Terms & Conditions

Agreement To Terms​

These terms and conditions outline the rules and regulations for the use of Kewl Wind LLC's Website, located at kewlwind.com.

By accessing this website we assume you accept these terms and conditions. Do not continue to use Kewl Wind if you do not agree to take all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: "Client", "You" and "Your" refers to you, the person log on this website and compliant to the Company’s terms and conditions. "The Company", "Ourselves", "We", "Our" and "Us", refers to our Company. "Party", "Parties", or "Us", refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of Netherlands. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

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Kewl Wind LLC

"Kewl Wind" is owned and operated by the Kewl Wind Publishing Company ("Kewl Wind LLC"). Your use of our  website services and publishing of mobile applications is governed by these Terms & Conditions ("Terms & Conditions").

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While accessing and experiencing this website and our mobile applications; You as one of our users and customer have read, experienced, understand, accept & agree that Kewl Wind LLC utilizes a substantial amount of authentic and original content and ideas within each and every game published under Kewl Wind or Kewl Wind LLC; Whether it being published, sold or advertised on Google Play Store, The App Store, STEAM, or Kewl Wind LLC official website at ("KEWLWIND.COM") .

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While accessing and experiencing this website and our mobile applications, you understand & agree that Kewl Wind LLC successfully follows Unity Asset Store Terms of Service and EULA, Unity Asset Store Provider Agreement, & any legal information from Unity regarding END-USER rights and obligations based on the company's current subscription or licensing with Unity for companies, entities, or individuals that offer or produce unique assets, libraries, plug-ins for the use of developing a game from the Unity Engine, or the Unity Hub Application ("Unity Hub") , ("Unity"), with assets used from the Unity Asset Store. ("Unity Asset Store")

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While accessing and experiencing this website and our mobile applications, you understand & agree that Kewl Wind LLC successfully and appropriately collaborates & utilizes services from partners listed on our website for our company's uses & functionalities. ("KEWLWIND.COM")

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KewlTV

While accessing and experiencing this website, you understand & agree that Kewl Wind LLC's "KewlTV" section provides the following services to the best of your knowledge and agree to accept the use of all content such as: Photos, Videos, & Podcasts. ​​

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Mixkit

Mixkit offers free license that allows unlimited downloads of videos and other assets for both commercial and non-commercial projects under the Mixkit Stock Video Free License.

 

While accessing and experiencing this website and our mobile applications; You as one of our users and customer have read, experienced, understand, accept & agree that Kewl Wind, LLC ("Kewl Wind", Kewl Wind, LLC") only utilizes free, non-exclusive, limited, non-transferable, and freely revocable videos and pictures from Mixkit. ("MIXKIT", ("MIXKIT.COM") and completely agree and understand the use of these videos offered as appropriate and legal to utilize throughout our website at Kewl Wind ("Kewl Wind", Kewl Wind, LLC").

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Website Audio

By accessing and using this website and our mobile applications, you ("User") acknowledge that you have read, understood, and agree to the following terms. Kewl Wind, LLC ("Kewl Wind") exclusively utilizes original, authentic audio created by artists who have granted permission for its use. You further understand and agree that all audio featured on our website (KewlWind.com) is provided for free use and will not be sold or distributed online or elsewhere.

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Cookies

We employ the use of cookies. By accessing Kewl Wind, you agreed to use cookies in agreement with the Kewl Wind LLC's Privacy Policy.

Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.

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License

Unless otherwise stated, Kewl Wind LLC and/or its licensors own the intellectual property rights for all material on Kewl Wind. All intellectual property rights are reserved. You may access this from Kewl Wind for your own personal use subjected to restrictions set in these terms and conditions.

You must not:

• Republish material from Kewl Wind

• Sell, rent or sub-license material from Kewl Wind

• Reproduce, duplicate or copy material from Kewl Wind

• Redistribute content from Kewl Wind

This Agreement shall begin on the date hereof. Our Terms and Conditions were created with the help of the Terms and Conditions Generator.​

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Hyperlinking to our Content

The following organizations may link to our Website without prior written approval:

• Government agencies;

• Search engines;

• News organizations;

• Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and

• System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.

We may consider and approve other link requests from the following types of organizations:

• commonly-known consumer and/or business information sources;

• dot.com community sites;

• associations or other groups representing charities;

• online directory distributors;

• internet portals;

• accounting, law and consulting firms; and

• educational institutions and trade associations.

We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Kewl Wind LLC; and (d) the link is in the context of general resource information.

These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.

If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Kewl Wind LLC. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.

Approved organizations may hyperlink to our Website as follows:

• By use of our corporate name; or

• By use of the uniform resource locator being linked to; or

• By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.

No use of Kewl Wind LLC's logo or other artwork will be allowed for linking absent a trademark license agreement.

