Terms of Services

Please read the following terms and conditions (“Terms”) carefully before accessing or using the Platform, Site, Services, or Contents (each as defined hereinbelow) of Purple Donut Limited (the “Company” and/or “Wink”). By using any of these, you agree to be bound by these Terms, as amended, modified or supplemented from time to time and including any other documents or additional terms incorporated herein. These Terms do not offer products or services in any jurisdiction where it is unlawful or requires licensing, authorisation, certain jurisdictions where it is unlawful or requires authorisation. Do not forward or distribute these Terms to individuals in those jurisdictions. By registering with and using Wink, you hereby accept and agree to be bound by and abided by these Terms. These Terms (together with any documents referred to in it) constitutes the entire agreement and supersedes and extinguishes all previous discussions, correspondence, negotiations, draft and agreements for the subject matter hereof.

NO OFFER OR SOLICITATION

Nothing in these Terms and no content, material or any other information provided on the Site or the Platform shall constitute or be construed as an advertisement, recommendation, offer, invitation to enter into any transaction in or to purchase any virtual assets, securities, interests in a fund, profit sharing arrangement, unit trust or collective investment scheme or other similar arrangements or any other investment products or services of any nature or description or any related activities or services whatsoever. You further understand that none of the Company, its Affiliates (as defined below) or any Third Party Service Providers (as defined below) are advising you on the nature, potential, value, risks or suitability of any particular product or service, transaction, investment strategy or any other matter, and any information provided to you is not tailored to the needs of any specific person. Further, you acknowledge that no representation, warranty or undertaking whatsoever is made by the Company or any of its Affiliates, and the Company and its Affiliates do not guarantee the accuracy or completeness of the information provided, and also the information contained in these Terms might not be up-to-date. Any reliance by you on such information is solely at your own risk without any liability on the part of the Company or any of its Affiliates.

DISCLAIMER

No Minors: Wink contains adult oriented content and is not intended for minors. Only adults (1) who are at least eighteen (18) years old (the “Age of Majority”) and (2) who have reached the Age of Majority in the jurisdiction where they reside may access Wink. If you do not meet these age requirements, you MUST NOT access Wink and must leave now. The Company forbids all persons who do not meet these age requirements from accessing Wink.

No Child Sexual Abuse Material: The Company prohibits pornographic contents involving minors known as child sexual abuse material (“CSAM”). For details of the relevant legislations of CSAM, please refer to Appendix 8 of our Terms. If you see any CSAM in the Creations (as defined below), please promptly report this to the Company through our Communication Portal (as defined below), with the link [https://learn.w.ink/hc/en-gb] or pursuant to our Report and Complaint Policy. Please include in your report all appropriate evidence, including the date and time of the identification of such CSAM. The Company will promptly investigate the CSAM and take any actions as it considers appropriate. The Company shall also fully cooperate with any law-enforcement agencies investigating CSAM, if appropriate.

No solicitation and promotion of prostitution, modern slavery, human trafficking and sex trafficking: The solicitation, promotion and facilitation of prostitution, modern slavery, human trafficking and sex trafficking activities (the “Prohibited Trafficking Activities”) are strictly prohibited in all our Site or the Platform. For details of our anti- human trafficking statement, please refer to Appendix 8 of our Terms. If you engage in such Prohibited Trafficking Activities, whether on the Platform or by posting links to external websites that promote or facilitate such Prohibited Trafficking Activities, we will take any actions that we consider appropriate, such as deleting and removing your access to your Accounts. You shall no longer be a User of our Platform upon our removal and we reserve our right to report you to law enforcement agencies. If you see any solicitation, promotion and facilitation of such Prohibited Trafficking Activities in our Site or Platform, please promptly report this to the Company through our Communication Portal, with the link [https://learn.w.ink/hc/en-gb] or pursuant to our Report and Complaint Policy.

To make sure the Company is a safe place for everyone, the Company is required to have all Creators (as defined below) sharing sexually explicit creations or creations that include nudity (including photos, videos and posts that has nudity) (the “Creations”) on the Site verify that they have attained the Age of Majority. When doing so, such Creators must consent to our Third Party Service Providers (as defined below) in collecting and disclosing their Personal Data to conduct the KYC (as defined below) and all the requisite procedures to effect the Services provided by us pursuant to these Terms. The Company is also required to have all Creators sharing the Creations to give consent for sharing their Personal Data to verify that they have attained the Age of Majority. Creators are legally responsible for all the Contents they upload on our Site or Platform and to ensure all the Contents is in compliance with these Terms, regardless of whether there is Delegation (as defined below) to any other Persons for their Accounts.

In addition, as we are offering our Services in different countries, different countries and government states have different laws and regulations to confirm the Age of Majority before accessing our Services, and also the distribution and dissemination of adult contents. For details of the Relevant Legislations (as defined below) that we might be subject to for offering our Services, please refer to Appendix 8 of our Terms. You hereby expressly warrant and undertake that by registering as an User of the Platform, you are deemed to be bound by the Terms herein and your use of the Services of the Platform SHALL NOT contravene all the applicable legislations and requirements as outlined in the Appendix 8 of our Terms (which shall be updated and amended by us from time to time in accordance with the evolving regulatory landscape and framework).

Wink strives to maintain a safe and secure online environment for our Users (as defined below). Wink does not tolerate the display or dissemination of any Contents (as defined below) that violate Applicable Laws, the Relevant Legislations in Appendix 8 or these Terms (such as CSAM, non-consensual sexual acts, privacy violations, abuse, harassment, etc.) on our Platform (the “Illegal Contents”) and upon becoming aware of such violations, Wink will expeditiously remove or disable access to such Illegal Contents.

1.1. In these Terms, unless otherwise defined herein, capitalised terms shall have the following meanings:

"Account” means the user account opened by Creator and/or Fans with the Company on the Platform;

"Acceptable Use Policy" means the acceptable use policy available on the Site and our Platform, as amended, modified, updated or supplemented by the Company from time to time;

"Affiliate" means a person, entity or company directly or indirectly, controlling, controlled by or under direct or indirect common control with another person, entity or company;

“AML/CTF” means anti-money laundering and counter-terrorist financing;

"Applicable Laws" means, in relation to any person and any property, agreement, arrangement, transaction, activity or any other matter, any law, rule , statute, subsidiary legislation, regulation, by-law, order, ordinance, protocol, code, guideline, treaty, policy, notice, direction or judicial, arbitral, administrative, ministerial or departmental judgment, award, decree, treaty, directive, or other requirement or guideline published or in force at any time which applies to or is otherwise intended to govern or regulate such person, property, agreement, arrangement, transaction, activity or other matter;

“AI Technology” means the simulation of human intelligence processes by machines, in particular computer systems;

“Authority” means any: (i) national, state, municipal or local government, governmental body or agency or any sub-division thereof; (ii) regulatory or administrative agency, commission, board, bureau or statutory body; (iii) central bank; (iv) court, tribunal, administrative panel, hearing body; (v) self-regulatory organisation or other non-governmental or semi- or quasi-governmental authority or regulatory body; or (vi) tax authority, which is of competent jurisdiction with respect to the Company, the relevant User or any relevant third party, or any transaction contemplated under these Terms;

"Business Day" means any day except any Saturday, Sunday or public holiday on which commercial banks normally open for business in Singapore;

"Chat Note" means virtual notepads accessible through messenger, allowing creators to summarize chats or record information about the users they're communicating with;

"Company" means Purple Donut Limited, a company incorporated under the laws of Cyprus (Register Number: HE 470056);

“Community Guidelines” means the community guidelines available on the Site and our Platform, as amended, modified, updated or supplemented by the Company from time to time;

“Communication Portal” means messenger (including but not limited to discord or telegram), website (https://learn.w.ink/hc/en-gb) and other means of communications on the Platform between the Company and the Users as prescribed by the Company from time to time in the Site and Platform;

“Confidential Information” has the meaning given in Clause 12.5;

"Contents" means Creations created by Creators, and all the other data, information, documents, materials, advertisements, text, audio, video, graphics, software and other contents on the Platform that are uploaded by the Creators and Fans;

“Creator” means any user that has set up a creator account (account with a verification mark) on the Platform, who has completed the KYC Procedures and Requirements;

“CRM Tools” means customer relationship management tools that supports marketing, content management, sales and customer analytics and customer service functions and processes of the Platform.

“Eligible User” means a person satisfying the conditions set out in Clause 4.1;

“EEA” means European Economic Area;

“Fans” means any user that has set up a fans account on the Platform;

“Fees” means any and all fees and charges payable by the User to the Company for the use of the Platform and/or the Services;

"Force Majeure Event" means an event, circumstance or situation which is beyond our control and reasonably foreseeable at the time of entry into these Terms, including, without limitation: (i) any act of God, natural disaster, epidemic or pandemic; (ii) failure or breakdown of, or interruption in, any blockchain networks or protocols, public or private telecommunication networks, communication channels or information systems; (iii) failure or breakdown of, or interruption in, SWIFT or any other money transmission system; (iv) any act or omission of any third party; (v) any delay, failure or interruption in, or unavailability of, any third party services; (vi) any strike, lockout, labour dispute, war, insurrection, civil unrest, terrorist act or riot; (vii) any virus, malware, other malicious computer code or the hacking of or unauthorised access to any part of the Platform or the Services; (viii) any change in or addition or supplementation to Applicable Laws; (ix) any act, decision, order, pronouncement or decree of any Authority of competent jurisdiction; and (x) any change in market rules or practices, currency restrictions, devaluations or fluctuations or market conditions affecting the execution or settlement of transactions or the value of assets (including but not limited to fiat currencies and virtual assets);

“GDPR” means the Regulation (EU) 2016/679 (General Data Protection Regulation) on information privacy in the European Union and the EEA;

“Group” means the Company and other Affiliates of the Company;

“Hong Kong” means the Hong Kong Special Administrative Region of the PRC;

"Instruction" means any information, instruction, communication, order or message (including but not limited to those relating to any Tipping, gift, Passes and marketplace) made or given by or on behalf of you or under your Account or otherwise referable to you or your Account;

“Intellectual Property Rights” shall have the meaning given in Clause 11.1;

“KYC” means know-your-client conducted by us for potential Creators of the Platform;

“KYC Procedures and Requirements” means the procedures and requirements for the know-your-client procedures of the Users conducted by the Company and/or Third Party Service Providers from time to time for the opening of Creators’ Account;

“LGBTQ Community” means the lesbian, gay, bisexual, transgender, and queer community;

“Media Vault” means the virtual storage space where creators can upload, manage and organize their content by folders, allowing creators to control access to different media content they possess;

“OFAC” means the Office of Foreign Assets Control of the US Department of the Treasury;

“OpenAI Clip” means a third party open source neural network that leverages a multi-modal foundational model for vision and language tasks including image or text similarity, and for zero-shot image classification;

“Party” means a party to these Terms, namely the Company or the relevant User; and “Parties” means the Company and the relevant User collectively;

“Passes” means the membership programmes that is permanent in nature designed by the Creators that are being offered to the Fans which could be traded at the marketplace of the Platform;

“Pay-Per-View Content” means any Contents that are sent from the Creators to the Fans through direct message on the Platform that could be unlocked upon payment;

"Personal Data" has the meaning given in the Privacy Policy;

“Platform” means the digital platform operated by the Company and/or its Affiliates through which the Services are provided and which is made available through the Site;

"Privacy Policy" means the privacy policy available on the Site and our Platform, as amended, modified, updated or supplemented by the Company from time to time;

“PDPO” means the Personal Data (Privacy) Ordinance (Chapter 486 of the Laws of Hong Kong);

“PRC” means the People’s Republic of China, which, for the purpose of these Terms, shall not include the Hong Kong Special Administrative Region, the Macao Special Administrative Region and Taiwan;

“Prohibited Jurisdiction” means: (i) any country or territory subject to financial, economic, trade or other sanctions or embargoes imposed by the USA, the United Nations, the European Union or any country or member-state within the European Union, the United Kingdom, the OFAC, the North Atlantic Treaty Organization or any other national government or international or transnational organisation; (ii) any country or territory identified as a "Specially Designated National" by the USA; (iii) any country or territory placed on the most current list of “High-Risk Jurisdictions subject to a Call for Action” published by the Financial Action Task Force; or (iv) any jurisdiction in which entry into or performance of your obligations under these Terms, the offer of the Services or any transaction contemplated hereunder (including without limitation the delivery, holding, use, transfer, purchase, sale or exchange of virtual assets) is unlawful or requires licensing, registration or approval of any kind;

“Relevant Legislations” means the relevant legislations and regulatory framework applicable to the offering of the Services of Wink in Appendix 8 of these Terms, as amended from time to time;

“Sanction” has the meaning given in Clause 4.1(e);

"Services" means the services offered by the Company to the Creators and Fans through the Platform as set out in Clause 5.1 and 5.2;

"Site" means the website at www.w.ink, including all features, functions and contents contained, displayed or made available therein for the offering of Services of the Company;

“Solana Blockchain” is a blockchain platform which uses a proof-of-stake mechanism to provide smart contract functionality, and was launched in 2020 by Solana Labs;

“Subscription” means the monthly membership programmes being offered to Fans designed by the Creators that has Contents;

"Taxes" means any present or future taxes, duties, assessments or governmental charges of whatever nature imposed, including but not limited to any value added, sales, goods and services, stamp, issue, registration, documentary or other taxes or duties or deductions, withholdings and other liabilities related thereto, which are levied, collected, withheld, deducted or assessed by or on behalf of any Authority having power to tax;

“Trusted Flaggers” are special entities under the Digital Services Act that detects types of illegal content online, such as hate speech or terrorist content, and notifying it to the online platforms;

"these Terms" means these Terms of Use, as amended, modified, updated or supplemented from time to time;

“Third Party Service Providers” means any company, entities, corporations or business independent to the Company that provide services in connection to the Platform or Services provided by the Company, including but not limited to provision of Wallet, conduct of KYC and exchange of fiat to virtual assets;

“Tipping” means Fans sending virtual assets (including but not limited to USDT or USDC) or virtual gifts (in the form of a house, flower bouquet or a car) to Creators in direct messages of the Platform;

“USA” means the United States of America;

“USD” means U.S. Dollars, the lawful currency of the United States of America;

“USDC” or “USDT” means a cryptocurrency being pegged to U.S. Dollars;

“User” or “you” means the person, including the Fans and the Creators, reading or accessing these Terms or using or accessing the Platform, the Site, the App, the Services, the Contents or opening an Account with the Company under these Terms;

“Wallet” means any wallet that are compatible to the Solana Blockchain provided by the Company’s web-3 wallet provider, or any other Third Party Service Providers for the storage of User’s private key to their virtual assets;

“Warranty” means any representation, undertaking or warranty set out in Clause 15; and

“we” or “us” means the Company or the Group or any one or more members within the Group, as the context requires;

1.2. These Terms shall be interpreted and construed in accordance with the following principles:
1. references to “Clauses” are references to the clauses or to these Terms;
2. references to any legislation or enactment (meaning any statute or statutory provision and any subordinate legislation made under such statute or statutory provision) shall be construed as references to: (i) any enactment which that enactment has directly or indirectly replaced (whether with or without notification); and (ii) that enactment as re-enacted, replaced or modified from time to time, whether before, on or after the date hereof;
3. references to any party shall be construed so as to include its successors in title, permitted assigns and permitted transferees;
4. a reference to any agreement or instrument is a reference to that agreement or instrument as amended or novated;
5. unless the context requires otherwise, words importing the singular include the plural and vice versa and words importing a gender include every gender;
6. any obligation on any party not to do something includes an obligation not to allow such thing to be done;
7. any words following terms “including”, “include”, “in particular”, “for example” or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms;
8. the words “herein”, “hereof”, “hereunder” or any other word of similar import refer to these Terms as a whole and not to any particular clause or subdivision; and
9. headings are inserted for convenience only and shall not affect the construction and interpretation of these Terms.
2.1. The Company owns and operates www.w.ink, which is a Platform that allows Creators to interact with Fans. It is a social network which enables: (i) Creators to share and create their own Contents (as well as subscribe to, and view, the Contents of other Creators); and (ii) Fans to subscribe to, and view, the Contents of Creators. The Platform features integrated CRM Tools which supports marketing, content management, sales and customer analytics and customer service functions and processes of the Platform.
3.1. These Terms apply to your access and use of the Platform, the Site and the Services. You hereby agree and acknowledge that, by using the Platform, the Site and/or the Services and/or opening or applying to open an Account, you are entering into a binding contract with the Company and shall be deemed to have read, understood and agreed to be bound by these Terms, together with any other terms, documents and contents relating to our provisions and your use of the Services, including any amendments, modifications and supplementations hereto from time to time as notified to you by published on the Platform or otherwise in accordance with the provisions of these Terms. If you continue to use or access the Platform, the Site, or any Services after the effective date of such amendments, modifications or supplementations (which shall be the date of which such amendments, modifications or supplementations are notified to you unless otherwise specified by us), you shall be deemed to have accepted and agreed to be bound by these Terms so amended, modified or supplemented. If you do not agree to be bound by these Terms (as amended, modified or supplemented from time to time), you are not authorised to use or access the Platform or the Services, and you are required to immediately cease and discontinue any use or access of the Platform and the Services.

3.2. We may enter into supplemental terms or agreements with you from time to time in addition to these Terms. In the event that there is any conflict or inconsistency between such supplemental terms or agreements and these Terms, the latest of such supplemental terms or agreements shall prevail over these Terms and any terms and agreements previous to such latest terms or agreements, unless the contrary is provided in these Terms or such supplemental terms or agreements.

3.3. Nothing in these Terms is intended to constitute any legal, financial, investment or other advice to you in any regard. You acknowledge that you have been asked to seek independent professional advice from your own legal, tax and other professional advisors on matters relating to these Terms and the Services, and have had the opportunity to do so before entering into these Terms.
4.1. You are eligible to open an Account and use the Platform and the Services only if:
1. You attain the Age of Majority;
2. 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;
3. you are not a citizen, resident or tax resident of a Prohibited Jurisdiction;
4. no bankruptcy or similar proceedings (whether voluntary or involuntary) have been filed or commenced against you;
5. you are not subject to any financial or other sanctions imposed by the United Nations, European Union or any country or member-state within the European Union, the United Kingdom Treasury, the OFAC, the North Atlantic Treaty Organization or any other national or transnational organisations (collectively “Sanctions”);
6. you are not prohibited by any Applicable Laws from opening an Account or using or accessing the Platform and the Services;
7. (in the case of Creators) have duly completed and fulfilled all KYC Procedures and Requirements and provided all information as required by us or the Third Party Service Providers designated by us to conduct the KYC;
8. you are and will be acting solely for your own account in opening and maintaining the Account and using the Services and not acting on behalf of or representing any other natural person, legal person or legal entity:
9. you confirm that you have read, understood and agreed to these Terms;
10. you acknowledge that other requirements might be designated and imposed by us from time to time for account opening in accordance with Applicable Laws; and
11. you confirm all matters set out in sub-paragraphs (a) to (j) above.
By entering into these Terms, you confirm, represent and undertake that you satisfy each of the conditions set out above.

4.2. Notwithstanding anything herein, we are entitled, in our sole and absolute discretion and without any obligation to give reasons, to reject or suspend or postpone the processing of your application for an Account opening without liability or compensation to you.

4.3. You agree and acknowledge that certain users or groups or categories of users may be specifically prohibited from accessing or using certain features, items or parts of the Services and we are under no obligation to inform you of any reason of such prohibition, and that, notwithstanding your successful completion of the Account opening process in accordance with this Clause 4, you may not be able to access or use such features, items or parts of the Services.

4.4. You further agree and acknowledge that we may in our sole and absolute discretion, and without prior notice to you, change, modify, add to or subtract from, or supplement, the eligibility criteria for registration of an Account or use of the Services set out in Clauses 4.1 and 5.1 respectively, and that this may result in you no longer meeting such eligibility criteria to continue to use the Platform and the Services. In no circumstances shall we be liable to you or be under any obligation to provide any compensation to you for any loss or inconvenience or otherwise in connection with such change of the eligibility criteria.

Account Opening for Creators

4.5. In order to register for a Creator account on the Platform, the Creator must provide us with all information and/or documents requested by us or our Third Party Service Providers in accordance with these Terms, the KYC Procedures and Requirements, our internal policies or Applicable Law. Upon completion of the registration of a Creator account, a verified mark will appear next to the creator's account name.

4.6. The KYC Procedures and Requirements will be conducted by our Third Party Service Providers for Account opening of Creators. For details, please refer to our KYC Procedures and Requirements in Appendix 7 of these Terms.

4.7. We and/or our Third Party Service Providers may from time to time revise the KYC Procedures and Requirements (the “Updated KYC Procedures and Requirements”) at our absolute discretion or in accordance with the Applicable Laws which may result in the Creator having to re-complete and fulfil the Updated KYC Procedures and Requirements. In addition, we reserve our right to change or replace our Third Party Service Providers to conduct the KYC Procedures and Requirements at our absolute discretion without notifying the Creator. The Creator shall be informed of the Updated KYC Procedures and Requirements through our Communication Portal, or post on our Site and Platform, and by continuing to maintain the Account with us, the Creator shall be deemed to have accepted and will continue to comply with such Updated KYC Procedures and Requirements.

4.8. The Creator agrees to cooperate with all reasonable requests made by us, our Affiliates or any of our Third Party Service Providers on our behalf in connection with the Creator’ use of the Platform and the Services (for the purpose of AML/CTF compliance purposes and other legitimate purposes), including but not limited to requests for information and documents to identify, verify and/or authenticate the Creator’s identity, validate the Creator’s funding sources or transactions or verify the Creator’s source(s) of income and/ or wealth. This may include, without limitation, requiring further information that will allow the Creator to reasonably identify his identity, such as requiring the Creator to take steps to confirm or enable us to verify ownership of his phone number, email address, bank account or his residential address or registered address (as the case may be).

4.9. We may confidentially verify the information provided by the Creator or on the Creator’s behalf (including through our Affiliates and other Third Party Service Providers) and verify such information using secure databases and other secure sources. By agreeing to these Terms, the Creator agrees and acknowledge that we, our Affiliates or any Third Party Service Providers on our behalf may carry out such verification.

4.10. The Creator must promptly inform us if becoming aware of any changes to any information or document previously provided to us in connection with the Account opening, KYC Procedures and Requirements or any fact, matter, event, circumstance or development which renders or is likely to render any such information or document no longer being true, accurate, complete, up-to-date and non-misleading in all material respects.
5.1. The Services provided to the Creators shall comprise the following services, functionalities and features provided by us in accordance with these Terms:
1. to upload photos and videos to the Platform;
2. to message other Creators or Fans through direct messages on the Platform;
3. to report or block other Creators and Fans' account, or content;
4. to send Pay-Per-View Content to Fans;
5. to launch self-designed Passes and Subscription for Fans to purchase for access to exclusive contents; and
6. other products and services which may from time to time be offered or made available by the Company through the Platform.
The Creators and Fans are also subject to the “Terms of Use for Creators” and “Terms of Use for Fans” as set out in Appendix 1 and 2 of these Terms.

5.2. The Services provided to the Fans shall comprise the following services, functionalities and features provided by us in accordance with these Terms:
1. to view the videos and photos uploaded by Creators to the Platform;
2. to explore and search Contents through the search engine of the Platform (provided by Third Party Service Providers, namely Open AI Clip);
3. to message other Fans or Creators through direct messages of the Platform;
4. to purchase the Passes from the Creators and conduct secondary sale of the Passes;
5. to purchase Pay-Per-View Contents from the Creators and Tip Creators through direct messages of the Platform;
6. to report or block Creators and other Fans' account, or content; and
7. other products and services which may from time to time be offered or made available by the Company through the Platform.
The Fans are also subject to the additional “Terms of Use for Fans” as set out in Appendix 2 of these Terms. (Clauses 5.1 and 5.2 are collectively, the “Services”).

5.3. We reserve the right, in our sole discretion consider necessary or appropriate and without liability or prior notice to you, to:
1. update, change, remove, cancel, suspend, disable or restrict access to or discontinue part or whole of the Services or change any features, component or content thereof; and
2. reverse, cancel or change any terms of any reward, promotional, loyalty, referral or other similar scheme or programme which may from time to time be offered by us.
(collectively the “Service Suspension”).

5.4. We reserve the right to suspend, restrict or terminate your access to any or all of our Services and to freeze, suspend, close, delete or deactivate your Account without liability or prior notice to you, in circumstances including without limitation:
1. where it is our opinion that we are required to do so by Applicable Laws or any court, tribunal or other regulatory authority to which we may be subject in any jurisdiction;
2. upon coming to knowledge or suspicion that you are not an Eligible User;
3. upon coming to knowledge or suspicion that you breached any of the restrictions prescribed in our “Acceptable Use Policy” and our “Community Guidelines”;
4. upon coming to knowledge or suspicion that you breached any of the Relevant Legislations prescribed in Appendix 8 of these Terms;
5. upon coming to knowledge or suspicion that you may be in breach of these Terms or are otherwise attempting to circumvent these Terms by means such as opening multiple accounts or abusing any of the Services;
6. upon suspicion that a transaction which is initiated or conducted by you (or other person having access to your Account or any of your other accounts with the Company or its Affiliates, with or without your permission) through the Platform or any other platforms, systems or networks operated by the Company or its Affiliates or Third Party Service Provider, or which is otherwise connected to you, is fraudulent or erroneous;
7. upon suspicion that your Account has been compromised or the Services are being used by you or via your Account in a fraudulent or unauthorised manner;
8. upon suspicion of money laundering, terrorist financing, fraud or any other financial crime connected to you;
9. upon suspicion that you are conducting any fraudulent or illegal activities including but not limited to any ponzi scheme, pyramid scheme, phishing or dark-net transactions; or
10. where you are subject to current or pending litigation, arbitration, investigation or other legal, government or disciplinary proceedings.
(collectively “Access Suspension”).

5.5. Service Suspension may occur to all, any specific group or any individual user of Services, for reasons including but not limited to the need to remedy the effects of any defect in or compromise to any information system upon which the Company relies or that the Company in its absolute opinion believes or suspects that an order or transaction has been executed based on an aberrant value. We do not guarantee that any specific product, service content, component and/or feature will always be available to any or all users of the Platform.

5.6. You understand and agree that we may engage any Third Party Service Providers or sub-contractors to operate the Platform and to provide any or all of the Services. In no circumstances shall the Company or any of its Affiliates be liable to you or any other person for any loss, damage, costs, expenses, suits, actions or proceedings of any kind arising from or in connection with any act or omissions of any Third Party Service Providers or sub-contractors engaged or appointed by us. Any claims in connection with the acts or omissions of any Third Party Service Providers or sub-contractors shall be brought solely and directly against such Third Party Service Providers or sub-contractors and/or its directors and officers. Our liability in relation to the services rendered by any Third Party Service Providers or sub-contractors shall be limited to the use of reasonable care in the selection of such Third Party Service Providers or sub-contractors.

5.7. Subject always to your continued compliance with these Terms, we grant to you a limited, non-transferable, non-exclusive and revocable licence to use the Platform and the Services insofar as owned by or licensed to us and only for your own purposes, upon and subject to these Terms. All other rights not expressly granted to you are hereby fully reserved. Some software components used in the Platform may be offered under an open source or other licences, in which case your use of those components of the Platform shall be governed by such licence terms to the extent only of any inconsistency between these Terms and those licence terms. All rights granted to you hereunder shall revert automatically to us immediately upon the termination, deactivation or closure of your Account.

5.8. You acknowledge and agree that your use of the Services is at all times subject to your compliance with these Terms, all other applicable terms and conditions and Applicable Laws.
6.1. You may only use or continue to use the Platform and the Services only if you are, and remain, an Eligible User. If at any time you cease to meet any of the eligibility criteria set out in Clause 4.1 or in any other provisions in these Terms, you must promptly notify us and cease any further use of the Platform and the Services. Further, you must, at all times throughout your maintenance of an Account with us, comply with all of the provisions in these Terms.

6.2. Without prejudice to any other provision of these Terms, you agree and undertake that you shall not do, or, knowingly or otherwise, authorise, permit, allow or assist any other person to do, any of the actions prescribed in our "Acceptable Use Policy” or violate any terms of the “Community Guideline” as set out in Appendix 4 and 5 of these Terms respectively.

6.3. You are aware that instructions and information transmitted through the Platform are generally transmitted through the internet or Solana Blockchain and may be routed via public, transnational installations which are not specifically protected. We cannot guarantee that the instructions and information so transmitted will in fact be completely protected against such unauthorised access, and you accept all of these risks.

6.4. The calculations and records in or generated by the ledgers, systems and books of account maintained by the Company and its Affiliates (including electronic, computer, blockchain, decentralised server or nodes and microfilm stored records) in relation to the Platform, the Services and your Account, including, but not limited to, the activities, transaction history and status of your Account, shall be final and conclusive and binding upon you for all purposes (including but not limited to the particulars of each Instruction given and each transaction made under your Account, the amount of Fees payable by you and any amount of payment outstanding on your Account). You agree that such records are admissible in evidence and further undertake to waive any rights to challenge or dispute the admissibility, reliability, accuracy or the authenticity of the contents of such records in or generated by the ledgers, systems and books of account maintained by the Group. No other documents or records of any kind shall be accepted by us or have any effect under or in connection to these Terms.

6.5. We may use AI Technology for improving our search engine for us to detect and filter Contents that are in violation of these Terms (including the Acceptable Use Policy and the Community Guidelines). We hereby undertake that we would not use the Contents uploaded to the Platform for the purpose of training, modifying, improving and moderating the functionalities underpinning the AI Technology.
7.1. You acknowledge and agree that, in connection with your use of the Platform, you shall be responsible for the following, at your own cost:
1. ensuring that the virtual assets stored in the Wallet you use are safely secured (since the Wallet service is provided by Third Party Service Providers and we have no custody or any knowledge or record over the virtual assets stored in your Wallet, we shall not be responsible for any loss, theft, hacking of the virtual assets stored in your Wallet or the private keys to your Wallet);
2. obtaining and installing all hardware, software and communications services necessary for your use of the Platform in accordance with these Terms;
3. installing antivirus or other mobile security software on your device to protect against any security or other vulnerabilities which may arise in connection with your use of the Platform in accordance with these Terms; and
4. installing updates and patches for the Platform and your device in a prompt and timely manner.
We shall be entitled to assume that any and all Instructions received from your device or under your Account have been made by you as the rightful owner of the device and Account and to rely upon such Instructions conclusively without any obligation whatsoever to take any steps to verify the same, and you shall be bound by any and all Instructions given to us under your Account, whether or not authorised by you. The same applies to Delegation of Accounts of Creators. You accept full responsibility for keeping your device and Account safe and maintaining adequate security and control of your login and authentication details (including, but not limited to, your username, password and other security details), and shall likewise be solely responsible for any access to and use of the Platform and the Services through your device or Account, notwithstanding that such access and/or use may have been effected without your knowledge, authority or consent. We will not be liable to you for any loss or damage resulting from such unauthorised access and wrongful Instructions from your Account.

