working conditions which exist for those people who work on winterina product. Part of our efforts in this regard are designed to help ensure that contract factories which work on winterina product are compliant with local labor laws and that we are doing our part to combat child labor, slavery and human trafficking. Such efforts include, but are not limited to, the following:
- Conducting routine audits of contract factories through the use of a hired and experienced outside third party — these audits focus on employee working conditions, specifically (among other concerns): working environment, human rights, worker age documentation, wage issues, working hours, safety and discrimination;
- Winterina is a participating member of the United States government’s Customs-Trade Partnership Against Terrorism (C-TPAT) program, which is designed to certify and validate members’ physical supply chain safety and documented processes;
- Implementing a procedure for the inbound transportation and receipt of international shipments that is in accordance with the United States government’s Customs-Trade Partnership Against Terrorism (C-TPAT) program, which consists of routine tracking and inspection for contraband and human trafficking;
- In addition to our trucking companies using great diligence and reporting during their cargo inspection, we also train our own distribution team members on imported cargo inspection, which we also perform periodically during the year simultaneous to, and in conjunction with, the trucking companies’ inspection;
winterina vendor suppliers are asked to sign our purchase agreement (which includes acknowledgment of winterina’s Vendor Business Ethics Policy and winterina’s Vendor Manual), which (among other requirements) requires their compliance with all local labor laws, forbids the use of child and involuntary labor of any kind, forbids the use of physical or mental abuse, requires they are subject to our routine social compliance audits and requires that their contracting facilities are also similarly bound to the above requirements; and winterina FOB suppliers are required to complete a detailed Security Questionnaire and are provided with a Best Practices Manual (both relating to cargo security) during their vendor on-boarding process.
If any social compliance audits required of our vendors’ contract factories report a failure or a need for corrective action, winterina and its vendor follow up with the offending supplier to ensure that the problem has been remedied. If any such failure is not remedied, winterina will not work with the offending factory/supplier until remedied. Both winterina and its auditing contractor maintain updated records, and for a certain period of time, in order to help ensure the integrity of this process.
winterina also encourages its employees and management who have direct responsibility for supply chain management to obtain training on how to mitigate risk associated with human trafficking and slavery. Such training includes attending supply chain seminars and webinars offered by independent companies.
CONFLICT MINERALS POLICY
winterina is working to ensure compliance with Section 1502 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (the “Act”). The purpose the Act is to address and eliminate the violent conflict in the Democratic Republic of the Congo and its neighboring adjoining countries (the “Covered Countries”) where armed groups are using local mining proceeds to fund regional conflict and engage in human rights abuses. The Act currently defines Conflict Minerals as: columbite-tantalite (tantalum), cassiterite (tin), wolframite (tungsten), and gold (“Conflict Minerals”). This list may expand to include other minerals or their derivatives, as determined by the U.S. Secretary of State.
Winterina expects the vendors who are part of our supply chain to comply with our due diligence program by providing complete and timely responses to surveys and other inquiries. winterina encourages those involved in our supply chain to adopt similar policies and systems to help eliminate illegal mineral trade, regional conflict in the Covered Countries, and human rights abuses. winterina is committed to sourcing our materials from companies who share our values of social responsibility and is working diligently to ensure full compliance with the Act.
As recommended by the OECD Due Diligence Guidance, winterina has established a grievance mechanism in the event any conflict mineral issues arise.
From time to time there may be information on winterina.com that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you.
These Terms shall be governed by and construed in accordance with the laws of the State of New York and the United States of America, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state and federal courts of San Mateo County, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. In no event shall you be entitled to injunctive or other equitable relief. If any provision of these terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
MEMBER SIGN IN
If you decide to create an account on winterina.com, you agree to (1) provide accurate, current and complete information about yourself as prompted by the appropriate registration form, (2) maintain and update your information to keep it accurate, current and complete and (3) comply with these Terms. You may review, correct, change or update your membership information by visiting the My Account section of winterina.com. You acknowledge that if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right, at our sole discretion, to suspend or terminate your membership. As part of the membership sign-in process, you will be asked to select a member name and password. You may not choose a member name that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive or may cause confusion. We reserve the right to reject any member name in our sole discretion. You agree not to transfer or resell your use of or access to winterina.com or permit anyone else whose account or membership was suspended or terminated to use winterina.com through your account, member name or password. If you have reason to believe that your password is no longer secure, you must promptly change your password by updating your member information and immediately notify us by email. You are solely responsible for maintaining the confidentiality of your member name and password for any and all activities (including purchases) that are conducted through your account.
COPYRIGHT POLICY AND COMPLAINTS
winterina respects the intellectual property of others. If you believe that your work has been copied in any manner that constitutes copyright infringement or infringes on other intellectual property rights, please provide winterina’s copyright agent the written information specified below:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description where the material that you claim is infringing is located on the site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Winterina.com is controlled by winterina from its offices within the State of New York, United States of America. winterina makes no representation that materials on winterina.com are appropriate or available for use in other locations.
You agree that the laws of the state of New York excluding its conflicts-of-law rules, shall govern these Terms. Please note that your use of the Site may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for resolving any claim or dispute with winterina or relating in any way to your use of the Site resides in the state and federal courts of New York County, New York, and you further agree and expressly consent to the exercise of personal jurisdiction in the state and federal courts of New York County, New York.
You understand and agree that winterina may, in its sole discretion and at any time, terminate your password or account and immediately deactivate and/or delete any or all information about and concerning your account, including your registration information. You understand and agree that winterina may take any one or more of these actions without prior notice to you. You understand and agree that winterina shall not have any liability to you or any other person for any termination of your access to your account and/or the removal of information concerning your account.
winterina, in its discretion, may provide you with notice(s)via email, regular mail and/or it may use other reasonable method(s). The Site may also provide notice(s) of changes to the Terms or other matters by displaying notices or links to notice(s) to you on the Site and/or it may use other reasonable method(s).
HOW TO CONTACT US
If you would like to contact us for any reason, please write us at:
Attention: Legal Department
9 W 31st St.
New York, NY 10001
The Terms constitute the entire agreement between you and winterina and govern your use of the Site, superseding any prior agreements between you and winterina. You also may be subject to additional terms and conditions that are applicable to certain parts of the Site.
You agree that no joint venture, partnership, employment, or agency relationship exists between winterina and you as a result of this Agreement or your use of the Site.
Any claim or cause of action you may have with respect to winterina or the Site must be commenced within one (1) year after the claim or cause of action arose.
The failure of winterina to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
You may not assign the Terms or any of your rights or obligations under the Terms without our express written consent.
The Terms inure to the benefit of winterina’s successors, assigns and licensees. The section titles in the Terms are for convenience only and have no legal or contractual effect.