Terms

We recommend you to read this before using Winkal.

Introduction

The purpose of these rules is to create a safe environment for the activities of every user, while ensuring that there is no violation of:

  1. The rights of third parties.
  2. Provisions on the protection of minors.
  3. The legal system as a whole

The use of the Site, including the services provided on the Site, is only authorized provided that current usage guidelines are observed, within the limits and scope stipulated by FNBox, as well as those of additional or supplementary terms, and/or of the various applicable national and international legal regulations.

How to share the fun

You can upload photographs, images, drawings, jokes or any other material of similar content, publish your own creations, post something funny you found on the web (as long as you mention the source and you are authorize to publish it), share and comment everything you find funny with the Winkal community and your social circles (the “User Content”).

Under no circumstances, will FNBox be responsible or liable for the User Content provided by the users nor will it be responsible for any comment made by a user or third party, as a result of the display and/or publication of such content.

The services provided on the Site were created with the sole purpose of entertaining and amusing the users. It is not intended to offend, criticize, ridicule or mock any third party. The User Content is the user’s sole responsibility.

User Content

You acknowledge and agree that if you use this Site, including the services provided on the Site, to contribute User Content, you hereby grant to FNBox a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, transferable, sub-licensable right to copy, distribute, publicly perform, publicly display and reproduce via Facebook such User Content (including all related intellectual property rights) and to allow others to do so.

When you post your User Content, you are telling FNBox and all other users that the User Content posted by you is truly yours - no one else's - or that you are authorized to publish it. Furthermore, you are telling FNBox and all other users that the posting and use of your User Content does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or human rights of somebody else. FNBox is not responsible if it's not really yours or if you infringe on others' rights. You will be solely responsible if there are any costs associated with that.

FNBox may manipulate the format of your User Content to offer the services on the Site (including transcoding and/or reformatting User Content to allow its use throughout the Site).

FNBox might keep an eye on the User Content you post, and if we do, we may refuse to post your User Content or remove your User Content at any time, with or without prior notice or explanation, and without liability, for any or no reason. Notwithstanding the foregoing, we’re not responsible for what's in the User Content and we are under no obligation to modify or remove any inappropriate User Content. (For further information on Copyright Infringement please go over our Copyright Infringement Section)

If you no longer desire to use the Site as a user, you may remove it from your Facebook account. Once you removed it, any User Content created by you (such as photographs, drawings, jokes you posted) will not be deleted automatically. Once posted in your Facebook wall/profile/feeds the content becomes available to the public, as controlled by privacy setting, and may be copied or further distributed by others users and copies may remain viewable if other users have copies or saved that content. FNBox shall have no responsibility in this case. You shall be totally liable for the content posted and for the possibility of its distribution, keeping FNBox from any duty or obligation connected whatsoever.

Users Responsibilities

Broadly, FNBox prohibits anything that is derogatory to somebody else; anything that you didn't create or are not authorized to publish; or anything that is illegal.

You represent, warrant and agree that you will not contribute any User Content that (i) infringes, violates or otherwise interferes with any copyright, trademark, or any intellectual property right of another or the privacy or publicity rights of another; (ii) reveals any trade secret or confidential information, unless you own the trade secret or have the owner’s permission to post or share it; (iii) anything that is patently offensive or promotes racism, bigotry, hatred or physical harm of any kind against any person or group; (iv) harasses or advocates harassment of another person; (v) exploits people in a sexual or violent manner, including child pornography; (vi) contains nudity, excessive violence, or offensive subject matter; (vii) solicits personal information from anyone under 18; (viii) publicly posts information that poses or creates a privacy or security risk to any person; (ix) contains or promotes something you know is false or misleading; (x) promotes illegal activities or conduct that is abusive, indecent, threatening, obscene, defamatory or libelous; (xi) defames or libels somebody, or otherwise violates any law or right of any third party; or (xii) includes a photograph of another person that you have posted without that person's consent.

In case of a Copyright Infringement

FNBox respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, FNBox will respond promptly to claims of copyright infringement committed using the Site that are reported to the FNBox Designated Copyright Agent identified below.