7.2. You acknowledge and agree that we have no control over the Wallet provided by the Third Party Service Providers and that we shall not be liable for any losses, theft, hacking, misuse of virtual assets or other assets in your Wallet or subject to any claims brought by any third parties in relation to your Wallet.
8.1. By using the Services, you agree to pay all applicable Fees (as revised or adjusted by us in our sole discretion from time to time). For details of the Fees applicable to Creators and Fans, please refer to Appendix 1 and Appendix 2 of these Terms. We will notify you of any applicable Fee before you use the Services. If you use a third-party payment service, bank fees, credit card and debit card fees charged for any purchases may be netted out of the settled amount of your purchases. You are also responsible for paying any additional fees charged by your Third Party Service Providers.

8.2. The rate or amount and calculation of the Fees may be modified, varied or adjusted by us from time to time in our sole and absolute discretion without your consent and without prior notice to you, provided that such modification, variation or adjustment shall not take effect until the same has been notified to you by publication on the Platform or otherwise.

8.3. In addition, transactions within the Solana Blockchain may also incur a network fee. The network fee is charged by and paid to the blockchain network, not to us, for facilitating any transactions.

8.4. It is your sole responsibility to determine whether, and to what extent, any Taxes apply to your use of the Platform and the Services and the receipt, transfer of virtual assets and fiat monies and to any transactions which you conduct pursuant to these Terms, and to withhold, collect, report and remit the correct amounts of Taxes to the appropriate tax authorities. Please consult the relevant tax authorities and/or advisors for the potential Tax payments. We are not obligated to, nor will we determine whether, and to what extent, Taxes apply, or calculate, collect, report, or remit any Taxes to any tax authority arising from any transaction conducted by you or on your behalf in or in connection with your use of our Services.

8.5. All payments of Fees and third-party charges shall be made without set-off or counterclaim and free and clear of and without deduction or withholding for or on account of any present or future taxes, duties, assessments or governmental charges, of whatever nature, imposed, levied, collected, withheld or assessed by any Authority in any jurisdiction having power to tax, unless compelled by Applicable Law, in which event you shall pay or caused to be paid such additional amounts as will result in the receipt by us or any relevant third parties of the amounts which would otherwise have been payable by you to us or such third parties in the absence of any such set-off, counterclaim, deduction or withholding.
9.1. You should read and consider carefully the risk disclosures in this Clause 9, together with all other information about us, our Platform and Services as contained in these Terms or otherwise made available to you on the Site or the App, before making a decision to use the Platform and Services. By entering into these Terms and making an application to open an Account with us, you confirm your understanding of the risks which may arise in connection with your use of the Platform and the Services.

9.2. This Clause 9 does not purport to be, and shall not be relied upon as, a comprehensive or exhaustive list of all of the risks associated with the use of the Platform and the Services or with holding, purchasing, selling, transferring or making other transactions in any virtual assets. Further, this Clause 9 does not necessarily reflect the relative importance of the various risks, whether generally or in your particular circumstances.

9.3. You should therefore consult with your own legal, tax, financial and other professional advisers as you deem appropriate and ensure that you fully understand the risks involved and satisfy yourself that you are willing to accept such risks before entering into these Terms or establishing any Account with us and before using any of the Services provided by us or entering into any particular transaction. It is important for you to determine with respect to each Service or transaction whether it is suitable for you in the light of your own knowledge and experience in the relevant types of transactions and assets, your objectives and personal and financial circumstances, as well as any other relevant circumstances and factors. We are not, and shall not be deemed to be, your financial, legal or tax advisor.

General

9.4. No investment advice. We do not provide investment advice and no Contents on the Platform should be considered as a substitute for tailored professional investment advice. No part of the Contents available on the Platform or otherwise provided by us should be used as a basis for making investment decisions and should not be construed as marketing or promotion of (or any attempt to market or promote) in purchasing any securities in the jurisdictions we operate in.

9.5. Independent professional advice. All information provided by or on behalf of the Company and its Affiliates is for informational and provision for our Services only and should not be construed as professional, accounting or legal advice. You should not take or refrain from taking any action in reliance on any information contained in these Terms or provided by or on behalf of the Company and its Affiliates. Before you make any financial, legal, or other decisions relating to the Services, you should seek independent professional advice from persons licensed and qualified to give such advice.

9.6. No custody of virtual assets. We do not provide any storage or custodial or wallet service of any virtual assets. Such service will be provided by the Third Party Service Providers. We will not be responsible for any loss or theft of your virtual assets or for any act or omission of any Third Party Service Providers which may be involved in the storage and custody of your virtual assets.

Risks relating to virtual assets

9.7. Loss of virtual assets. Services of the Platform requires payment using virtual assets. The risk of loss in holding virtual assets can be substantial. You may lose up to 100% of your investment in the virtual asset in a variety of circumstances, including where the network of the virtual asset does not become operational or in the event of litigation, sanctions, theft or hacking, amongst other things. You should therefore carefully consider whether holding virtual assets is suitable for you in light of your financial situation. In considering whether to hold virtual assets, you should be aware that the price or value of virtual assets can change rapidly, decrease, and potentially even fall to zero. Past performance is not an indicator of future performance.

9.8. Insolvency. Virtual assets are not recognised as legal tender in most jurisdictions. In the event that a virtual asset issuer becomes insolvent and defaults on its issued products, investors will be considered as unsecured creditors and will have no preferential claims to any assets held by the issuer. You should therefore pay close attention to the financial strength and credit worthiness of virtual asset issuers and conduct your own assessment on the soundness of the issuer and the virtual asset’s development team and the potential of any projects associated with the virtual asset. Since virtual assets are generally not backed by any assets or any government and authorities, in the event of the issuer’s winding-up, liquidation or cessation of business, the virtual assets issued by such issuer may no longer have any value and investors can lose their entire investment. We make no representations or warranties as to any virtual assets, whether generally or with respect to any of them, including whether such virtual assets will always continue to be supported by our Platform.

