Terms of Use

Last Updated August 28, 2019

Welcome to Winks (“Winks”, “We” or “Us”). By accessing the Winks application or the Winks website found at www.winks-app.com (collectively, the “Service”) you agree to be bound by these Terms of Use (these “Terms”), whether or not you create a Winks account.

We may make changes to these Terms from time to time. When we do, we will revise the “last updated” date given above. It is your responsibility to review these Terms frequently and to remain informed of any changes to them. The then-current version of these Terms will supersede all earlier versions. You agree that your continued use of our Services after such changes have been published to our Services will constitute your acceptance of such revised Terms. These Terms contain the entire understanding of the parties on the subject matter hereof.

You should also read the Winks Privacy Policy, which is incorporated by reference into these Terms and available in the Service. If you do not agree to these Terms of Use, including Winks Privacy Policy, do not use our service.

Acceptance of Terms of Use

  • These Terms are an electronic contract that establishes the legally binding terms you must accept to use Winks Service.
  • By accessing or using the Service, you accept these Terms and agree to the terms, conditions and notices contained or referenced herein and consent to have these Terms and all notices provided to you in electronic form. To withdraw this consent, you must cease using the Service and terminate your account.

Eligibility

You must be at least 13 years of age to access and use the Service. Any use of the Service is void where prohibited. By accessing and using the Service, you represent and warrant that you have the right, authority and capacity to enter into these Terms and to abide by all of the terms and conditions of these Terms. If you create an account, you represent and warrant that you have never been convicted of a felony and that you are not required to register as a sex offender with any government entity. Using the Service may be prohibited or restricted in certain countries. You are responsible for complying with the laws and regulations of the territory from which you access or use the Service.

Access to our Services

In order to use Winks, you will be asked to sign in using Facebook Login. By logging in with Facebook, you authorize Winks to access certain Facebook account information, including but not limited to your public Facebook profile. For more information about information we collect as well as how we use that information, please read our Privacy Policy.

TERMINATION

These Terms will remain in full force and effect while you use the Service and/or have a Winks account. You may disable your account at any time in the “Settings” section of Winks Service. Winks may terminate or suspend your account at any time without notice if Winks believes that you have breached these Terms, or for any other reason, with or without cause, in its sole discretion. Upon such termination or suspension, you will not be entitled to any refund of unused fees for in app purchases. Winks is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account. After your account is terminated for any reason, these Terms survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.

Restrictions

You must comply with all applicable laws when using our Service. Except as may be expressly permitted by applicable law, or as Winks may authorize expressly in writing, you will not, and will not permit anyone else to: (i) store, copy, modify, distribute, or resell any of the information; audio, visual, and audiovisual works, or other content made available on our Service (collectively, “Service Content”) or compile or collect any Service Content as part of a database or other work; (ii) use any automated tool (e.g., robots, spiders) to access or use our Services or to store, copy, modify, distribute, or resell any Service Content; (iii) rent, lease, or sublicense your access to our Service to another person; (iv) use any Service or Service Content for any purpose except for your own internal use; (v) circumvent or disable any digital rights management, usage rules, or other security features of our Service; (vi) use our Service in a manner that overburdens, or that threatens the integrity, performance, or availability of, our Service; or (vii) remove, alter, or obscure any proprietary notices (including copyright and trademark notices) on any portion of our Service or any Service Content.

Account Security

You are responsible for maintaining the confidentiality of your authorization token received during the registration process, and you are solely responsible for all activities that occur under your Winks account. You agree to immediately notify Winks of any disclosure or unauthorized use of your authorization token or any other breach of security at support@winks-app.com.

Interaction with Other Users

  • You are solely responsible for your interactions with other Winks users. You understand that Winks currently does not conduct criminal background checks or screenings on its users. Winks also does not inquire into the backgrounds of all of its users or attempt to verify the statements of its users. Winks makes no representations or warranties as to the conduct of users or their compatibility with any current or future users. Winks reserves the right to conduct any criminal background check or other screenings (such as sex offender register searches), at any time and using available public records.
  • Winks is not responsible for the conduct of any user. In no event shall Winks, its affiliates or its partners be liable (directly or indirectly) for any losses or 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, death, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other users or persons you meet through the Service. You agree to take all necessary precautions in all interactions with other users, particularly if you decide to communicate off the Service or meet in person, or if you decide to send money to another user. You understand that Winks 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), or wire or otherwise send money, to other users.

Content posted by you in Winks

  • You are solely responsible for the content and information that you post, upload, publish, link to, transmit, record, display or otherwise make available (hereinafter, “post”) on the Service or transmit to other users, including photographs, text or profile text. You may not post as part of the Service, or transmit to Winks or any other user (either on or off the Service), any offensive, inaccurate, incomplete, abusive, obscene, profane, threatening, intimidating, harassing, racially offensive, or illegal material, or any material that infringes or violates another person’s rights (including intellectual property rights, and rights of privacy and publicity). You represent and warrant that all information that you submit upon creation of your account, including information submitted from your Facebook account, is accurate and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, incomplete, misleading or false. You also warrant that any information you provide about your Instagram and Snapchat accounts, should you decide to provide your Instagram and Snapchat usernames to Winks, are accurate and truthful.
  • You understand and agree that Winks may, but is not obligated to, monitor or review any content you post as part of a Service. Winks may delete any content, in whole or in part, that in the sole judgment of Winks violates these Terms or may harm the reputation of the Service or Winks.
  • Your use of the Service, including all content you post through the Service, must comply with all applicable laws and regulations. You agree that Winks may access, preserve and disclose your account information and content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce these Terms; (iii) respond to claims that any content violates the rights of third parties; (iv) respond to your requests for customer service or allow you to use the Service in the future; or (v) protect the rights, property or personal safety of Winks or any other person.
  • Winks reserves the right to investigate, suspend and/or terminate your account if you have misused the Service or behaved in a way Winks regards as inappropriate or unlawful, including actions or communications the occur off the Service but involve users you meet through the Service.

Disclaimer of Warranties

YOUR USE OF THE SERVICE AND THE SERVICE CONTENT IS AT YOUR SOLE RISK. THE SERVICE AND THE SERVICE CONTENT EACH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE AND OUR SUPPLIERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED INDEMNITIES AND WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SERVICE OR ANY SERVICE CONTENT, AND YOU RELY ON THE SERVICES AND SERVICE CONTENT AT YOUR OWN RISK. ANY MATERIAL THAT YOU ACCESS OR OBTAIN THROUGH OUR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL THROUGH OUR SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM OUR SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

Limitation of Liability

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL WINKS, ITS AFFILIATES, BUSINESS PARTNERS, LICENSORS OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, RELIANCE, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF GOODWILL, DAMAGES FOR LOSS, CORRUPTION OR BREACHES OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF WINKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, WINKS LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO WINKS FOR THE SERVICE WHILE YOU HAVE AN ACCOUNT. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICE OR THE TERMS OF THIS AGREEMENT MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

Idemnity

You will defend, indemnify and hold us, our suppliers and licensors, and our respective subsidiaries, affiliates, officers, agents, employees, representatives, and assigns harmless from any costs, damages, expenses, and liability caused by your use of the Service and Service Content, your violation of these Terms, or your violation of any rights of a third party through use of the Service or Service Content.

Notice

Winks may provide you with notices, including those regarding changes to these Terms, using any reasonable means now known or hereafter developed, including by email, regular mail, SMS, MMS, text message or postings in the Service. Such notices may not be received if you violate these Terms by accessing the Service in an unauthorized manner. You agree that you are deemed to have received any and all notices that would have been delivered had you accessed the Service in an authorized manner.