Introduction
Welcome to the www.whofailswins.com website (WFW). This website, and the information, content, products and services it makes available, is provided to you by KA-C Consulting, LTD., a UK limited liability company (the “Licensee”). These Terms of Use (this “Agreement”) set forth the terms and conditions governing your use of this Web Site. When you submit this content (the “Content”) to WFW, you agree to the following terms and conditions.
Submissions
When you submit this Content to this blog, products or services, you grant Licensee a non-exclusive, worldwide, royalty-free, sublicensable, transferable right and license to use, host, store, cache, reproduce, publish, display (publicly or otherwise), perform (publicly or otherwise), distribute, transmit, modify, adapt (including, without limitation, in order to conform it to the requirements of any networks, devices, services, or media through which the Services are available, and create derivative works of the Content.
You have all necessary licenses and permissions to submit this content and have it posted
You represent and warrant that you have all necessary rights, licenses, and permissions to grant the above licenses and that the Content submitted by you, and the submission of such Content, do not and will not violate any intellectual property rights (including but not limited to copyrights and trademark rights) of any third party. You agree that you will indemnify, defend, and hold harmless Licensee its parents, subsidiaries, affiliates, customers, vendors, hosts, officers, and employees from any liability, damage or cost (including reasonable attorneys’ fees and costs) from any claim or demand made by any third party due to violation of these representations and warranties, or otherwise arising out of any submitted Content.
User-Submitted Content
You are responsible for all Content that you submit, post, or otherwise make available to or through WFW. By doing so, you represent and warrant to Licensee that such content is not confidential and that you have all necessary permission to submit, post and otherwise make available such Content.
Without the prior written consent of Licensee, Users of the Site may not upload, post or otherwise transmit content of any kind or nature that contains advertising, solicitation of funds or promotion of any products and services.
Editing
WFW reserves the right to edit your posts for style.
Privacy
Should you chose to share your email address on WFW, we will use this email address only to contact the email user and will never share this email address with any third parties. Licensee is not liable should this information be taken against our permission or without our consent. Licensee reserves the right to use information freely shared by the contributor including Name, Age and Defining Characteristics for promotions and republications.
Your Use of Content and Information‚ Disclaimer with Respect to Content
A variety of information, advice, recommendations, letters, messages, comments, posts, text, graphics, software, music, sound, photographs, videos, data, and other materials (“Content”) is available on WFW. Some of the Content is provided by Licensee or its suppliers, and other Content is provided by persons who use WFW (“Users”), such as User opinions and views provided via posts to chat rooms, blogs, bulletin boards, or discussion forums. While Licensee strives to keep the Content that it posts on the WFW accurate, complete, and up-to-date, Licensee cannot guarantee, and is not responsible for, the accuracy, completeness, or timeliness of any Content, whether provided by Licensee or its suppliers, or by Users of WFW. Any opinions, advice, statements or other information expressed or made available by Users or third parties, including but not limited to bloggers, are those of the respective User or other third party and not of Licensee. Licensee does not endorse and is not responsible for the accuracy or reliability of any opinion, advice or statement made on the WFW.
Modifications to This Agreement
Licensee may make changes to this Agreement from time to time in its sole discretion, by updating this posting on this Web Site, and specifying the effective date of the new version of the Agreement. Your continued use of the Web Site following the posting of a new version of the Agreement constitutes your acceptance of any such changes. Accordingly, whenever you visit this Web Site you should check to see if a new version of the Agreement has been posted.
Governing law
This agreement and any disputes between the parties will be governed by the laws of England and Wales.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WFW SHALL NOT BE LIABLE FOR: (A) ANY INDIRECT, INCIDENTAL, EXEMPLARY PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (B) LOSS OF: PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES; (C) DAMAGES RELATING TO YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICES; (D) DAMAGES RELATING TO ANY CONDUCT OR CONTENT OF ANY THIRD PARTY OR SUBSCRIBER USING THE SERVICES, INCLUDING WITHOUT LIMITATION, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OR CONTENT; AND/OR (E) DAMAGES IN ANY MANNER RELATING TO ANY CONTENT. THIS LIMITATION APPLIES TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WFW HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND FURTHER WHERE A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.