Please read these Terms closely before using Wings Engine.com (the 'Website'). Wings Engine may at any time modify these Terms, and your continued use of this Website and the Services (defined below) will be conditioned upon the terms and conditions in force at the time of your use. Your registration for, or use of, the Services shall be deemed to be your approval and execution of this Agreement including your covenant to abide by the Terms including those related to any materials available on the Website.
1. Uses
You are responsible for all activity occurring under your user account(s) and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Services, including those related to data privacy, international communications and the transmission of technical or personal data. You shall: (i) notify Wings Engine immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (ii) report to Wings Engine immediately and use reasonable efforts to stop immediately any copying or distribution of Content or infringement of Wings Engine Technology that is known or suspected by you or your Users; and (iii) not impersonate another Wings Engine user or provide false identity information to gain access to or use the Services.
2. Description of Service
The Company provides a web and app-based Service in the form of a platform, which is made available to users, on which said users may create 3D models and GIS. This Content made available to users through the Site and Service is in no way considered to be any form of licensing compliance advice, nor regulatory advice, and is provided strictly for entertainment and informational purposes. In the event that any user feels that they may require the services of an attorney or other licensing compliance or regulatory professional/specialist, they are hereby advised to immediately seek those services from such professionals, as this Site and the Services provided thereon are in no way intended to be a substitute or replacement of the services such appropriate professionals.
THE SERVICE IS PROVIDED "AS IS" AND THE COMPANY ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS OF THE SERVICE, ERRORS IN CONTENT OR THE ACCURACY OF ANY CONTENT OR INFORMATION PROVIDED THROUGH THE SERVICE OR SITE OR CONTAINED THEREON, PERIODS OF INACTIVITY OR THE INABILITY TO USE THE SERVICES OR PORTIONS THEREOF. ADDITIONALLY, COMPANY PROVIDES ANY AND ALL INFORMATION OR CONTENT MADE AVAILABLE THROUGH THE SITE OR SERVICE, WITHOUT WARRANTY OF ANY KIND AND AS SUCH, THE COMPANY IS NOT RESPONSIBLE OR LIABLE FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, OR RELIABILITY OF SUCH CONTENT OR INFORMATION.
Unless explicitly stated otherwise, any newly added features which may augment or enhance the Service, including without limitation the release of new Company properties, are subject to the then current TOS.
All users must abide by the TOS. If a user fails to follow any of the guidelines and/or rules of behavior, the Company can discontinue said user’s ability to use the Site or Service at any time, and for any reason.
You may only use the Site and Service for purposes expressly permitted by this TOS. As a condition of your use of the Site or Service, you represent and warrant to the Company that you will not use the Site and any Service for any purpose that is unlawful, offensive, and/or prohibited by this TOS.
You alone are solely responsible for any activity that takes place on the Site or through the Service under your name and password. If you become aware of any unauthorized use of your username and/or password it is your responsibility to notify the Company immediately. It is up to you to maintain the confidentiality of your password and username at all times.
You understand that you may receive business-related communications from Company such as Service announcements and account administrative notices, and you agree that these communications are not "unsolicited commercial email advertisements" and thus, subject to all applicable laws, you agree to receive such communications. You may unsubscribe from the receipt of such email communications at any time by sending an email requesting such un-subscription and/or cancellation to an email address that shall be designated specifically for receipt of such requests, however, the fulfillment of this request may affect the functionality of the Service and its ability to perform as intended. Additionally, even in the event that you unsubscribe from the marketing emails, if you are registered with an account or have requested that the Company contact you about certain services, you authorize the Company to send you important notices about such services and any pending transactions relating to these services, to any email address you have provided to Company throughout the registration process, or at any other time thereafter. It is your sole responsibility to ensure that the email address on file remains up to date to be sure that important emails sent to you are not blocked or re-routed to spam folders.
As a user of the Service you also understand and agree that the Service may also include advertisements or links thereto. You agree that such advertisements are not "unsolicited commercial email advertisements" and, subject to all applicable laws, you agree to receive such communications. You understand and agree that your correspondence or business dealings with, or participations in promotions of, advertisers found on or through the Service, including payment and delivery of services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the advertiser, and therefore subject to the advertiser’s terms of service and privacy policy. You agree that the Company shall not be responsible nor liable for any loss or damages incurred or sustained as the result of such dealings or as the result of the presence of such advertisers on the Service.
