Welcome to WinkU!
By creating a WinkU account or using WinkU Services, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy. incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use WinkU Services.
You shall be deemed to have agreed to all of the various terms in these Terms of Use due to your access to or continuing use of WinkU Services. If you do not understand all of these Terms of Use, you should seek for legal opinions before agreeing to any of the Terms of Use.
You understand and acknowledge that when using WinkU Services, you will be exposed to content from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content.
YOU AFFIRM THAT YOU ARE AT LEAST 18 YEARS OF AGE,AND ARE FULLY ABLE AND COMPETENT TO ENTER INTO THE TERMS, CONDITIONS, OBLIGATIONS, AFFIRMATIONS, REPRESENTATIONS, AND WARRANTIES SET FORTH IN THESE TERMS OF USE, AND TO ABIDE BY AND COMPLY WITH THESE TERMS OF USE. IF YOU ARE UNDER 18, YOU MAY ONLY USE WinkU SERVICES UNDER THE SUPERVISION OF A PARENT OR LEGAL GUARDIAN WHO AGREES TO BE BOUND BY THESE TERMS OF USE. AND UNDER WinkU’S PARENTAL CONTROL MODE.
YOU MAY ONLY USE OUR SERVICE IF YOU ARE 18 YEARS OR OLDER, AND IF YOU ARE NOT SUBJECT TO STATUTORY AGE LIMIT TO ENTER INTO THIS AGREEMENT ACCORDING TO THE APPL ICABLE LAWS AND REGULATIONS IN YOUR COUNTRY.
Some of WinkU Services provided by us require payment ("Paid Services"), when you use such Paid Services, you will be required to pay the relevant charges to us. We will notify you in advance in the event any WinkU Services that will or may be used by you in accordance with these Terms of Use will be a Paid Service.
By purchasing any Paid Services through WinkU Services, you hereby consent and agree to abide by such third-party Internet payment service providers’ customer terms and conditions, and privacy policies, and understand that we have no control whatsoever on such customer terms and conditions, and privacy policies. IF YOU CANNOT AGREE OR ARE UNWILLING to such third-party Internet payment service providers’ customer terms and conditions or privacy policies, DO NOT PURCHASE ANY SERVICE.
All fees for paid services are non-refundable except where required by law.
We encourage users to upload and distribute pictures and streaming live and pre-recorded audio-visual works, to use WinkU Services, such as pictures or videos integration, chat, bulletin boards, voice interactive services, and to participate in other activities in which you may create, post, transmit, perform, or store content, messages, text, sound, images, applications, code or other data or materials on WinkU Services (“User Generated Content/UGC”).
You grant to WinkU and its sub-licensees the unlimited, sub-licensable, unconditional, irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide license, without any territorial or time limitations and without requiring any approvals and/or compensations, to communicate, broadcast, use, copy, modify, adapt, publish, translate, edit, dispose, create derivate works of, distribute, perform and publicly display such UGC (in whole or in part), and/or incorporate such UGC into existing or future forms of work, media or technology.
You, not us, shall be solely responsible for your UGC, including its legality, reliability, accuracy and appropriateness, and the consequences of streaming, posting, uploading, publishing, transmitting or otherwise making available your UGC on WinkU Services. We are not responsible, or liable to any third party, for the content or accuracy of any UGC made available by you or any other user of WinkU Services. We do not control UGC you provide or contribute and we do not make any guarantee whatsoever related to UGC submitted or contributed by users. Although we sometimes review UGC provided or contributed by users, we are not obligated to do so. Under no circumstances will we be liable or responsible in any way for any claim related to UGC provided or contributed by users.
You further agree that UGC you provide to WinkU Services will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to provide the material and to grant to WinkU Services all of the license rights granted herein.
In order to open an account, you will be asked to provide us with certain information such as a mobile number and password that will serve as your login credentials. You agree and acknowledge that our opening of an account and provision of the WinkU Services to you are subject to and conditional upon our approval of the account opening request.
You are solely responsible for maintaining the confidentiality of your account and password, for restricting access to your mobile phone, and for all activities that occur under your account or password. You acknowledge that your account is personal to you and agree not to provide any other person with access to WinkU Services or portions of it using your user name, password or other security information. You should notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. WinkU will not be liable for your losses caused by any unauthorized use of your account, but you shall be liable for any losses (including any indirect, special or consequential losses), damages, expenses, claims, liabilities and costs incurred or suffered by WinkU or other third-party service providers by reason of, in connection with and/or arising from such unauthorized use.
WinkU is committed to respecting the intellectual property rights of others and complies with all applicable copyright laws. We encourage users to respect the copyrights and other intellectual property rights of third parties while using our services. If you are a copyright owner or an authorized agent of the copyright owner, and you believe that content posted or made available on WinkU Services infringes upon your copyrighted work, we ask that you promptly notify us.
Please note that WinkU may terminate the accounts of users who repeatedly infringe upon copyrights in accordance with our policies and applicable laws. We encourage all users to respect intellectual property rights and to avoid posting any content that may violate these rights.
We, WinkU and our associated logos and names are our trademarks and/or service marks. Other trademarks, service marks, names and logos used on or through WinkU Services, such as trademarks, service marks, names or logos associated with third party content creators, are the trademarks, service marks or logos of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks, service marks or logos.
The websites and certain materials available on or through WinkU Services are content we own, created, authored, purchased, or licensed (collectively, our "Works"). Our Works may be protected by copyright, trademark, patent, trade secret and/or other laws, and we reserve and retain all rights in our Works and WinkU Services.