9.9. Private Keys. You alone are responsible for securing your private key for any address with respect to your virtual assets. Any loss of control of the private key will permanently and irreversibly deny you access to such virtual assets. Neither the Company nor its Affiliates will be able to retrieve or protect the virtual assets not held by us in your Account. Once lost, you will not be able to transfer such virtual assets to any other address or wallet, which means that you will also not be able to realise any value or utility that the virtual assets may hold now or in future.

9.10. Fraudulent Transactions. Transactions in virtual assets may be irreversible, and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable. You should note that once a transaction has been verified and recorded on a blockchain, loss or stolen virtual assets generally will not be reversible. This means accidental or fraudulent transactions in respect of virtual assets may not be recoverable.

9.11. Regulatory Framework. The regulatory status of virtual assets, cryptocurrencies, digital assets and related products and services is unclear or unsettled in many jurisdictions and is still rapidly evolving. It is difficult for us to predict how or whether governmental authorities will regulate such digital assets and related activities. Virtual assets have become a primary target of regulations in all major jurisdictions across the world. It is impossible to predict how, when or whether regulatory agencies may create new regulations with respect to such technology and its applications, including the Platform and the Services. It is likewise difficult to predict how or whether any governmental authority may make changes to existing laws, regulations and/or rules that will affect virtual assets, cryptocurrencies, digital assets, blockchain technology and its applications. Such changes could negatively impact the Platform, the Services and other products and services offered by us or our Affiliates in various ways and may cause disruption or discontinuance of functionalities and features of the Platform and provision of our Services. In such event, we may have to suspend or discontinue access to the Platform and/or some or all of the Services (whether in part or in whole).

9.12. Volatility of virtual assets. The primary payment currency of our Company is USDC on Solana Blockchain, a stablecoin pegged into USD. We are not responsible for the market of virtual assets, and we make no representations or warranties concerning the real or perceived value of virtual assets as denominated in any quoted currency. You understand and acknowledge that the value of virtual assets can be volatile, and you agree that we are not in any way responsible or liable for any losses you may incur by acquiring, holding or trading virtual assets.

9.13. Blockchain Transaction Risks. Many virtual assets are developed on open-source blockchains. Once released to the open-source community, anyone may develop a patch or upgrade for the source code of the blockchain protocol without prior permission by anyone else. The acceptance of patches or upgrades by a significant, but not necessarily overwhelming percentage of the node holders could result in a "fork" in the blockchain. The temporary or permanent existence of forked blockchains could adversely impact the operation of the blockchain protocol and the sustainability of its ecosystem. While a fork in the blockchain could possibly be rectified by community-led efforts to re-merge the two separate branches, success is not guaranteed and could take an undetermined amount of time to achieve.  Forks, airdrops and other network events may affect the features, functions, operation, use or other properties of the virtual assets being affected and may also severely impact the price or value of such virtual assets, or even result in the shutdown of the network or platform associated with those virtual assets. Such events may be beyond the control of the Group, or to the extent the Group has any ability to impact such event, the Group’s decisions or actions may not be in your best interests.

9.14. Taxation. Some virtual assets transactions may be subject to the tax laws and regulations in a relevant jurisdiction. The tax treatment and accounting of virtual assets is a largely untested area of law and practice that is subject to changes.  Tax treatment of virtual assets may vary amongst jurisdictions we operate. Additionally, there are currently no agreed standards and practices among the accounting profession as to how an auditor can perform assurance procedures to obtain sufficient audit evidence for the existence and ownership of the virtual assets and ascertain the reasonableness of the valuations. If you are unsure about the tax implications of your virtual asset transactions, you should seek independent professional advice before carrying out a virtual asset transaction.

Risks relating to technology and cybersecurity

9.15. Breakdown of hardware and software. We are not responsible for any trading or transaction of any virtual assets. Any trading of virtual asset may involve a number of technology-related risks and other risks. If you undertake transactions on Solana Blockchain or any electronic system, you will be exposed to risks associated with the system including the failure of hardware and software. The result of any system failure may be that your order is either not executed according to your instructions or is not executed at all. In particular, your attention is drawn to the following:
1. the internet is an inherently unreliable medium of data transmission and communication and that, accordingly, there are risks involved in conducting transactions through such electronic system or otherwise communicating through the internet or any electronic system;
2. access to Solana Blockchain or any electronic system may from time to time be limited, delayed or unavailable, including during periods of peak demand, network congestion, systemic failures (including hardware and software failures), systems upgrade or maintenance or for other reasons;
3. instructions given or transactions conducted through the internet or Solana Blockchain or any electronic system may be subject to interruption, transmission blackout, delayed transmission or incorrect data transmission due to, amongst other things, unpredictable traffic load, the public nature of the media used or other reasons;
4. instructions given through the internet or Solana Blockchain or any electronic system may not be executed or may be delayed so that they are executed at prices different from those prevailing at the time the instructions were given; and
5. communications and personal data may be accessed or intercepted by unauthorised third parties, including potentially malicious actors.
9.16. Hacking of virtual assets. Virtual assets may be subjected to expropriation, theft and/or fraud. Hackers or other malicious groups or organisations may attempt to interfere with our Platform in various ways, including malware attacks, denial of service attacks, consensus-based attacks, Sybil attacks, smurfing, and spoofing which may result in the loss of your virtual assets, or the loss of your ability to access or control your virtual assets. As we do not have custody over your Wallet, we shall not be liable to provide any remedy, refund, or compensation of any loss of your virtual assets. It is your responsibility to take precautions to ensure that the use and access to your Wallet would not be subjected to expropriation, theft and/or fraud.

9.17. Development of AI Technology. Cryptography is evolving and advancement in cryptography technologies and techniques, including but not limited to code cracking, the development of AI Technology and/or quantum computers, could be identified as risks to all cryptography-based and/or blockchain-based systems, including the underlying systems of virtual assets. The security of our Platform cannot be guaranteed, particularly in view of the unpredictability of the future developments in cryptography and security-related innovations.