YOU MUST BE AT LEAST 18 YEARS OF AGE TO ACCESS AND USE ANY PORTIONS OF THE SERVICE. IF YOU ARE ABOVE THE AGE OF 13, BUT BELOW THE LEGAL AGE MAJORITY, THIS SERVICE MAY ONLY BE USED WITH THE CONSENT AND SUPERVISION OF A PARENT OR LEGAL GUARDIAN. IF YOU ARE 13 YEARS OR YOUNGER, DO NOT USE THIS SERVICE FOR ANY PURPOSE AS IT IS NOT INTENDED FOR USE BY CHILDREN.
3. License Grant and Restrictions
Wings Engine hereby grants you a non-exclusive, non-transferable, worldwide right and license to use the Services, solely for your own internal purposes, subject to the Terms of this Agreement. All rights not expressly granted to you are reserved by Wings Engine and its licensors.
You may not access the Services if you are a direct competitor of Wings Engine, except with Wings Engine's prior written consent. In addition, you may not access the Services for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes. Any action of this kind is likely to result in serious harm to Wings Engine for which you agree that Wings Engine will be entitled to immediate injunctive relief together with other legal and equitable remedies.
You shall not (i) license, sublicense, sell, resell, transfer, assign or distribute the Services in any way other than as permitted in writing by Wings Engine; (ii) modify or make derivative works based upon the Services; (iii) create Internet 'links' to the Services or 'frame' or 'mirror' any content of the Website or the Services on any other server or wireless or Internet-based device; or (iv) modify, reverse engineer, decompile, disassemble or access any computer code relating to the Services in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Services, or (c) copy any ideas, features, functions or graphics of the Services.
4. Content
As a user of the Site or Service, you will be provided access to a variety of materials and information, which may include, but shall not be limited to certain text, audio, video, photographs, graphics, and other informational data. All materials contained on the Site, whether uploaded by the Company or by any third-party, shall be considered ("Content"). Company does not warrant or guarantee any Content uploaded by the Company, nor does it screen, warrant, guarantee, or endorse any Content uploaded by any third-party.
The Company shall have no liability of any kind with respect to any Content listed on the Site, or your use or reliance thereon. You agree that you must assess and bear all risks associated with your use of any Content of the Site, or contained in any links found on the Site. In this regard, you may not rely on any Content created by the Company or by any third-party, or otherwise created, distributed and displayed on any part of the Service. The Company does not control or monitor all of the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content.
You hereby acknowledge that some of the Content provided through the Site or Service may be licensed to Company by outside third-parties who own and control the intellectual property rights in such Content. You hereby acknowledge and agree that any third-party owning such Content and the intellectual property rights thereto, shall retain all rights in and to any of their respective intellectual property appearing on the Site or through the Service, and no rights in such materials shall be transferred or assigned to you, in whole or in part, at any time, except as may otherwise be expressly permitted by such third-parties. You hereby acknowledge and agree that your use of such Content owned by third-parties, shall be governed by the terms of service and privacy policies of such third-parties, in addition to these TOS. The Company may, in its sole discretion, elect to add or remove from the Site or Service, any Content provided by said third-parties at any time. Through the use of various application program interfaces ("API’s") or other programs/software, some of the Content made available through the Site and Service may be provided by a variety of third-parties, and as such, your use and rights in any such Content shall be governed by the terms of service, privacy policies, and other user policies of said third-parties.
5. Account Information and Data
Wings Engine does not claim ownership of any data, information or material that you submit to the Services in the course of using the Services ('Customer Data') and may not use or disclose Customer Data other than (a) to comply with law or comply with legal process, (b) to protect and defend Wings Engine's rights or the rights of Wings Engine's Customers and third parties, or (c) to avoid liability or the liability of Wings Engine Customer's or third parties. Wings Engine may gather and use any information describing the habits, usage patterns or demographics relating to any Customer Data for internal purposes. You, not Wings Engine, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Customer Data, and Wings Engine shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Customer Data.
