Terms of Service

Last Updated: October 26, 2023

Welcome to winterberry.xyz. These Terms of Service ("Terms") govern your access to and use of the winterberry.xyz website and any related services, features, content, or applications offered by winterberry.xyz (collectively, the "Service"). Please read these Terms carefully.

By accessing, browsing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you are not authorized to use the Service.

1. Acceptance of Terms

The Service is provided by winterberry.xyz ("we," "us," or "our"), located at 3954 Third Blvd, Columbus, Georgia 69485. By creating an account, accessing, or using the Service, you ("User," "you," or "your") agree to comply with and be legally bound by these Terms, which constitute a legally binding agreement between you and winterberry.xyz.

We reserve the right to modify, update, or replace these Terms at any time at our sole discretion. We will provide notice of material changes by posting the updated Terms on this page and updating the "Last Updated" date. Your continued use of the Service after such changes constitutes your acceptance of the new Terms. It is your responsibility to review these Terms periodically for changes.

2. Use of Service

2.1 Eligibility

You must be at least 18 years of age, or the age of majority in your jurisdiction, to use the Service. By using the Service, you represent and warrant that you meet all eligibility requirements.

2.2 Account Registration

Access to certain features of the Service may require you to register for an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate and complete. You are solely responsible for safeguarding your account password and for all activities that occur under your account. You must notify us immediately at [email protected] of any unauthorized use of your account.

2.3 License to Use

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your personal or internal business purposes.

2.4 Prohibited Conduct

You agree not to use the Service to:

• Violate any applicable local, state, national, or international law or regulation.
• Infringe upon or violate our intellectual property rights or the intellectual property rights of others.
• Harass, abuse, insult, harm, defame, slander, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.
• Submit false or misleading information or engage in fraudulent activity.
• Upload or transmit viruses, malware, or any other type of malicious code that will or may be used in any way that affects the functionality or operation of the Service.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service.
• Use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service.
• Use the Service in any manner that could disable, overburden, damage, or impair the site.

We reserve the right to terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

3. User Responsibilities

You are solely responsible for:

• Your conduct and all content, data, and information you submit, post, or display on or through the Service ("User Content").
• Ensuring that your User Content does not violate these Terms or any third-party rights.
• Maintaining the confidentiality of your account information.
• All activities that occur under your account.
• Any losses or damages we may suffer due to your breach of these Terms or your unauthorized use of the Service.

You acknowledge that we have no obligation to monitor access to or use of the Service or User Content but have the right to do so for the purpose of operating the Service, ensuring compliance with these Terms, and complying with legal requirements.

4. Intellectual Property

4.1 Our Property

The Service and its original content (excluding User Content), features, and functionality are and will remain the exclusive property of winterberry.xyz and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of winterberry.xyz.

4.2 Your Property (User Content)

You retain all of your ownership rights in your User Content. By submitting User Content to the Service, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with the Service and our business, including for promoting and redistributing part or all of the Service.

You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish the User Content you submit and to grant us the license above.

4.3 Copyright Complaints (DMCA)

We respect the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at [email protected] with information required under the Digital Millennium Copyright Act.

5. Limitation of Liability

5.1 Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

We do not warrant that a) the Service will function uninterrupted, secure, or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

5.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WINTERBERRY.XYZ, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR A