Last Updated August 28, 2019
Welcome to Winks (“Winks”, “We” or “Us”). By accessing the Winks application or the Winks website found at
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.
into these Terms and available in the Service.
do not use our service.
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.
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
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.
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.
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 firstname.lastname@example.org.
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.
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.
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.
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.