Updated: March 9, 2021
Welcome to the website (the “Site”) of Windsor Software, Inc. (“Windsor” or “we” or “us”).
By accessing or using our Site, you agree to these Terms of Service (“Terms”) which are a legally binding agreement between you and Windsor regarding your access and use of our Site, Content and Services. If you do not wish to accept these Terms then do not access or use the Site, Product or Services. The Site is intended for access and use by individuals age 18 or older. If you are not at least 18 years old you are prohibited from accessing or using the Site. If you are using the Site on behalf of any entity, you confirm that you are authorized to accept these Terms on such entity’s behalf. These Terms are not intended to alter the terms or conditions of any content license agreement you may have with us. To the extent of any conflict, the terms of your Content License Agreement will prevail.
Article II of these Terms describes the terms that apply to all visitors to our Site.
Article III of these Terms sets forth and links to additional terms and conditions that apply to our visitors who contribute User Content to our Site (“Contributors”) for relicensing to our Customers.
Article IV of these Terms sets forth and links to additional terms and conditions that apply to persons who license Windsor Content or Services accessed through the Site (“Customers”).
Certain Definitions. As used in these Terms:
“Applicable Privacy Laws” means, in relation to any Personal Data that is processed in the provision of the Services, the applicable legislation on the protection of identifiable individuals in effect where the Personal Data subject resides, including where applicable the California Consumer Privacy Act, the Gramm-Leach-Bliley Act found at 15 U.S.C. Subchapter 1, §6809(4), and the EU Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (the “GDPR”) and/or other applicable data protection or national/federal or state/provincial/emirate privacy legislation in force, including where applicable, statues, decisions, guidelines, guidance notes and codes of practice issued from time to time by courts, data protection authorities and other applicable government authorities.
A “Content License Agreement” means a further agreement between you and us which grants you certain rights to use and display Windsor Content. The Content License Agreement is set forth in Article IV below.
“Windsor Content” means all of the content featured or displayed on the Site, including, but not limited to, text, graphics, data, photographic images, moving images, sound, illustrations, software, and the selection and arrangement thereof.
“Personal Data” means any data provided by a visitor to this Site (including but not limited to Customers and Contributors) to Windsor and which may be used to identify a specific natural person, either alone or when combined with other information that is linkable by Windsor to a specific natural person. Personal Data also includes other information about a specific natural person where the data protection laws in effect in the region where such person resides define this information as Personal Data.
“Services” means the suite of services we provide individually and collectively through the Site.
“User Content” means any message, comment, data, information, text, music, sound, photos, graphics, code or other material you submit to us, including but not limited to (a) photographs, illustrations, or other still visual representations (“Still Image(s)”); (b) moving visual content in any form including, film, video tape, digital files, animation, and clips (“Footage”); and (c) font, audio file and any other work protected by copyright (“Other User Content”), in all cases, generated by any means and in any format or medium, including any reproductions and any modifications and derivative works thereof. User Content, and your grant of rights to Windsor with respect to such User Content, expressly includes your name, voice, and/or likeness as contained in your User Content.
Marketing Communications. If you submit your email address to the Site to create an account on the Site then you agree to subscribe to newsletters, marketing and promotional materials we may send you. However, you may opt out of receiving these communications from us in the future by following the unsubscribe link in any communication or by emailing us at [email protected]. We describe this further in our Privacy Notice.
Credit Card Automatic Renewals. When you visit the Site, you may choose to purchase or license Windsor Content or other Services. To provide payment for such Windsor Content or other Services, you may submit your credit card; by doing so, you agree to an initial and (in certain cases) recurring fee. Any recurring charges will be made in advance, either monthly or annually, and you accept responsibility for all recurring charges until you cancel any such future charges. By providing us with your credit card information, you authorize us to charge your credit card for all Windsor Content and Services purchased by you, including for any applicable renewal term, until such time as you cancel your subscription.
Site Ownership; Proprietary Rights. The Site is owned and operated by Windsor. The look and feel of the Site, the visual interfaces, custom fonts, graphics, designs and button designs, the compilation, information, data, computer code, and all other elements of the Site and Services (collectively, “Materials”) provided by Windsor are protected by intellectual property and other laws. All Materials associated with the Site are the property of Windsor or our third-party licensors. The Windsor logo, and any other product or service name or slogan contained in the Site are trademarks of Windsor and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission Windsor or the applicable trademark holder. You may not use metatags or any other “hidden text” utilizing “Windsor” or any other name, trademark or product or service name of Windsor without our prior written permission. You are authorized to view the Materials on the Site in accordance with these Terms; but you may not make any other use of the Materials without the prior express written permission of Windsor. For example, you may not copy or distribute the Materials, or prepare derivative works based on the Materials, without our written consent in advance.
