Wink'd Terms and Conditions
This web site (the "Website") is owned and operated by Winkd, Ltd. ("Winkd,", “Wink’d”, "we," or "us"). Please read these Terms and Conditions of Use (the "Terms") carefully before using this Website. Your use of this web site or other Internet services provided by Winkd (the "Service") constitutes acceptance of these Terms. If you do not agree to these Terms, please do not use the Service. We reserve the right to change, add, or remove any of these Terms at any time by posting changes on this page. Your continued use of the Service following the posting of changes to these Terms means you accept such changes.
Electronic Agreement. This Agreement is an electronic contract that sets out the legally binding terms of your use of the Website and your Subscribership in the Service. By accessing the Website or becoming a Member, you consent to have this Agreement provided to you in electronic form.
User Conduct. You expressly agree that you are over the age of eighteen (18) and/or you will not use the Service for any purpose that is unlawful or prohibited by these Terms. You agree to abide by all applicable local, city, country, and international laws and regulations and are solely responsible for all acts or omissions that occur under your user name, including the content of your transmissions through the Service. Any unauthorized commercial use of the Service, Winkd's servers, or Internet infrastructure, is expressly prohibited. Without Winkd's prior written consent you may not reproduce, distribute, modify, display derivative works based on, repost, or otherwise use the content of this web site. Nothing contained herein shall be construed as conceding any license or right under any copyright or other intellectual property right. Winkd reserves the right to monitor, review, retain, and/or disclose any information necessary to satisfy any applicable law, regulation, legal process, or legitimate governmental request.
Subscribership and Subscription; Pricing. You may access certain elements of the Website at no cost. In order to access additional features and services, you must become a paying subscriber to the Service. Please see "Subscribe" or "Join us" for a description of the current subscription plan and prices.
Term. These Terms will remain in full force and effect while you use the Website and/or the Service. You may terminate your Subscribership and/or subscription at any time, for any reason, by sending notification by email to . If you resign or cancel your subscription via the www.winkd.me website, you may be asked to provide a reason for your termination. If you terminate your subscription, your subscription will remain active until the end of your then-current subscription period (i.e. the period through which you had paid prior to termination). Winkd.me may terminate your subscription by sending notice to you at the email address you provide in your application for subscription. If Winkd.me terminates your subscription, you will not be entitled to any refund of termination of subscription fees. All decisions made by Winkd are made in www.winkd.me’s sole discretion and are final. Winkd.me is not required to provide you with a reason for termination. All terms that by their nature may survive termination of these terms shall be deemed to survive such termination.
Non-commercial Use by Subscribers. The Website is for the personal use of individual subscribers only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become Subscribers and should not use the Service or the Website for any purpose. Illegal and/or unauthorized uses of the Website, including collecting usernames and/or email addresses of Subscribers by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website may be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Website is with the permission of Winkd.me which may be revoked at any time, for any reason, in Winkd.me’s sole discretion.
Registration and Passwords; Account Security. In order to use the Service, you may be required to register with us. By registering, you agree to provide accurate and complete information about yourself and to maintain and update the information. During the registration process, you may be asked to designate a user name and password. You are responsible for maintaining the confidentiality of your user name and password, and you are responsible for all activities that occur under your user name and password, whether or not authorized by you. You agree to (a) immediately notify Winkd.me of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Winkd.me will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Minors. You may not register on the Website unless you are at least 18 years old. By registering on the Website you are representing to us that you are at least 18 years old. If you are under 18, you should get your parent's permission before using the Website. Parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to online material that is harmful to minors. Please note that some Winkd products and services may be available only to individuals at least 18 years old.
YOUR INTERACTIONS WITH OTHER SUBSCRIBERS. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER SUBSCRIBERS. YOU UNDERSTAND THAT WINKD.ME DOES NOT IN ANY WAY SCREEN ITS SUBSCRIBERS, NOR DOES WINKD.ME INQUIRE INTO THE BACKGROUNDS OF ITS SUBSCRIBERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS SUBSCRIBERS. WINKD.ME MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF SUBSCRIBERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE SUBSCRIBERS. IN NO EVENT SHALL WINKD.ME BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF THIS SERVICE OR PERSONS YOU MEET THROUGH THE SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER SUBSCRIBERS OF THE SERVICE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON . YOU UNDERSTAND THAT WINKD.ME MAKES NO GUARANTEES, EITHER EXPRESS OR IMPLIED, REGARDING YOUR ULTIMATE COMPATIBILITY WITH INDIVIDUALS YOU MEET THROUGH THE SERVICE. YOU SHOULD NOT PROVIDE YOUR FINANCIAL INFORMATION (FOR EXAMPLE, YOUR CREDIT CARD OR BANK ACCOUNT INFORMATION) TO OTHER SUBSCRIBERS.
Disclaimers/Limitation of Liability. You use the Service at your own risk. Neither Winkd nor any other party involved in creating, producing, or delivering the Service is liable for any direct, indirect, incidental, consequential, or punitive damages arising out of your access to, or use of, the Service. The material contained in this Website may contain inaccuracies and errors. Winkd does not guarantee that the functional aspects of the Website will be uninterrupted or error-free or that this Website or the server that provides it are free of viruses or other harmful components. Everything on the Website is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Winkd also assumes no responsibility and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to or use of the Service or your downloading of any materials, data, text, images, video, or audio from this Website.
Proprietary Rights. Winkd.me owns and retains all proprietary rights in the Website and the Service. The Website contains the copyrighted material, trademarks, and other proprietary information of Winkd.me, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
Your Content. You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service, or transmit to other Subscribers. You will not post on the Service, or transmit to other Subscribers, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading or false information to the Company or to any other Member. If information provided to Winkd.me, or another Member, subsequently becomes inaccurate, misleading or false, you will promptly notify Winkd.me of such change.
You understand and agree that Winkd.me may review and delete any content, messages, emails, photos or profiles (collectively, "Content"), in each case in whole or in part, that in the sole judgment of Winkd.me violate these Terms or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Subscribers.
Public Forums. By posting Content to any public area of Winkd.me, you automatically grant, and you represent and warrant that you have the right to grant, to Winkd.me, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your content by Winkd.me will not infringe or violate the rights of any third party.
Prohibited Content. The following is a partial list of the kind of Content that is illegal or prohibited on the Website. Winkd.me reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the Subscribership of such violators. It includes, but is not limited to, Content that:
- is offensive, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; is patently offensive to the online community, harasses or advocates harassment of another person;
- involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
- promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
- contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
- provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18;
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and engages in commercial activities and/or sales without our prior written consent.
All information you include in your profile must be accurate, current and complete.
Prohibited Activities. Winkd.me reserves the right to investigate and terminate your Subscribership if you have misused the Service, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal. The following is a partial list of the type of actions that you may not engage in with respect to the Service:
- You will not impersonate any person or entity.
- You will not "stalk" or otherwise harass any person.
- You will not express or imply that any statements you make are endorsed by winkd.me without our specific prior written consent
- You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
- You will not remove any copyright, trademark or other proprietary rights notices contained in the Service.
- You will not interfere with or disrupt the Service or the Website or the servers or networks connected to the Service or the Website.
- You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
- You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service.
- You will not "frame" or "mirror" any part of the Service or the Website, without Winkd.me's prior written authorization. You also shall not use meta tags or code or other devices containing any reference to Winkd.me or the Service or the site in order to direct any person to any other web site for any purpose.
- You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or the Website or any software used on or for the Service or cause others to do.
Links. Winkd has not reviewed all of the sites that you may link to from this Website. These sites may contain information or material that some people may find inappropriate or offensive. Winkd does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from any site. We offer these links to you only as a convenience, and inclusion of any link does not imply endorsement of the site. Your dealings with third parties accessed through this Website, including payment and delivery of goods or services offered by such third parties, are solely between you and such third parties. You agree that Winkd is not responsible or liable for any loss or damage you incur as a result of your dealings with such third parties through this Website.