TERMS OF USE
Last revised on March 21, 2018


Welcome to the mobile application WiNK, Inc. (the “Company” or “WiNK”).
By accessing the WiNK application or its website found at www.theWiNKapp.com,
whether through a mobile device, mobile application or computer (collectively, the
“Service”) you agree to be bound by these Terms of Use (this “Agreement”),
whether or not you create a WiNK account. If you wish to create a WiNK account
and make use of the Service, please read these Terms of Use.
You should also read the WiNK Privacy Policy, which is incorporated by reference
into this Agreement and available in the Service. If you do not accept and agree to
be bound by all of the terms of this Agreement, including the WiNK Privacy Policy,
do not use the Service. Please contact us with any questions regarding this agreement.


1. Acceptance of Terms of Use Agreement.
a. This Agreement is an electronic contract that establishes the
legally binding terms you must accept to use the Service. This Agreement
includes the Company’s (i) Privacy Policy, (ii) our Safety Tips and (iii) terms
disclosed and agreed to by you if you purchase or accept additional features,
products or services we offer on the Service, such as terms governing
features, billing, free trials, discounts and promotions.
b. By accessing or using the Service, you accept this Agreement
and agree to the terms, conditions and notices contained or referenced herein
and consent to have this Agreement and all notices provided to you in
electronic form. To withdraw this consent, you must cease using the Service
and terminate your account. Please print a copy of this Agreement for your
records. This Agreement may be modified by the Company from time to time,
such modifications to be effective upon posting by the Company in the Service.


2. Eligibility.

No part of WiNK is directed to persons under the age of 18.
You must be at least 18 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 this Agreement and to abide by all of the terms and conditions of
this Agreement. 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. If you use the Service from
outside of the United States, you are responsible for complying with the laws
and regulations of the territory from which you access or use the Service.


3. Creating an Account.

In order to use WiNK, you may sign in using
your Facebook login. If you do so, you authorize us to access and use certain
Facebook account information, including but not limited to your public
Facebook profile and information about Facebook friends you might share in
common with other WiNK users. For more information regarding the
information we collect from you and how we use it, please consult our Privacy Policy.


4. Term and Termination.

This Agreement will remain in full force and
effect while you use the Service and/or have a WiNK account. You may
disable your account at any time, for any reason, by following the instructions
in “Settings” in the Service. The Company may terminate or suspend your
account at any time without notice if the Company believes that you have
breached this Agreement, 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. The Company 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, all terms of this Agreement survive such
termination, and continue in full force and effect, except for any terms that by
their nature expire or are fully satisfied.


5. Non-commercial Use by Users.

The Service is for personal use only.
Users may not use the Service or any content contained in the Service
(including, but not limited to, content of other users, designs, text, graphics,
images, video, information, logos, software, audio files and computer code) in
connection with any commercial endeavors, such as (i) advertising or
soliciting any user to buy or sell any products or services not offered by the
Company or (ii) soliciting others to attend parties or other social functions, or
networking, for commercial purposes. Users of the Service may not use any
information obtained from the Service to contact, advertise to, solicit, or sell to
any other user without his or her prior explicit consent. Organizations,
companies, and/or businesses may not use the Service or the Service for any
purpose except with WiNK’s express consent (such as for promoted profiles
or other advertisements), which WiNK may provide or deny in its sole
discretion. The Company may investigate and take any available legal action
in response to illegal and/or unauthorized uses of the Service, including
collecting usernames and/or email addresses of users by electronic or other
means for the purpose of sending unsolicited email and unauthorized framing
of or linking to the Service.


6. Account Security.

You are responsible for maintaining the
confidentiality of the username and password you designate during the
registration process, and you are solely responsible for all activities that occur
under your username and password. You agree to immediately notify the
Company of any disclosure or unauthorized use of your username or
password or any other breach of security and ensure that you log out from
your account at the end of each session.


7. Your Interactions with Other Users.


1. YOU ARE SOLELY RESPONSIBLE FOR YOUR
INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT THE
COMPANY CURRENTLY DOES NOT CONDUCT CRIMINAL
BACKGROUND CHECKS OR SCREENINGS ON ITS USERS. THE
COMPANY ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF
ALL OF ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS
USERS. THE COMPANY MAKES NO REPRESENTATIONS OR
WARRANTIES AS TO THE CONDUCT OF USERS OR THEIR
COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS. THE
COMPANY 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.

2. The Company is not responsible for the conduct of any
user. As noted in and without limiting Sections 15 and 17 below, in no
event shall the Company, 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 the Company 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.


8. Proprietary Rights. The Company owns and retains all proprietary
rights in the Service, and in all content, trademarks, trade names, service
marks and other intellectual property rights related thereto. The Service
contains the copyrighted material, trademarks, and other proprietary
information of the Company and its licensors. You agree to not copy, modify,
transmit, create any derivative works from, make use of, or reproduce in any
way any copyrighted material, trademarks, trade names, service marks, or
other intellectual property or proprietary information accessible through the
Service, without first obtaining the prior written consent of the Company or, if
such property is not owned by the Company, the owner of such intellectual
property or proprietary rights. You agree to not remove, obscure or otherwise
alter any proprietary notices appearing on any content, including copyright,
trademark and other intellectual property notices.


9. Content Posted by You in the Service.
1. 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 text messages, chat, videos (including streaming videos),
photographs, or profile text, whether publicly posted or privately transmitted
(collectively, “Content”). You may not post as part of the Service, or transmit
to the Company 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 (i) 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 and (ii)
you have the right to post the Content on the Service and grant the licenses
set forth below.

2. You understand and agree that the Company may, but is not
obligated to, monitor or review any Content you post as part of a Service. The
Company may delete any Content, in whole or in part, that in the sole
judgment of the Company violates this Agreement or may harm the reputation
of the Service or the Company.

3. By posting Content as part of the Service, you automatically
grant to the Company, its affiliates, licensees and successors, an irrevocable,
perpetual, non-exclusive, transferable, sub-licensable, fully paid-up,
worldwide right and license to (i) use, copy, store, perform, display, reproduce,
record, play, adapt, modify and distribute the Content, (ii) prepare derivative
works of the Content or incorporate the Content into other works, and (iii)
grant and authorize sublicenses of the foregoing in any media now known or
hereafter created. You represent and warrant that any posting and use of your
Content by the Company will not infringe or violate the rights of any third party.

4. In addition to the types of Content described in Section 9(a)
above, the following is a partial list of the kind of Content that is prohibited in
the Service. You may not post, upload, display or otherwise make available
Content that:


• that promotes racism, bigotry, hatred or physical harm of any kind
against any group or individual;
• advocates harassment or intimidation of another person;
• requests money from, or is intended to otherwise defraud, other
users of the Service;
• involves the transmission of “junk mail”, “chain letters,” or
unsolicited mass mailing or “spamming” (or “spimming”, “phishing”,
“trolling” or similar activities);
• promotes information that is false or misleading, or promotes illegal
activities or conduct that is defamatory, libelous or otherwise objectionable;
• 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 manufactureinstalled
copy-protect devices, or providing pirated images, audio
or video, or links to pirated images, audio or video files;
• contains video, audio photographs, or images of another person
without his or her permission (or in the case of a minor, the minor’s legal guardian);
• 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 in a sexual, violent or other
illegal 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 or drugs, violating someone’s
privacy, or providing, disseminating or creating computer viruses;
• contains viruses, time bombs, trojan horses, cancelbots, worms or
other harmful, or disruptive codes, components or devices;
• impersonates, or otherwise misrepresents affiliation, connection or
association with, any person or entity;
• provides information or data you do not have a right to make
available under law or under contractual or fiduciary relationships
(such as inside information, proprietary and confidential
information);
• disrupts the normal flow of dialogue, causes a screen to “scroll”
faster than other users are able to type, or otherwise negatively
affects other users’ ability to engage in real time exchanges;
• solicits passwords or personal identifying information for
commercial or unlawful purposes from other users or disseminates
another person’s personal information without his or her permission; and
• publicizes or promotes commercial activities and/or sales without
our prior written consent such as contests, sweepstakes, barter,
advertising, and pyramid schemes.


The Company reserves the right, in its sole discretion, to investigate and take any
legal action against anyone who violates this provision, including removing the
offending communication from the Service and terminating or suspending the account of such violators.


5. Your use of the Service, including all Content you post through
the Service, must comply with all applicable laws and regulations. You agree
that the Company 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 this Agreement; (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 the Company or any other person.


6. You agree that any Content you place on the Service may be
viewed by other users and may be viewed by any person visiting or participating in the Service.

10. Prohibited Activities.

The Company reserves the right to investigate,
suspend and/or terminate your account if you have misused the Service or
behaved in a way the Company regards as inappropriate or unlawful,
including actions or communications the occur off the Service but involve
users you meet through the Service. 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.
• solicit money from any users.
• post any Content that is prohibited by Section 9.
• “stalk” or otherwise harass any person.
• express or imply that any statements you make are endorsed by the
Company without our specific prior written consent.
• use the Service in an illegal manner or to commit an illegal act;
• access the Service in a jurisdiction in which it is illegal or unauthorized;
• ask or use users to conceal the identity, source, or destination of any
illegally gained money or products.
• use any robot, spider, site search/retrieval application, or other manual
or automatic device or process to retrieve, index, “data mine”, or in any
way reproduce or circumvent the navigational structure or presentation
of the Service or its contents.
• collect usernames and/or email addresses of users by electronic or
other means for the purpose of sending unsolicited email or
unauthorized framing of or linking to the Service.
• interfere with or disrupt the Service or the servers or networks
connected to the Service.
• 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.
• forge headers or otherwise manipulate identifiers in order to disguise
the origin of any information transmitted to or through the Service (either
directly or indirectly through use of third party software).
• “frame” or “mirror” any part of the Service, without the Company's prior
written authorization.
• use meta tags or code or other devices containing any reference to the
Company or the Service (or any trademark, trade name, service mark,
logo or slogan of the Company) to direct any person to any other
website for any purpose.
• modify, adapt, sublicense, translate, sell, reverse engineer, decipher,
decompile or otherwise disassemble any portion of the Service any
software used on or for the Service, or cause others to do so.
• post, use, transmit or distribute, directly or indirectly, (e.g. screen
scrape) in any manner or media any content or information obtained
from the Service other than solely in connection with your use of the
Service in accordance with this Agreement.


1. Customer Service.

The Company provides assistance and guidance
through its customer care representatives. When communicating with our
customer care representatives, you agree to not be abusive, obscene,
profane, offensive, sexist, threatening, harassing, racially offensive, or to not
otherwise behave inappropriately. If we feel that your behavior towards any of
our customer care representatives or other employees is at any time
threatening or offensive, we reserve the right to immediately terminate your account.


1. In App Purchases. From time to time, WiNK may offer additional products and
services for purchase through the App Store ℠, Google Play or other application
platforms (“in app purchases”). If you choose to make an in app purchase, you
will be prompted to enter details for your account with the mobile platform you
are using (e.g., Apple, Android, etc.) (“your IAP Account”), and your IAP Account
will be charged for the in app purchase in accordance with the terms disclosed to
you at the time of purchase as well as the general terms for in app purchases
that apply to your IAP Account. In app purchases may include a free trial period.
At the end of the free trial period, you will be charged the price of the subscription
and will continue to be charged until you cancel your subscription. To avoid any
charges, you must cancel before the end of the trial period. If you purchase an
auto-recurring periodic subscription through an in app purchase, your IAP
Account will be billed continuously for the subscription until you cancel in
accordance with the platform terms. In call cases, please refer to the terms of
your application platform which apply to your in app purchases.


2. Modifications to Service. The Company reserves the right at any time to modify
or discontinue, temporarily or permanently, the Service (or any part thereof) with
or without notice. You agree that the Company shall not be liable to you or to any
third party for any modification, suspension or discontinuance of the Service. To
protect the integrity of the Service, the Company reserves the right at any time in
its sole discretion to block users from certain IP addresses from accessing the Service.


3. Copyright Policy; Notice and Procedure for Making Claims of Copyright
Infringement.
You may not post, distribute, or reproduce in any way any
copyrighted material, trademarks, or other proprietary information without
obtaining the prior written consent of the owner of such proprietary rights.
Without limiting the foregoing, if you believe that your work has been copied and
posted on the Service in a way that constitutes copyright infringement, please
provide our Copyright Agent with the following information:


• an electronic or physical signature of the person authorized to act on behalf of
the owner of the copyright interest;
• a description of the copyrighted work that you claim has been infringed;
• a description of where the material that you claim is infringing is located on
the Service (and such description must be reasonably sufficient to enable the
Company to find the alleged infringing material, such as a url);
• your address, telephone number and email address;
• a written statement by you that you have a good faith belief that the disputed
use is not authorized by the copyright owner, its agent, or the law; and
• a statement by you, made under penalty of perjury, that the above information
in your notice is accurate and that you are the copyright owner or authorized
to act on the copyright owner's behalf.


The Company will terminate the accounts of repeat infringers.

1. Disclaimers.
a. You acknowledge and agree that neither the Company nor its affiliates and
third party partners are responsible for and shall not have any liability, directly or
indirectly, for any loss or damage, including personal injury or death, as a result of or
alleged to be the result of (i) any incorrect or inaccurate Content posted in the
Service, whether caused by users or any of the equipment or programming
associated with or utilized in the Service; (ii) the timeliness, deletion or removal,
incorrect delivery or failure to store any Content, communications or personalization
settings; (iii) the conduct, whether online or offline, of any user; (iv) any error,
omission or defect in, interruption, deletion, alteration, delay in operation or
transmission, theft or destruction of, or unauthorized access to, any user or user
communications; or (v) any problems, failure or technical malfunction of any
telephone network or lines, computer online systems, servers or providers, computer
equipment, software, failure of email or players on account of technical problems or
traffic congestion on the Internet or at any website or combination thereof, including
injury or damage to users or to any other person’s computer or device related to or
resulting from participating or downloading materials in connection with the Internet
and/or in connection with the Service. TO THE MAXIMUM EXTENT ALLOWED BY
APPLICABLE LAW, THE COMPANY PROVIDES THE SERVICE ON AN “AS IS”
AND “AS AVAILABLE” BASIS AND GRANTS NO WARRANTIES OF ANY KIND,
WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT
TO THE SERVICE (INCLUDING ALL CONTENT CONTAINED THEREIN),
INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF
SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE OR NON-INFRINGEMENT. THE COMPANY DOES NOT REPRESENT
OR WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR
FREE, SECURE OR THAT ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED.
b. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH
THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND
RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE
ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY
DAMAGE TO YOUR DEVICE, COMPUTER SYSTEM, INTERNET ACCESS,
DOWNLOAD OR DISPLAY DEVICE, OR LOSS OR CORRUPTION OF DATA THAT
RESULTS OR MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT
AUTHORIZED TO DOWNLOAD OR OBTAIN ANY MATERIAL THROUGH THE SERVICE.


c. From time to time, the Company may make third party opinions, advice,
statements, offers, or other third party information or content available through the
Service. All third party content is the responsibility of the respective authors thereof
and should not necessarily be relied upon. Such third party authors are solely
responsible for such content. THE COMPANY DOES NOT: (I) GUARANTEE THE
ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD PARTY
CONTENT PROVIDED THROUGH THE SERVICE, OR (II) ADOPT, ENDORSE OR
ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY
OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY THAT APPEARS IN
THE SERVICE. UNDER NO CIRCUMSTANCES WILL THE COMPANY OR ITS
AFFILIATES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE
RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT
POSTED IN THE SERVICE, OR TRANSMITTED TO OR BY ANY USERS.

d. In addition to the preceding paragraph and other provisions of this
Agreement, any advice that may be posted in the Service is for informational and
entertainment purposes only and is not intended to replace or substitute for any
professional financial, medical, legal, or other advice. The Company makes no
representations or warranties and expressly disclaims any and all liability concerning
any treatment, action by, or effect on any person following the information offered or
provided within or through the Service. If you have specific concerns or a situation
arises in which you require professional or medical advice, you should consult with
an appropriately trained and qualified specialist.


1. Links.

The Service may contain, and the Service or third parties may
provide, advertisements and promotions offered by third parties and links to
other web sites or resources. You acknowledge and agree that the Company
is not responsible for the availability of such external websites or resources,
and does not endorse and is not responsible or liable for any content,
information, statements, advertising, goods or services, or other materials on
or available from such websites or resources. Your correspondence or
business dealings with, or participation in promotions of, third parties found in
or through the Service, including payment and delivery of related goods or
services, and any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and such third party.
You further acknowledge and agree that the Company shall not be
responsible or liable, directly or indirectly, for any damage or loss caused or
alleged to be caused by or in connection with the use of, or reliance upon, any
such content, information, statements, advertising, goods or services or other
materials available on or through any such website or resource.

2. Limitation on Liability.

TO THE FULLEST EXTENT ALLOWED BY
APPLICABLE LAW, IN NO EVENT WILL THE COMPANY, 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 THE
COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY
CONTAINED HEREIN, THE COMPANY'S 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 THE COMPANY 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.

3. Arbitration and Governing Law.
a. The exclusive means of resolving any dispute or claim arising out of or
relating to this Agreement (including any alleged breach thereof) or the Service shall
be BINDING ARBITRATION administered by the American Arbitration Association.
The one exception to the exclusivity of arbitration is that you have the right to bring
an individual claim against the Company in a small-claims court of competent
jurisdiction. But whether you choose arbitration or small-claims court, you may not
under any circumstances commence or maintain against the Company any class
action, class arbitration, or other representative action or proceeding.
b. By using the Service in any manner, you agree to the above arbitration
agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert
or defend any claims between you and the Company (except for matters that may
be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO
PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your
rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR
JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant
any relief that a court can, but you should note that arbitration proceedings are
usually simpler and more streamlined than trials and other judicial proceedings.
Decisions by the arbitrator are enforceable in court and may be overturned by a
court only for very limited reasons.
c. Any proceeding to enforce this arbitration agreement, including any
proceeding to confirm, modify, or vacate an arbitration award, may be commenced
in any court of competent jurisdiction. In the event that this arbitration agreement is
for any reason held to be unenforceable, any litigation against the Company (except
for small-claims court actions) may be commenced only in the federal or state courts
located in Sussex County, Delaware. You hereby irrevocably consent to the
jurisdiction of those courts for such purposes.
d. This Agreement, and any dispute between you and the Company, shall be
governed by the laws of the state of Delaware without regard to principles of
conflicts of law, provided that this arbitration agreement shall be governed by the
Federal Arbitration Act.

4. Indemnity by You.

You agree to indemnify and hold the Company, its
subsidiaries, and affiliates, and its and their officers, agents, partners and
employees, harmless from any loss, liability, claim, or demand, including
reasonable attorney's fees, made by any third party due to or arising out of
your breach of or failure to comply with this Agreement (including any breach
of your representations and warranties contained herein), any postings or
Content you post in the Service, and the violation of any law or regulation by
you. The Company reserves the right to assume the exclusive defense and
control of any matter otherwise subject to indemnification by you, in which
event you will fully cooperate with the Company in connection therewith.
5. Notice. The Company may provide you with notices, including those
regarding changes to this Agreement, 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 this Agreement 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.

6. Entire Agreement; Other.

This Agreement, with the Privacy Policy and
any specific guidelines or rules that are separately posted for particular
services or offers in the Service, contains the entire agreement between you
and the Company regarding the use of the Service. If any provision of this
Agreement is held invalid, the remainder of this Agreement shall continue in
full force and effect. The failure of the Company to exercise or enforce any
right or provision of this Agreement shall not constitute a waiver of such right
or provision. You agree that your online account is non-transferable and all of
your rights to your profile or contents within your account terminate upon your
death. No agency, partnership, joint venture or employment is created as a
result of this Agreement and you may not make any representations or bind
the Company in any manner.


7. Amendment. This Agreement is subject to change by the Company at any time.


8. Special State Terms. The following provisions are added to this
Agreement for subscribers residing in Arizona, California, Connecticut, Illinois,
Iowa, Minnesota, New York, North Carolina, Ohio and Wisconsin:
You, the buyer, may cancel this agreement, without penalty or obligation, at any time
prior to midnight of the third business day following the original date of this contract,
excluding Sundays and holidays. To cancel this agreement, please follow these instructions:


If you subscribed to WiNK Plus using your Apple ID:
To request a refund, go to iTunes, click on your Apple ID, select “View Apple ID”,
sign in if requested, select “Purchase History,” find the transaction, and tap “Report
Problem.” You can also submit a request at https://getsupport.apple.com/ ContactInfo.action.


If you subscribed to WiNK Plus using your Google Play Store Account:
Please tap the “Contact Us” button at the bottom of the “Need Help” Section on the
WiNK app and provide us with the order number. You can find the order number in
the order confirmation email from the Google Play Store.


In the event that you die before the end of your subscription period, your estate shall
be entitled to a refund of that portion of any payment you had made for your
subscription which is allocable to the period after your death. In the event that you
become disabled (such that you are unable to use the services of WiNK) before the
end of your subscription period, you shall be entitled to a refund of that portion of
any payment you had made for your subscription which is allocable to the period
after your disability by providing the company notice at the same address as listed above.


Thank you for choosing to use the WiNK App - From all of us at WiNK Inc,

Stay safe and have a wonderful time out there everyone!


Terms Of Use