Terms of Intellectual Property Monitoring and Authorized Infrastructure Usage

1. Definitions and Scope

For the purposes of these Terms, the following definitions apply throughout this document and all associated portal services:

1. "Winbay" refers to the brand owner, its legal entities, subsidiaries, affiliates, authorized agents, and designated representatives operating under or in connection with the winbay.com primary domain.
2. "Portal" refers to the Brand Protection Node website accessible at winbay-protect.site, including all pages, subdomains, forms, and communication channels operated thereunder.
3. "Gateway Domain" refers to winbay-protect.site, the authorized enforcement and monitoring subdomain operated by Winbay as a dedicated brand protection infrastructure node.
4. "Intellectual Property" or "IP" refers collectively to all copyrights, trademarks, service marks, trade names, trade dress, domain names, patents, trade secrets, and other proprietary rights owned by or licensed to Winbay.
5. "User" refers to any individual, organization, or automated system that accesses, browses, or submits communications to this Portal.
6. "Authorized Infrastructure" refers to all servers, networks, DNS zones, email systems, and digital assets operated by or on behalf of Winbay in connection with the Gateway Domain.
7. "IP Monitoring" refers to the systematic surveillance, detection, documentation, and reporting of potential intellectual property infringements across digital channels.

2. Nature and Purpose of This Portal

This Portal is explicitly deployed and operated as an authorized brand protection and enforcement gateway for Winbay intellectual property assets. Its primary functions include, but are not limited to: (a) receiving and processing formal copyright infringement notifications pursuant to applicable law; (b) conducting and facilitating IP monitoring activities across digital infrastructure; (c) providing technical documentation regarding the authorized configuration of the Gateway Domain; and (d) serving as the official communication intake for legal, technical, and media correspondence related to Winbay brand assets.

This Portal does not constitute the primary commercial presence of Winbay. The primary brand domain is located at winbay.com. The Gateway Domain operates as a subordinate enforcement node and all activities conducted through it are subject to Winbay's overarching brand governance policies.

3. Intellectual Property Rights

All content, design elements, text, graphics, logos, trademarks, service marks, and other materials published on this Portal are the exclusive intellectual property of Winbay or its licensors and are protected by applicable copyright, trademark, and other intellectual property laws of the United States and international treaties.

No content on this Portal may be reproduced, distributed, modified, publicly displayed, publicly performed, transmitted, broadcast, or otherwise exploited in any form or by any means without the prior express written authorization of Winbay. Any unauthorized use of Winbay intellectual property is strictly prohibited and may result in civil and criminal liability.

The Winbay name, logo, and all associated marks are registered or unregistered trademarks of Winbay. Nothing in these Terms or on this Portal shall be construed as granting any license or right to use any Winbay trademark without prior written permission.

4. Authorized Infrastructure Usage

The Authorized Infrastructure associated with this Portal is operated exclusively for the purposes described in Section 2. Access to and use of this infrastructure is subject to the following conditions:

1. Permitted Use. Users may access this Portal solely for the purpose of submitting legitimate IP-related communications, reviewing publicly available technical documentation, or obtaining contact information for authorized intake channels.
2. Prohibited Access. Any attempt to probe, scan, test, or exploit the security of the Authorized Infrastructure without express written authorization from Winbay is strictly prohibited and constitutes a violation of the Computer Fraud and Abuse Act (18 U.S.C. § 1030) and applicable state and international law.
3. Automated Access. Automated crawling, scraping, or systematic data extraction from this Portal is prohibited without prior written authorization. Authorized search engine crawlers operating in compliance with published robots.txt directives are excepted.
4. Infrastructure Integrity. Users must not take any action that could reasonably be expected to impair the performance, availability, or integrity of the Authorized Infrastructure, including but not limited to denial-of-service attacks, injection attacks, or unauthorized modification of DNS records.

5. IP Monitoring Activities

Winbay conducts continuous and systematic IP monitoring activities through this Portal and associated infrastructure. These activities include automated and manual surveillance of digital channels for potential infringement of Winbay intellectual property. By submitting content or communications through this Portal, Users acknowledge that such submissions may be retained, analyzed, and used in connection with IP enforcement proceedings.

Winbay's IP monitoring activities are conducted in compliance with applicable law, including the Electronic Communications Privacy Act (18 U.S.C. §§ 2510–2523) and relevant international data protection frameworks. Monitoring activities do not extend to private communications not directed to this Portal's intake channels.