Unless otherwise expressly stated in writing by WinkU Services, by agreeing to these Terms of Use you are granted a limited, revocable, non-sublicensable, and non-exclusive license (i.e. a personal and limited right) to access and use the WinkU Services for your personal use or internal business use only. You are prohibited from copying, displaying, downloading, modifying, reproducing, adapting, translating, decompiling, reverse engineering, disassembling, attempting to derive source code from, or creating any derivative works of any Works, or directly or indirectly publishing, performing, rewriting or republishing any Works without prior written consent from us.
The above described license is conditioned on your compliance with these Terms of Use. If you breach any provision of these Terms of Use, any license you have obtained will be automatically rescinded and terminated. In order to protect our rights some content made available on WinkU Services may be controlled by digital rights management technologies, which will restrict how you may use WinkU Services. You must not circumvent, remove, delete, disable, alter or otherwise interfere with any digital rights management technology.
You agree that you will only use WinkU Services for the lawful purposes expressly permitted and contemplated by these Terms of Use. You acknowledge and understand that you are prohibited from modifying WinkU Services or eliminating any of the content of WinkU Services. You agree that you will not use or attempt to use any method, device, software or technologies to harm others or interfere with the functioning of WinkU Services or use and/or monitor any information in or related to WinkU Services for any unauthorized purpose.
WinkU is fully committed to maintaining a safe environment for all users, with a strict zero-tolerance policy towards Child Sexual Abuse and Exploitation (CSAE). Any content or behavior that promotes or involves CSAE is strictly prohibited on our platform and will result in immediate removal, along with permanent suspension of the offending account. In accordance with applicable laws, we take swift action to ensure that CSAE-related content is reported to the appropriate authorities.
Users who encounter any content or activity involving CSAE are encouraged to report it immediately through our platform’s reporting system. We will thoroughly investigate all reports, and if necessary, cooperate with law enforcement to support criminal investigations and prosecution.
We emphasize that any media, including images, videos, texts, or any other forms of communication that involve, encourage, or exploit minors in harmful ways, are strictly banned from our platform. Users must not post, share, or engage in such activities. Violations of this policy will lead to severe consequences, including the permanent suspension of accounts and legal action as required.
By using WinkU, you agree to help uphold our commitment to creating a safe space for all users and to report any suspicious activity that could potentially involve CSAE. The platform will continue to work closely with law enforcement agencies to prevent the exploitation of children and protect minors from harm.
To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless WinkU, their site operator, their parent corporation, their respective affiliates, licensors, service providers, officers, directors, employees, agents, successors and assigns from and against any and all claims, damages, judgments, awards, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
your use of and access to WinkU Services;
your violation of any term of these Terms of Use;
your violation of any third party right, including without limitation any copyright, property, or privacy right; or
any claim that your UGC caused damage to a third party.
This defense and indemnification obligation will survive these Terms of Use and your use of WinkU Services. You agree that we shall have the sole right and obligation to control the legal defense against any such claims, demands, or litigation, including the right to select counsel of our choice and to compromise or settle any such claims, demands, or litigation.
You use WinkU Services at your sole risk. We provide WinkU Services "as is" and "as available". To the fullest extent permitted by law, WinkU Services, their site operator and their respective officers, directors, employees, and agents expressly disclaim all warranties of any kind related to WinkU Services and goods or services purchased and obtained through WinkU Services, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You will be solely responsible for any damage to your computer system or loss of data that results from your use of WinkU Services.
NO CONDITIONS, WARRANTIES OR OTHER TERMS (INCLUDING ANY IMPLIED TERMS AS TO SATISFACTORY QUALITY, FITNESS FOR PURPOSE OR CONFORMANCE WITH DESCRIPTION) APPLY TO THE SERVICES EXCEPT TO THE EXTENT THAT THEY ARE EXPRESSLY SET OUT IN THE TERMS. WE MAY CHANGE, SUSPEND, WITHDRAW OR RESTRICT THE AVAILABILITY OF ALL OR ANY PART OF OUR PLATFORM FOR BUSINESS AND OPERATIONAL REASONS AT ANY TIME WITH OR WITHOUT NOTICE.
IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, STATUTORY, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFIT, LOSS OF GOODWILL, SERVICE INTERRUPTION, LOSS OF BUSINESS INFORMATION OR ANY OTHER ECONOMIC LOSS) IN ASSOCIATION WITH ANY INDIVIDUAL OR CLASS-ACTION CLAIM, OR ANY LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING RELATING TO OR ARISING UNDER OR OUT OF THE TERMS OF USE, EVEN IF WE HAVE BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS FOUNDED UPON CONTRACT, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, TORT, NEGLIGENCE OR OTHER GROUNDS.
YOU SPECIFICALLY ACKNOWLEDGE THAT WinkU SERVICES SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
WinkU may amend any of the terms of these Terms of Use by posting the terms, for instance when we update the functionality of WinkU Services, when we combine, reduce or terminate services operated by us or our affiliates, or when there are regulatory changes. We will also update the “Last Updated” date at the top of these Terms of Use, which reflects the effective date of such Terms of Use. We will use commercially reasonable efforts to generally notify all users of any material changes to these Terms, however You are suggested to proactively review the updated Terms. Your continued access to or use of WinkU Services after the date of the updated term of use constitutes your acceptance of the updated Terms of Use. If you do not agree to the updated Terms of Use, you must stop accessing or using WinkU Services.
If you have any questions, concerns, or need assistance with your account, please don't hesitate to reach out to us. Our team is here to help and we will do our best to respond as quickly as possible. You can contact us via email at dahateaakash@gmail.com.