Last updated: January 26, 2024
Please read these terms and conditions carefully before using Our Service.
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Country refers to: Russia
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Winsomnia.
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Service refers to the Website.
Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
Website refers to winsomnia and its subdomains, main page accessible from https://winsomnia.net
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
In order to ensure the Visitor's full access to the Service and obtain the User status, the Visitor must complete the Registration procedure and create his Account.
The user is personally responsible for the safety and security of his password. The Organization is not responsible and does not guarantee the security of the User's Account and Personal Page in the following cases:
The User undertakes to:
By registering in the Service, the User confirms that he has the necessary legal capacity and capacity to accept the terms of the Agreement, is able to fulfill the Agreement and bear responsibility for its violation.
The User agrees and confirms that all actions performed on his behalf (using the User Account) are regarded as the actions of this User and may entail liability for the User.
The service support Service reserves the right to refuse Registration or terminate the Registration process of a new User at its discretion.
The User is solely responsible for the content and placement of user content (information, data, texts, photos, graphics, videos and other materials) publicly published through the Service.
The User undertakes not to use the Service for illegal purposes.
User content published in the public domain and violating the norms of the current Russian, international legislation and/or the legislation of the country of residence will be imperceptibly deleted without prior notice to users.
User/The Visitor understands that, using some Services, he may see materials that may be regarded by him as offensive, unreliable or controversial, and at the same time the User/The Visitor understands that the responsibility for the placement of such materials is borne by the User who posted them
The content of the Service is subject to the exclusive rights of the Organization.
By posting User Content, the User guarantees that he has all the rights and powers necessary to post such content and grant rights to it in accordance with the terms of the Agreement, and is responsible for the consequences of violation (unreliability) of such a guarantee in accordance with the current legislation of the Russian Federation and the country of residence.
By posting User Content, the User grants the Organization an exclusive license to use it, including reproduction, distribution, public display, processing, making available to the public without limitation of the territory and term, without paying additional remuneration to the User. The posted User Content can be used by the Organization in any Service.
The specified exclusive license for the use of User Content is granted to the Organization simultaneously with the addition of such content to the Service for the entire duration of the exclusive rights to objects of copyright and (or) related rights forming such content.
The User agrees that:
By posting User Content, he does it voluntarily and free of charge.
In the case of posting User Content, the exclusive rights to such content are retained by the Organization.
The Organization has the right to keep archived copies of deleted content posted by the User.
The terms of the Agreement relating to the transfer of rights by the User remain in force after the User or the technical support service deletes the User's account.
By placing User Content in the public domain, the User provides free access to it to any Visitors, Users of the Service for familiarization and personal use for non-commercial purposes.
The Organization has all rights to the Service as a single object, including all its components.
The Organization does not control the observance by Users of copyrights and other related rights of third parties to the results of intellectual activity and is not responsible for the violation of their Users.
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately.
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service, or the amount established in the legislation of Your country of residence, if You haven't purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original Russian text shall prevail in the case of a dispute.
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
If you have any questions about these Terms and Conditions, You can contact us: