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Winker Terms of Use

Effective Date: June 1, 2024

1. Introduction and Acceptance of Terms

Welcome to Winker, the hyperlocal social gaming platform operated by Winker Inc. ("Winker," "we," "us," or "our"). These Terms of Use ("Terms") govern your access to and use of Winker's services, including our website, mobile application, and any other software or services offered by Winker in connection with any of the foregoing (the "Services").

Please read these Terms carefully before accessing or using our Services. By accessing or using any part of the Services, you agree to be bound by these Terms. If you do not agree to all the Terms, then you may not access or use the Services.

2. Eligibility and Registration

2.1. Age Requirement: To use Winker, you must be at least 13 years old. If you are under 18 years old, you must have the consent of a parent or legal guardian to use our Services.

2.2. Account Registration: To access certain features of the Services, you must register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

2.3. Account Security: You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. You agree not to disclose your password to any third party and to immediately notify Winker of any unauthorized use of your account.

2.4. One Account Per Person: You may not create or use more than one account. Each account is personal and may not be shared, transferred, or sold.

3. User Conduct and Content

3.1. User Conduct: As a Winker user, you agree to use the Services only for lawful purposes and in accordance with these Terms. You agree not to:

  • Use the Services in any way that violates any applicable federal, state, local, or international law or regulation.
  • Harass, bully, intimidate, or stalk other users.
  • Post or transmit any content that is abusive, obscene, vulgar, slanderous, hateful, threatening, sexually-oriented, or otherwise objectionable.
  • Impersonate or attempt to impersonate Winker, a Winker employee, another user, or any other person or entity.
  • Engage in any activity that interferes with or disrupts the Services or the servers and networks connected to the Services.
  • Attempt to gain unauthorized access to any portion of the Services or any other systems or networks connected to the Services.
  • Use the Services for any commercial purpose without our express written consent.

3.2. User Content: The Services may allow you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("User Content"). You retain all rights in, and are solely responsible for, the User Content you post to the Services.

3.3. License Grant: By posting User Content on or through the Services, you grant Winker a worldwide, non-exclusive, royalty-free, fully paid, sublicensable and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content in connection with operating and providing the Services.

4. Intellectual Property Rights

4.1. Winker Content: The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are owned by Winker, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

4.2. Limited License: Subject to these Terms, Winker grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Services for your personal, non-commercial use.

4.3. Restrictions: You may not:

  • Reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Services, except as incidental to normal web browsing or as expressly permitted by these Terms.
  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Services.
  • Access or use for any commercial purposes any part of the Services or any services or materials available through the Services.

5. Privacy and Data Collection

5.1. Privacy Policy: Your privacy is important to us. Our Privacy Policy, which is incorporated into these Terms by reference, explains how we collect, use, and disclose information about you.

5.2. Data Collection and Retention: We collect and retain various types of data to provide and improve our Services. This includes personal information, usage data, and other relevant information. By using our Services, you consent to our data collection practices as described in our Privacy Policy.

5.3. Data Retention: We retain collected data for a period of up to 1 year from the date of collection or last use of our Services, whichever is later. This retention period allows us to maintain service quality, improve our offerings, and comply with legal obligations.

5.4. Data Protection: We implement reasonable security measures to protect the data we collect and maintain. However, no method of transmission over the Internet or electronic storage is 100% secure, and we cannot guarantee absolute security.

6. Collection of Personal Information for Requirements

6.1. Purpose of Collection: Winker collects personal information as part of our application and hiring process. This information is necessary to evaluate candidates' qualifications, verify their identity, and comply with employment laws and regulations.

6.2. Types of Information Collected: The personal information we collect may include, but is not limited to, name, contact information, employment history, educational background, and any other information provided in resumes, cover letters, or job applications.

6.3. Use and Retention: This information will be used solely for the purpose of evaluating candidates for employment opportunities at Winker. We retain this information for a period of one year to comply with legal obligations and to consider candidates for future opportunities.

7. Limitation of Liability and Lawsuit Shield

7.1. Limitation of Liability: To the fullest extent permitted by applicable law, Winker and its affiliates, officers, employees, agents, partners, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

  • Your access to or use of or inability to access or use the Services;
  • Any conduct or content of any third party on the Services;
  • Any content obtained from the Services; and
  • Unauthorized access, use, or alteration of your transmissions or content.

7.2. Lawsuit Shield: By using our Services, you agree that any legal claim or cause of action arising out of or related to the Services or these Terms must be filed within one (1) year after such claim or cause of action arose, or it will be forever barred. This time limitation may be shorter than the limitations period provided by your local jurisdiction's laws.

7.3. Indemnification: You agree to defend, indemnify, and hold harmless Winker and its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Services; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your content caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Services.

8. Third-Party Links and Content

8.1. Third-Party Links: The Services may contain links to third-party websites or services that are not owned or controlled by Winker. Winker has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

8.2. Third-Party Content: The Services may display content from third parties. You acknowledge and agree that Winker is not responsible for any such third-party content and shall not be liable for any claims arising out of or relating to such third-party content.

9. Disclaimers and Limitation of Liability

9.1. Disclaimer of Warranties: THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WINKER EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

9.2. Limitation of Liability: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WINKER, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; (III) ANY CONTENT OBTAINED FROM THE SERVICES; AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

10. Indemnification

You agree to defend, indemnify and hold harmless Winker, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services.

11. Modifications to the Services and Terms

11.1. Modifications to the Services: Winker reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Winker will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

11.2. Modifications to the Terms: Winker reserves the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised Terms.

12. Termination

12.1. Termination by You: You may terminate your account and discontinue use of the Services at any time by following the instructions in the Services or by contacting us.

12.2. Termination by Winker: We may terminate or suspend your account and bar access to the Services immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. Upon termination, your right to use the Services will immediately cease.

12.3. Effects of Termination: All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

13. Governing Law and Dispute Resolution

13.1. Governing Law: These Terms and your use of the Services shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.

13.2. Dispute Resolution: Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in San Francisco, California, using the English language in accordance with the Arbitration Rules and Procedures of JAMS then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules.

14. Miscellaneous

14.1. Entire Agreement: These Terms constitute the entire agreement between you and Winker regarding the use of the Services, superseding any prior agreements between you and Winker relating to your use of the Services.

14.2. Waiver: The failure of Winker to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

14.3. Severability: If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

14.4. Assignment: These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Winker without restriction.

15. Contact Information

If you have any questions about these Terms, please contact us at:

Winker Inc.
123 Game Street
San Francisco, CA 94105
Email: support@winker.io