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iFrames

Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.

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Content Liability

We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

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Your Privacy

Please read Privacy Policy

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Reservation of Rights

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

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Removal of links from our website

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.

We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

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User-Generated Content

Parts of this website offer an opportunity for users to post and exchange opinions, videos, photos, and information in certain areas of the website. Kewl Wind LLC does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of Kewl Wind LLC,its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, Kewl Wind LLC shall not be liable for the Comments, opinions, videos, photos, information, or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

Kewl Wind LLC reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.

You warrant and represent that:

• You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;

• The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;

• The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy

• The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

You hereby grant Kewl Wind LLC a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.​

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To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

• limit or exclude our or your liability for death or personal injury;

• limit or exclude our or your liability for fraud or fraudulent misrepresentation;

• limit any of our or your liabilities in any way that is not permitted under applicable law; or

• exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.

As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

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Service Agreement For Sponsorships

​THIS GENERAL SERVICE AGREEMENT (the "Agreement") is dated on the updated date provided above. 

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CLIENT ("the "Client"): To Whom Is A Sponsor, Sponsoring, or Will Become A Sponsor With Us.

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CONTRACTOR (the "Contractor"): Kewl Wind LLC 1580 N Logan St Ste 660PMB 471828 Denver, Colorado 80203.

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BACKGROUND

          A. The Client is of the opinion that the Contractor has the necessary qualifications, experience and abilities to prove services to the Client.

          B. The Contractor is agreeable to providing such services to the Client on the terms and conditions set out in this Agreement.

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IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Client and the Contractor (individually the "Party" and collectively the Parties" to this Agreement) agree as follows:

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SERVICE PROVIDED

          1. The Client hereby agrees to engage the Contractor to provide the Client with the following services ("the Services"):

• Logo Placement On Website.

          2. The Services will also include any other tasks which the Parties may agree on. The Contractor hereby agrees to provide such Services to the Client.

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TERM OF AGREEMENT

          3. The term of this agreement ("Terms & Conditions") Sponsorship section, ("Service Agreement For Sponsorships") will begin on the date of this Agreement and will remain in full force and effect for the time after, subject to earlier termination as provided in this Agreement. The Term may be extended with the written/digital consent of the Parties, The Client and the Contractor (individually the "Party" and collectively the Parties" to this Agreement). All sponsorship purchases are final and proof of logo placement will be given after the purchase of clients. ("The Client"). For the sponsorship service, Logo Placements will be placed on website for 60 days regardless of amount of exposure or traffic coming from either Party. The Client and the Contractor (individually the "Party" and collectively the Parties" to this Agreement) both agree to the terms stated above.

You accept and agree that all sponsorship purchases are final and proof of logo was provided after purchasing service of:

• Logo Placement On Website ("KEWLWIND.COM), anywhere on website chosen and wholly suggested by The Contractor of this Agreement. ("Kewl Wind LLC").

   

4. In the event that either Party wishes to terminate this Agreement prior to , that Party will be required to provide 10 days' written notice to the other Party.

 

PERFORMANCE

          5. The Party agree to do everything necessary to ensure that the terms of this Agreement take effect.

CECURRENCY

          6. Except as otherwise provided in this Agreement, all monetary amounts referred to in this Agreement are in USD (US Dollars).

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COMPENSATION

          7. The Contractor will charge the Client a flat fee of $100.00 for the Services (the "Compensation")

The Compensation as stated in this Agreement includes sales tax (Denver, Colorado State Sales Tax), or other applicable duties as may be required by law. Any sales tax and duties required by law will  be charged to the Client in addition to the Compensation.

          8. The Contractor will invoice the Client when the Services are complete.

          9. Invoices submitted by the Contractor to the Client ae due upon receipt.

          10. In the event that this Agreement is terminated by the Client prior to completion of the Services but where the Services have been partially performed, the Contractor will be entitled to pro data payment of the Compensation to the data of termination provided that there has been no breach of contract on the part of the Contractor.

          11. The Compensation as stated in this Agreement does not include sales tax, or other applicable duties as may be required by law. Any sales tax and duties required by law will be charged to the Client in addition to the Compensation.

          12. The Contractor will not be reimbursed for any expenses incurred in connection with providing the Services of this Agreement.

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TRADE SECRETS

          13. Trade secrets ("Trade Secrets") include but are not limited to any data or information, technique or process, tool or mechanism, formula or compound, pattern or test results relating to the business of the Client, which are secret and proprietary to the Client, and which give the business a competitive advantage where the release of that Trade Secret could be reasonably expected to cause harm to the Client.

          14. The Contractor agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any Trade Secrets which the Contractor has obtained, except as authorized by the Client or as required by law. The obligations of confidentiality will apply during the Term and will survive indefinitely upon termination of this Agreement.

