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Terms of Use for Creators (Appendix 1)

These Terms of Use for Creators are additional terms which apply if you use Wink as a Creator (also referred to as "you" and "your" in these Terms of Use for Creators). These Terms of Use for Creators form part of your agreement with us. By registering with and using Wink, you hereby accept and agree to be bound by these terms. We reserve our right from time to time revise the terms herein at our absolution discretion or in accordance with the Applicable Laws and our change of business model.

  • The following terms will also apply to your use of the Platform:

    1. Our Terms of Use for all Users;
    2. Our Privacy Policy;
    3. Our Acceptable Use Policy;
    4. Our Community Guidelines;
    5. Our Report and Complaint Policy;
    6. The Relevant Legislations in Appendix 8 of the Terms of Use for all Users; and
    7. The Referral Program Terms.

    (a)-(f) are collectively referred as “Policies”.

  • In these Terms of Use for Creators, defined terms have the same meanings given to them in the Terms of Use for all Users.

  • You warrant and undertake that:-

    1. you have attained the Age of Majority and if the legal age under the laws of the jurisdiction in which you are domiciled is above the Age of Majority for entering into a binding contract, you must reach the requisite legal age and are of sound mind to enter into a binding contract and becoming a User of us. You understand that since our Platform operates in different jurisdictions, there are different laws and requirements for verifying the Age of Majority and you hereby consent to comply with all the applicable KYC Procedures and Requirements conducted by us and/or Third Party Service Provider before registering as an Creator in our Platform;
    2. the Contents in your Creations shall at all times observe with the terms of the Policies;
    3. you are permitted by the laws of the country or State/province where you reside to join Wink and to view and upload any Contents available on it and to use any functionality provided by it; and
    4. you are able and willing to make payment (where required) for our Services offered in the Platform.

  • Creators will receive earnings from Fans by sale of Passes, secondary trading of the Creators’ Passes on the Platform, fees of Subscription, Tipping on messenger of the Platform and sale of Pay-Per-View Contents. The Company will charge the Creators 20% for every primary sale of Passes, 5% for every secondary trade of Passes, 20% for the fees of every Subscription, 10% for every Tipping and 20% for the sale of Pay-Per-View Content from the total earnings. For the avoidance of doubt:-

    1. We reserve our right to modify the charging mechanism above for the primary sale of Passes, secondary trade of Passes, Subscriptions, Tipping and sale of Pay-Per-View Content from time to time;
    2. Our Fees are directly deducted from the payment by Fans via Solana Blockchain and payout is made instantly on the Solana Blockchain. The whole process is completely automatic.
    3. For secondary trading, three parties can earn; (i) the holder of such Passes, (ii) the Platform, and (iii) the initial Creator that launched the Passes. By conducting a secondary sale of the Passes, the holder (being the Seller of such Passes), can earn up to 90% of the sale price of the Passes (the “Sale Price”), and the Platform would be entitled to 5% of the Sale Price, and the remaining 5% would belong to the initial Creators.
    4. The Platform has the discretion from time to time to amend the charging mechanism of the Fees herein.
    1. You will need to register an account on the Platform using your email address or social media or a Wallet on the Solana Blockchain. Once you’ve created an account, a Solana Wallet will be created and linked to your Account. The Wallet is non-custodial, and a generated private key can be exported to access the cryptocurrencies in the Wallet.
    2. Once your account is created, you can follow the KYC Procedures and Requirements in Appendix 7 to obtain the verified mark.
    3. Once your Creator account is verified, you may start posting Contents and if you want to sell your Passes or Subscriptions to Fans you will need to set the supply and prices.
    4. If you lose access to your Account, you can reset your password, but you will need to know the email address used to set up the Account to do so. If you do not recall the email address used to set up the Account, we may require you to provide identification documents and photos and any additional evidence we may reasonably require to prove your identity.

  • Every Creator is bound by the Policies. You acknowledge and agree that our relationship is with you, and not with any third party, and you will be legally responsible for ensuring that all the Contents posted and the use of the Creator’s Account complies with the Policies. These Terms of Use for Creators shall be binding upon and enure for the benefit of the successors and assigns of the Creators if Delegation is chosen by Creators.

  • In addition to the terms set out in the Terms of Use for all Users, the following terms also apply to the Contents posted, displayed, uploaded or published by you as a Creator on Wink:

    1. You warrant that for the Contents which you post, display, upload or publish on Wink:
      1. the Contents fully complies with the Terms of Use for all Users (and in particular our Acceptable Use Policy and Community Guidelines);
      2. you either own your Content (and all intellectual property rights in it) or have a valid license to your Contents; and
      3. if your Content includes or uses any third-party materials, you have secured all rights, licenses, written consents and releases that are necessary for the use of such third-party materials in your Contents and for the subsequent use and exploitation of that Contents on Wink.
    2. You agree that you will be liable to us and indemnify us if any of the warranties at section 7(a) is untrue. This means you will be responsible for any loss or damage we suffer as a result of any warranty being untrue.
    3. We are not responsible for and do not endorse any aspect of any Content posted by you or any other User of the Platform.

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