If you are a copyright owner, authorized to act on behalf of one or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by sending FNBox a DMCA Notice of Alleged Infringement in the format provided below and delivering it to the FNBox Designated Copyright Agent. Upon receipt of Notice as described below, FNBox will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged use from the Site and/or termination of the Winkal user's account. Please note that in addition to being forwarded to the person who provided the allegedly infringing content, a copy of this legal notice may be sent to a third-party which may publish and/or annotate it. As such, your letter (with your personal information removed) may be forwarded to Chilling Effects (http://www.chillingeffects.org) for publication. You can see an example of such a publication at http://www.chillingeffects.org/dmca512/notice.cgi?NoticeID=861.

DMCA Notice of Alleged Infringement ("Notice")

To file a notice of infringement with FNBox, you must provide a written communication (by fax or regular mail – not by email, except by prior agreement) that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is infringing your copyrights. Indeed, in a past case (please see http://www.onlinepolicy.org/action/legpolicy/opg_v_diebold/ for more information), a company that sent an infringement notification seeking removal of online materials that were protected by the fair use doctrine was ordered to pay such costs and attorneys fees. The company agreed to pay over $100,000. Accordingly, if you are not sure whether User Content available online infringes your copyright, we suggest that you first contact an attorney.

To expedite our ability to process your request, please use the following format (including section numbers):

  1. Identify the copyrighted work that you claim has been infringed (for example, "The copyrighted work at issue is the text that appears on http://www.legal.com/legal_page.html"), or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed.
  2. Identify the User Content or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the relevant website where such material may be found.
  3. Provide your mailing address, telephone number, and, if available, email address.
  4. Include both of the following statements in the body of the Notice.
    "I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
    "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
  5. Provide your full legal name and your electronic or physical signature.
  6. Deliver this Notice, with all items completed, to FNBox's Designated Copyright Agent:
    Copyright Agent
    c/o FNBox Legal
    FNBox.com
    Ayacucho 1246, Piso 2
    Buenos Aires, Argentina
    CP1111
    Or fax it to: (206) 219-6416, Attn: FNBox Legal.

DMCA Counter Notification

The process for counter notifications is governed by Section 512(g) of the Digital Millennium Copyright Act: http://www.copyright.gov/legislation/dmca.pdf When FNBox receives a counter notification, FNBox may reinstate the User Content in question. To file a counter notification with FNBox, you must provide a written communication that sets forth the items specified below.

Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that a product or activity is not infringing the copyrights of others may be subject to liability (including costs and attorneys fees). Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of users who are repeat infringers. Accordingly, if you are not sure whether certain User Content infringes the copyrights of others, we suggest that you first contact an attorney.

Elements of Counter Notification

To expedite FNBox ability to process your counter notification, please use the following format (including section numbers):

  1. Identify the specific URLs of material that the Site has removed or to which the Site has disabled access.
  2. Provide your full name, address, telephone number, and email address, and the username of your Winkal account.
  3. Provide a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or Los Angeles County, California if your address is outside of the United States), and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
  4. Include the following statement:
    "I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
  5. Sign the notice. If you are providing notice by e-mail, a scanned physical signature or a valid electronic signature will be accepted.
  6. Send the written communication to the following address:
    Copyright Agent
    c/o FNBox Legal
    FNBox.com
    Ayacucho 1246, Piso 2
    Buenos Aires, Argentina
    CP1111
    Or fax it to: (206) 219-6416, Attn: FNBox Legal.
  7. x

What happens next?

After FNBox receives your counter notification, FNBox will forward it to the party who submitted the original claim of copyright infringement. Please note that when FNBox forwards the counter notification, it includes your personal information. By submitting a counter notification, you consent to having your information revealed in this way. FNBox will not forward the counter notification to any party other than the original claimant.

After FNBox sends out the counter notification, the claimant must then notify us within 10 days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on the Site. If FNBox receives such notification we will be unable to restore the material. If FNBox doesn’t receive such notification, we may reinstate the material.

Account Termination.

FNBox will, in appropriate circumstances, terminate repeat infringers. If you believe that an account holder or subscriber is a repeat infringer, please follow the instructions above to contact FNBox and provide information sufficient for us to verify that the user is a repeat infringer.

DISCLAIMER: We are not your attorneys and the information we present here is not legal advice. We present this document for informational purposes only.

© 2013 FNBox Ventures Inc. All rights reserved.