6. Intellectual Property Ownership
Wings Engine alone (and its licensors, where applicable) shall own all right, title and interest, including all related Intellectual Property Rights, in and to the Wings Engine Technology and the Services in addition to any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Services. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Services, the Wings Engine Technology or the Intellectual Property Rights owned by Wings Engine, except as expressly set forth herein. The Wings Engine name, the Wings Engine logo, and the product names associated with the Services are trademarks of Wings Engine or third parties, and no right or license is granted to use them.
7. Termination; Cancellation
You may cancel your subscription at any time but shall remain liable and be immediately charged for your use of the Services up to the date of cancellation or through the term of the license contract. Un-cancelled accounts will NOT receive a refund for lack of use. It's your responsibility to cancel your account before the bill date if you do not want to be charged automatically. No refunds will be given for un-used page credits or remaining monthly page downloads at time of cancellation. Wings Engine may at any time terminate your use of the Services or cancel any subscription(s) or your use of any subscription or license for cause, which includes the issuance of chargeback for amounts rightfully owed by an account holder. Except as set forth above or unless Wings Engine has previously canceled or terminated your use of the Services (in which case subsequent notice by Wings Engine shall not be required), Wings Engine will notify you via email of any such termination or cancellation, which shall be effective immediately. Upon cancellation of any subscription or termination or expiration of this Agreement for any reason, you shall remain liable for any amount due for subscriptions already delivered through the date such cancellation or termination takes effect.
8. Confidentiality
During the term of your use of the Services and for a period of two (2) years following the termination or expiration of your subscription, each party agrees not to disclose Confidential Information of the other party to any third party without prior written consent except as provided herein. 'Confidential Information' includes (i) subscription account data, including agent definitions, Customer Data, and User Content, (ii) except as provided in subsection (i) above, any other Services information or access to technology prior to public disclosure provided by Wings Engine to you and identified at the time of disclosure in writing as 'Confidential.' Confidential Information does not include information that has become publicly known through no breach by a party, or has been (i) independently developed without access to the other party's Confidential Information; (ii) rightfully received from a third party; or (iii) required to be disclosed by law or by a governmental authority.
These Terms shall be governed by, construed and enforced in accordance with the laws of China, and, for the purposes of any and all legal or equitable actions, you specifically agree and submit to the exclusive jurisdiction and venue of the courts of China and agree you shall not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens, or otherwise.
9. Your Marks
You hereby grant Wings Engine the limited right to use your trademarks, service marks and other information identifiable to you for the purpose of representing to third parties that you use or have used the Website and/or Services.
10. Warranty
Wings Engine makes no representations, warranties or guarantees about the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the Service or any Content. Wings Engine does not represent or warrant that: (A) use of the Service will be completely secure, timely, uninterrupted or error-free or work in combination with any other hardware, software, system or data; (B) the Service will meet your requirements or expectations; (C) any stored data will be accurate or reliable; (D) the quality of any products, services, information or other material purchased or obtained by you through the Service will meet your requirements or expectations; (E) errors or defects will be corrected; or (F) the Service or the server (s) that make the Service available are free of viruses or other harmful components. The Service and all Content are provided to you strictly on an "as is" basis. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose or non-infringement of third party rights, are hereby disclaimed by Wings Engine to the fullest extent permitted by applicable law.
11. Limitation of Liability; Force Majeure
Except for any compensation and confidentiality obligations under this Agreement, (i) in no event shall either party be liable for any consequential, special, indirect, punitive or punitive damages, whether based on contract, tort or any other legal theory, even if the party has been informed of the possibility of such damages, regardless of whether the primary purpose of any limited remedy has failed; (ii) According to this agreement, Wings Engine's total liability for any claims made by you is limited to the amount paid by you to Wings Engine for the services that led to such claims. claim demage. All parties acknowledge that the other party has agreed to this clause based on the liability limitations described herein, and these limitations are an important basis for the transaction between the two parties. Without limiting the above terms, except for payment obligations, neither party shall be liable for any failure or delay caused by any circumstances beyond its reasonable control.
12. Internet Delays
Wings Engine'S SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. Wings Engine IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
13. Payment, Refunds
You agree to pay all applicable charges under these Terms, including any applicable taxes or charges imposed by any government entity, and that Wings Engine may change its pricing at any time. There are no refunds for payments made once service has been rendered. If you dispute any charge made for your use of the Services, you must notify Wings Engine in writing within seven (7) days of any such charge; failure to so notify Wings Engine shall result in the waiver by you of any claim relating to any such disputed charge. Charges shall be calculated solely based on invoicing records maintained by Wings Engine for purposes of billing. No other measurements or statistics of any kind shall be accepted by Wings Engine or have any effect under these Terms.