Copyright Infringement Policy. In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, Windsor has adopted a policy of terminating, in appropriate circumstances and at Windsor’s sole discretion, account holders who infringe the intellectual property rights of Windsor or any third party. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Windsor with a written communication addressed to our President including substantially the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (ii) description of the copyrighted work or other intellectual property that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) your address, telephone number, and email address; (v) 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; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Embedded Viewer. If and where enabled, you may embed Windsor Content on a website, blog or social media platform using the embedded viewer (the “Embedded Viewer”). Not all Windsor Content will be available for embedded use, and availability may change without notice. Windsor reserves the right in its sole discretion to remove Windsor Content from the Embedded Viewer. Upon request, you agree to take prompt action to stop using the Embedded Viewer and/or Windsor Content. Without a further Content License, Embedded Windsor Content may not be used: (a) for any commercial purpose (for example, in advertising, promotions or merchandising) or to suggest endorsement or sponsorship; (b) in violation of any stated restriction; (c) in a defamatory, pornographic or otherwise unlawful manner; or (d) outside of the context of the Embedded Viewer. Windsor (or third parties acting on its behalf) may collect data related to use of the Embedded Viewer and embedded Windsor Content, and reserves the right to place advertisements in the Embedded Viewer or otherwise monetize its use without any compensation to you.
Privacy Notice; Personal Data; Compliance with Laws.
7.1 Please read the Windsor Privacy Notice for information relating to our collection, use, storage and disclosure of information we collect about you. The Windsor Privacy Notice is incorporated by reference into, and made part of, these Terms. Windsor will post notices of updates to the Privacy Notice on the Site.
7.2 You represent and warrant that you own all Personal Data or you have all rights that are necessary to submit to Windsor any data or User Content. You further represent and warrant that no User Content or other information you submit to Windsor, nor the inclusion of User Content or other information in the Services, will infringe, misappropriate or violate a third party’s intellectual property rights, any consumer protection or telemarketing law, or Applicable Privacy Law or regulation. You and Windsor each acknowledge and agree that Windsor does not receive any Personal Data as consideration for any Windsor Content or Services under these Terms or any Content License Agreement or any Contributor Agreement.
Your Responsibilities. You are responsible for any and all activities that occur under your account, including but not limited to, all applicable taxes and any applicable third-party fees (including but not limited to credit card fees, foreign exchange fees and cross border fees).
Prohibited Conduct. YOU AGREE NOT TO:
9.1 use the Site for any illegal purpose or in violation of any local, state, national, or international law;
9.2 interfere with security-related features of the Site, including by disabling or circumventing features that prevent or limit access to or use of any content, or by using any account credentials that are not your own;
9.3 interfere with the operation of the Site or any visitor’s enjoyment of the Site, including by interfering with, intruding into, disrupting, or making repeated accesses or requests that cause performance degradation to any network, equipment, server, or software system used to host or otherwise implement the Site;
9.4 use any means of automated data collection (“scraping”) or indexing (“crawling”), including by use of data mining tools, scripts, repeated data requests, automated systems (“robots”), or any other method to collect, copy, or aggregate information hosted on the Site;
9.5. manipulate or otherwise display the Site or the Windsor Content by using framing or similar navigational technology;
9.6 download, copy, or re-transmit any or all of the Site or the Windsor Content without, or in violation of, a written license from, or agreement with, Windsor;
9.7 register, subscribe, unsubscribe, or attempting to register, subscribe, or unsubscribe any party for any Windsor product or service if you are not expressly authorized by such party to do so;
9.8 sell, license, lease, or in any way commercialize the Site or the Windsor Content without specific written authorization from Windsor;
9.9 intentionally take any action that imposes, or may impose at our reasonable discretion an unreasonable or disproportionately large load on our infrastructure;
9.10 intentionally upload invalid data, viruses, worms, or other software agents through the Site;
9.11 collect or harvest any Personal Information from the Service; or
9.12 impersonate another person or otherwise misrepresent your affiliation with a person or entity, or conduct fraud, hide or attempt to hide your identity.
Linked Websites. The Site may contain links to third-party websites such as social media websites. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such sites. You acknowledge sole responsibility for, and assume all risk arising from, your use of any third-party websites or resources.