Terms and Conditions of Use
Last updated June 18, 2021.
Please read these Terms and Conditions of Use carefully before using this website.
If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy governs Winnova’s relationship with you in relation to this website.
The following Terms and Conditions of Use govern all use of the donback.com website and all content, services and products available at or through the website (taken together). The website and its content are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Winnova’s Privacy Policy) and procedures. We reserve the right to change these terms and conditions on the website at any time without notice.
Website Use and Consent
The website and its entire contents, features and functionality (including but not limited to all information, text, photos, documents, displays, images, video & audio, data, databases and the design, selection and arrangement thereof), are owned by Winnova, its licensors or other providers of such material and are protected by Canadian and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
By accessing or using any part of the website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these terms and conditions are considered an offer by Winnova, acceptance is expressly limited to these terms. The website is available only to individuals who are at least 18 years old.
Intellectual Property Rights
These Terms and Conditions of Use permit you to use the website for your personal, non-commercial use only.
This website and its content are solely owned by Winnova and/or our affiliates or licensors, unless otherwise noted and is protected by copyright, trademark and other intellectual property laws. This Agreement does not transfer from Winnova to you any Winnova or third-party intellectual property. Any and all rights, title and interest in and to such property will remain (as between the parties) solely with Winnova. Donback.com, the logo, and all other trademarks, service marks, graphics and logos used in connection with the website are trademarks or registered trademarks of Winnova or Winnova’s licensors. Other trademarks, service marks, graphics and logos used in connection with the website may be the trademarks of other third parties. Your use of the website grants you no right or license to reproduce or otherwise use any Winnova or third-party trademarks.
When you access our website or purchase any of its content, you agree that:
- You will not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our website.
- You may print or download one copy of a reasonable number of pages of the website for your own personal, non-commercial use and not for further reproduction, publication or distribution provided that you give use full attribution and credit by name. If used electronically, then you must link back to our website page where the content was obtained. Please note that use of our website content is for your personal use and that in no way do we grant ownership of the content to you – it is still our property.
Copyright Infringement
As Winnova asks others to respect its intellectual property rights, we respect the intellectual property rights of others. If you believe that material located on, or linked to by, donback.com violates your copyright, you are encouraged to notify Winnova. Winnova will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Winnova will terminate a visitor’s access to and use of the website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Winnova or others. In the case of such termination, Winnova will have no obligation to provide a refund of any amounts previously paid to Winnova.
Personal Responsibility, Conduct and Assumption of Risk
You are agreeing that you will not use our website in any way that causes or is likely to cause interruption, damage or impairment in any way of the website, content, or access to them. You understand that if you comment on a blog, post material to the website, post links on the website, or otherwise make (or allow any third party to make) material available by means of the website, you are entirely responsible for the content of, and any harm resulting from, that content. That is the case regardless of whether the content in question constitutes text, graphics, an audio file, or computer software. By making content available, you represent and warrant that:
- the downloading, copying and use of the content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party.
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the content.
- you have fully complied with any third-party licenses relating to the content and have done all things necessary to successfully pass through to end users any required terms.
- the content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content.
- the content is not spam, is not machine- or randomly generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third-party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing).
- the content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party.
- you have, in the case of content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Winnova or otherwise.
By submitting content to the website, you grant Winnova a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the content solely for the purpose of displaying, distributing and promoting your content. If you delete content, Winnova will use reasonable efforts to remove it from the website, but you acknowledge that caching or references to the content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Winnova has the right (though not the obligation) to, in Winnova’s sole discretion (i) refuse or remove any content that, in Winnova’s reasonable opinion, violates any Winnova’s policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Winnova’s sole discretion. Winnova will have no obligation to provide a refund of any amounts previously paid.
Disclaimer of Warranties
The website is provided “as is”. Winnova and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Winnova nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. Information or data contained on this site is for informational purposes only. Winnova is not providing technical, financial, legal, or accounting advice. You understand that you download from, or otherwise obtain content or services through, the website at your own discretion and risk.
Limitation of Liability
In no event will Winnova, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Winnova under this agreement during the twelve (12) month period prior to the cause of action. Winnova shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty
You represent and warrant that (i) your use of the website will be in strict accordance with the Winnova Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, province, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from Canada or the country in which you reside) and (ii) your use of the website will not infringe or misappropriate the intellectual property rights of any third party.
You agree to indemnify and hold harmless Winnova, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the website, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between Winnova and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Winnova, or by the posting by Winnova of a revised version.
Governing Law
This Agreement and any access to or use of the website will be governed by the laws of the Province of Alberta, and the applicable laws of Canada, excluding its conflict of law provisions. The proper venue for any disputes arising out of or relating to any of the same will be the provincial and federal courts located in Edmonton, Alberta. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond). This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Winnova reserves all rights not expressly granted here.
If you have any questions about these Terms and Conditions of Use, please contact Don Back at don@donback.com.
Last Updated: June 18, 2021