14. Representations and Warranties
You represent and warrant that (a) all of the information provided by you to Wings Engine to use the Services is correct and current and that that you have not falsely identified yourself nor provided any false information to gain access to the Services and that your billing information is correct.
15. Your Obligation to Indemnify
You agree to indemnify, defend and hold Wings Engine, its agents, affiliates, subsidiaries, directors, officers, employees, and applicable third parties (e.g., all relevant Partner(s), licensors, licensees, consultants and contractors) ('Indemnified Person(s)') harmless from and against any third party claim, liability, loss, and expense (including damage awards, settlement amounts, and reasonable legal fees), brought against any Indemnified Person(s), arising out of your use of the Services and/or your breach of any of these Terms. You acknowledge and agree that each Indemnified Person has the right to assert and enforce its rights under this Section directly on its own behalf as a third party beneficiary.
16. Miscellaneous
(1) Assignment You may not, directly or indirectly, by operation of law or otherwise, assign all or any part of these Terms or Your rights under these Terms or delegate performance of Your duties under these Terms without Our prior consent, which consent will not be unreasonably withheld. We may, without Your consent, assign Our agreement with You to any member of Wings Engine or in connection with any merger or change of control of Wings Engine or the sale of all or substantially all of Our assets provided that any such successor agrees to fulfil its obligations pursuant to these Terms.
(2) Entire Agreement These Terms, together with any Form(s), constitute the entire agreement, and supersede any and all prior agreements between You and Wings Engine with regard to the subject matter hereof. Notwithstanding the foregoing, additional terms may apply to certain features, functionality, or services We offer as part of or distinct from the Service (the 'Additional Terms'). In those instances, We will notify You of such Additional Terms prior to the activation of these features, functionality, or services and the activation of these features, functionality, or services in Your Account will be considered acceptance of the Additional Terms. All such Additional Terms will be considered incorporated into these Terms when You or any Agent authorized as an administrator in Your Account activate the feature, functionality, or service. Where there is a conflict between these Terms and the Additional Terms, the Additional Terms will control.
(3) Amendment and Waiver We may amend these Terms from time to time, in which case the new Terms will supersede prior versions. We will notify You not less than ten (10) days prior to the effective date of any such amendment and Your continued use of the Service following the effective date of any such amendment may be relied upon by Wings Engine as Your consent to any such amendment. Our failure to enforce at any time any provision of these Terms does not constitute a waiver of that provision or of any other provision of the Terms.
(4) Severability If any provision in these Terms is held by a court of competent jurisdiction to be unenforceable, such provision shall be modified by the court and interpreted so as to best accomplish the original provision to the fullest extent permitted by law, and the remaining provisions of these Terms shall remain in effect.
17. Definitions
As used in this Agreement: 'Agreement' means these online Terms and any materials available on the Wings Engine website specifically incorporated by reference herein, as such materials, including the Terms of this Agreement, may be updated by Wings Engine from time to time in its sole discretion; 'Customer Data' means any data, information or material provided or submitted by you to the Services in the course of using the Services; 'Effective Date' means the earlier of either the date this Agreement is accepted by selecting the 'I Accept' option presented on the screen after this Agreement is displayed or the date you begin using the Services; 'Intellectual Property Rights' means unpatented inventions, patent applications, patents, design rights, copyrights, trademarks, service marks, trade names, domain name rights, mask work rights, know-how and other trade secret rights, and all other intellectual property rights, derivatives thereof, and forms of protection of a similar nature anywhere in the world; 'Wings Engine' means a product of a Chinese corporation Hangzhou Duosuan Technology Co., Ltd., 'Wings Engine Technology' means all of Wings Engine's proprietary technology (including software, hardware, products, processes, algorithms, user interfaces, know-how, techniques, designs and other tangible or intangible technical material or information) made available to you by Wings Engine in providing the Services; 'User(s)' means you or your representatives, consultants, contractors or agents who are authorized to use the Services and have been supplied user identifications and passwords by you (or by Wings Engine at your request).