6. Copyright Notification Procedures

Winbay has designated an agent to receive notifications of claimed copyright infringement pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512. All DMCA notifications must be submitted to the designated agent at dmca@winbay-protect.site and must comply with the statutory requirements set forth in 17 U.S.C. § 512(c)(3).

Winbay will process compliant notifications in accordance with its internal DMCA compliance procedures and applicable law. Winbay reserves the right to reject, return, or decline to act upon notifications that do not satisfy statutory requirements or that appear to be submitted in bad faith.

Pursuant to 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material or activity is infringing, or that material or activity was removed or disabled by mistake or misidentification, shall be liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer, by any copyright owner or copyright owner's authorized licensee, or by a service provider, who is injured by such misrepresentation.

7. Prohibited Conduct

The following conduct is expressly prohibited in connection with this Portal and the Authorized Infrastructure:

1. Submitting fraudulent, false, misleading, or bad-faith copyright notifications or counter-notifications;
2. Impersonating Winbay, its representatives, or any other person or entity in communications submitted through this Portal;
3. Using this Portal or its intake channels for any purpose other than legitimate IP enforcement, technical verification, or authorized media correspondence;
4. Attempting to circumvent, disable, or interfere with any security feature, access control, or monitoring system associated with this Portal;
5. Harvesting, collecting, or compiling contact information or other data from this Portal for commercial solicitation or unsolicited communications;
6. Transmitting malware, viruses, or other malicious code through any communication channel associated with this Portal;
7. Engaging in any conduct that violates applicable federal, state, or international law in connection with use of this Portal.

8. Disclaimer of Warranties

THIS PORTAL AND ALL ASSOCIATED SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WINBAY EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Winbay does not warrant that this Portal will be uninterrupted, error-free, or free of viruses or other harmful components. Winbay does not warrant the accuracy, completeness, or currency of any information published on this Portal. Technical specifications and DNS records published herein are provided for informational purposes and are subject to change without notice.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WINBAY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THIS PORTAL, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, OR LOSS OF DATA, EVEN IF WINBAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

In no event shall Winbay's total aggregate liability to any User for all claims arising out of or relating to these Terms or use of this Portal exceed one hundred United States dollars (USD $100.00).

10. Indemnification

You agree to indemnify, defend, and hold harmless Winbay and its officers, directors, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to: (a) your violation of these Terms; (b) your use of this Portal in a manner inconsistent with these Terms; (c) any fraudulent or bad-faith submission made through this Portal's intake channels; or (d) your infringement of any intellectual property or other rights of any third party.

11. Data Processing and Privacy

Information submitted through this Portal's intake channels, including personal data provided in copyright notifications, is processed for the purpose of evaluating and responding to IP enforcement requests. Such data may be retained in accordance with applicable statutory retention requirements and Winbay's internal data governance policies.

Winbay processes personal data in accordance with applicable data protection law, including the California Consumer Privacy Act (CCPA) and, where applicable, the General Data Protection Regulation (GDPR). Users located in the European Economic Area may have additional rights with respect to their personal data, including rights of access, rectification, erasure, and portability. Inquiries regarding data processing may be directed to tech@winbay-protect.site.

12. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the federal laws of the United States and the laws of the state of Delaware, without regard to conflict of law principles. Any dispute arising out of or relating to these Terms or use of this Portal shall be subject to the exclusive jurisdiction of the federal and state courts located in the state of Delaware, and each party hereby irrevocably consents to the personal jurisdiction of such courts.

Notwithstanding the foregoing, Winbay reserves the right to seek injunctive or other equitable relief in any court of competent jurisdiction to prevent or restrain infringement of its intellectual property rights.

13. Modifications and Updates

Winbay reserves the right to modify, update, or replace these Terms at any time in its sole discretion. The effective date of the current version is indicated in the status bar at the top of this page. Continued use of this Portal following the publication of revised Terms constitutes acceptance of the updated Terms. Users are encouraged to review these Terms periodically.

Material changes to these Terms will be indicated by an updated version number. Winbay may, but is not obligated to, provide notice of material changes through the Portal's status bar or other communication channels.

14. Contact and Enforcement

Questions regarding these Terms, requests for clarification, or reports of violations may be directed to the appropriate intake channel as specified on the Communication Nodes page. Legal correspondence should be directed to dmca@winbay-protect.site. Technical inquiries should be directed to tech@winbay-protect.site.

Winbay actively enforces these Terms and its intellectual property rights. Violations may result in termination of access to this Portal, civil legal action, referral to law enforcement, and/or public disclosure of enforcement actions to the extent permitted by applicable law.

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