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TRADE SECRETS OWNERSHIP OF INTELLECTUAL PROPERTY

          15. All Intellectual property and related material (the "Intellectual Property") that is developed or produced under this Agreement, will be the property of the contractor. The Client is granted a non-exclusive limited-use license of this Intellectual Property.

          16. Title, copyright, intellectual property rights and distribution rights of the Intellectual Property remain exclusively with the Contractor.

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RETURN OF PROPERTY

          17. Upon the expiration or termination of the Agreement, the Contractor will return to the Client any property, documentation, records, or confidential information which is the property of the Client.

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CAPACITY/INDEPENDENT CONTRACTOR

          18. In providing the Service under this Agreement it is expressly agreed that the Contractor is acting as an independent contractor and not as an employee. The Contractor and the Client acknowledge that this Agreement does not create a partnership or joint venture between them, and is exclusively a contractor for service. The Client is not required to pay, or make any contributions to, any s social security, local, state or federal tax, unemployment compensation, workers' compensation, insurance premium, profit-sharing, pension or any other employee benefit for the Contractor during the Term. The Contractor is responsible for paying, and complying with reporting requirements for, all local, state and federal taxes related to payments made to the Contractor under this Agreement. This Sales Tax Includes Denver Colorado Sales Tax. 2025: 8.81%

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RIGHT OF SUBSTITUTION

          19. Except as otherwise provided in this Agreement, the Contractor may, at the Contractor's absolute discretion, engage a third party sub-contract may to perform some or all of the obligations of the Contractor under this Agreement and the Client will not hire or engage any third parties to assist with the provision of the Services.

          20. In the event that the Contractor hires a sub-contractor:

• the Contractor will pay the sub-contractor for its services and the Compensation will remain payable by the Client to the Contractor.

• for the purposes of the indemnification clause of this Agreement, the sub-contractor is an agent of Contractor.

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AUTONOMY

          21. Except as otherwise provided in this Agreement, the Contractor will have full control over working time, methods, and decision making in relation to provision of the Services in accordance with the Agreement. The Contractor will work autonomously and not at the direction of the Client. However, the Contractor will be responsive to the reasonable needs and concerns of the Client.

          22. Except as otherwise provided in this Agreement, the contractor will provide at the Contractor's own expense, any and all tools, machinery, equipment, raw materials, supplies, workwear and any other items or parts necessary to deliver the Service in accordance with the Agreement.

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NO EXCLUSIVITY

          23. The Parties acknowledge that this Agreement is non-exclusive and that either Party will be free, during and after the Term, to engage or contract with third parties for the provision of services similar to the Services.

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NOTICE

          24. All notices, requests, demands or other communications required or permitted by the terms of this Agreement will be given in writing and delivered to the Parties at the following address: 1580 N Logan St Ste 660PMB 471828 Denver, Colorado 80203-1994​

or to such other address as either Party may from time to time notify the other, and will b e deemed to be properly delivered (a) immediately upon being served personally, (b) two days after being deposited with the postal service if served by registered mail, or (c) the following day after being deposited with an overnight courier.

 

IDEMNIFICATION

          25. Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted by applicable law, each Party agrees to indemnify and hold harmless the other Party, and its respective directors, shareholders, affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of the indemnifying party, its respective directors, shareholders, affiliates, officers, agents, employees, and permitted successors and assigns that occurs in connection with this Agreement. This indemnification will survive the termination of this Agreement.

          26. Any amendment or modifications of this Agreement or additional obligation assumed by either Party in connection with this Agreement will only be binding if evidenced in writing / digital signed by each Party or an authorized representative of each Party.

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TIME OF THE ESSENCE

          27. Time is of the essence in this Agreement will operate as a waiver of this provision.

ASSIGNMENT

          28. The Contractor will not voluntarily, or by operation of law, assign or otherwise transfer its obligations under this Agreement without prior / digitally written consent for of the Client.

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ENTIRE AGREEMENT

          29. It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement except as expressly provided in this Agreement.

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ENSUREMENT

          30. This Agreement will ensure to the benefit of and be binding on the Parties and their respective heirs, executors, administrators and permitted successors and assigns.

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NOTICE TITLES/HEADINGS

          31. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement.

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GENDER

          32. Words in the singular mean and include the plural and vice versa. Words in this masculine mean and include the feminine and vice versa.

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GOVERNING LAW

          33. This Agreement will be governed by and construed in accordance with the laws of the State of Colorado.

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NOTICE SEVERABILITY

          34. In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continued to be valid and enforceable with the invalid unenforceable parts severed from the remainder of the Agreement.

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WAIVER

          35. The waiver by either Party of a breach, default, delay or omission of any of the provisions of this Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.