Risks relating to Services provided by the Creators

9.18. Harassment and bullying. Although our Users should at all times comply with the Acceptable User Policy and our Community Guidelines, there is no assurance that Creators might not face online bullying. When Creators upload their Creations, they might face boundary pushing by Fans. Boundary pushing may extend beyond requesting personal information or content from Creators, and Creators might face unreasonable demands, hateful comments and requests by Fans (such as requests of instant replies through direct messages, online presence 24-7, intrusive messages and pricing negotiation for Passes). It is inherently difficult for us to control the speeches and comments of the Fans (save for the prescribed restrictions of the Acceptable User Policy and Community Guidelines), this might adversely affect the mental health, cause mental tolls and cause emotional distress of the Creators and might inflict long term psychiatric harm of the Creators.

9.19. Gender and racial discrimination. As our Platform and our Services ultimately relies on our online presence and internet, and the Creators are of different race, appearance and gender, there is no assurance and guarantee that we could control and prevent hateful and abhorrent comments (the “Hateful Comments”) by Fans on Creators, especially on racial and gender discrimination. As Creators rely on subscriptions and payment of Fans, the proliferation of Fans for Creators might expose Creators to higher risks of mental trolls and emotional distress due to posting of Hateful Comments, as the higher the number of Fans the higher chance of Creators receiving more Hateful Comments. Although we have blocking features and reporting mechanism in place for the Platform for Creators to prevent harassment and Hateful Comments from Fans, it is ultimately for the Creators to establish the boundaries between Fans (such as denial for excessive requests and demands from Fans). The Creators understand and acknowledge that they might face loss in their income generated from the Platform as establishing boundaries might constitute monetary loss of Creators as Fans might choose to sell the Passes and discontinue subscriptions. The Creators hereby agree that we are in no way responsible or liable for any loss that might incur by establishing boundaries with Fans.

9.20. Content Leakage and Theft. Although Creators’ content on Wink is paywalled, certain contents of the Creations might still be illicitly captured (through deepfakes) and there is no guarantee that consent is obtained for screenshotting and downloading of the Creations (the “Stolen Creations”), and there is no assurance that we can control such dissemination of Stolen Creations in other social platforms. Perpetrators and attackers might have malicious motives and leak such Stolen Creations for their personal and financial gain, as they might use the Stolen Creations to distribute in other social platforms, which is beyond our control. In the transactional context of Wink, content theft and Stolen Creations deprives Creators of income. Perpetrators and attackers may thus be motivated to engage in content leaks to obtain content for free or to leverage fraudulent obtained content to profit financially, which might constitute the following implications for Creators:-
1. Privacy violation and image-based sexual abuse. While Creators consent to post and share their intimate content within the Platform through their Creations, they do not consent to it being further shared nor viewed outside the context of the Platform or being distributed in other social platforms or websites. Thus, leaks of Creators’ intimate content are a form of image-based sexual abuse. Such abuse is a violation in itself and has significant emotional and psychological consequences on the Creators. Such non-consensual image-based sexual abuse might inflict serious harm, causing Creators to suffer devasting consequences across various aspects of their lives, both personal and professional. It might lead to “social rapture” which divides their existence into “before” and “after” abuse, resulting in long term psychological harm (such as shattered trust, social isolation, considerable mental and psychological distress) of Creators. In addition, as we use Third Party Service Providers for our KYC Procedures and Requirements, there is no assurance that such Third Party Service Providers would implement adequate safety measures in place to ensure such contents are secure from screenshots and screen-recordings, creating a risk of unauthorised distribution of Creators’ materials, constituting both service theft and image-based sexual abuse.
2. Abusive behaviour of attackers. Attacker motivations for content leaks may vary in a case-by-case basis. Attackers may also non-consensually distribute the Creators’ intimate content as a targeted form of abuse by doxxing Creators and/or outing them as members of stigmatised communities (e.g., sex workers and the LGBTQ community). Attackers may do so by deliberately leaking Creators’ content and linking it to the personal information of the Creators, so it is difficult for us to control and trace such permanent content leaks and impact of such leaks, and such content leaks might affect the Creators both psychologically and financially (their job prospects might be affected as they might not pass the background and reference checks due to such content leaks and personal information being exposed).
9.21. Risks of Chargebacks. Chargebacks usually happen when a purchaser falsely and wilfully disputes the charge of product, often by conducting false reporting such as reporting credit card fraud or claiming they do not recognise the payments on a bank statement. The adult industry has particularly high chargeback rates due to the discreet and stigmatised nature of purchasing adult content. For Creators, chargebacks are passed on directly to Creators, meaning they might face risks of Fans paying for the Subscriptions without ultimately paying for it, violating their consent and impacting their revenue derived from the Platform. In addition, as our main payment method for the Services offered in the Platform is USDC and we do not have custody over the Users’ virtual assets in the Wallet, if the Wallet is being hacked or there is malfunction or breakdown of the Solana Blockchain, there is no assurance that the payment could be made and Creators might not be able to receive their payment.

9.22. Risks of Policy Changes and De-Platforming. As we provide our Services across different jurisdictions, different jurisdictions might have different legislations, policies and regulations for regulating platforms for adult content. Apart from the relevant legislations and regulatory framework divulged in Appendix 8 of these Terms, there is no assurance that we would be able to timely modify and amend these Terms to keep up with the rapidly evolving regulatory environment across different jurisdictions. Our modification and amendments of Terms and other relevant policies (the “Policy Changes”) for our Services might be required due to Applicable Laws in different jurisdictions, and there is no assurance that our Terms and other relevant might not, in certain extent, be stigmatising and restrictive after such Policy Changes. The Policy Changes might lead to de-platforming and reduce Platform’s accessibility, which might have profound financial and emotional impacts on Creators.

9.23. Risks of Account Delegation. The Creators have the right to select Account delegation (the “Delegation”). Although we are informed of such Delegation by the Creators (including the commencement and termination of such Delegation), it is difficult for us to track the scope and extent of such Delegation (such as the duration of such Delegation, how should the Account been managed ). The Creators, by choosing such Delegation function, undertakes that (i) the persons/corporations (the “Persons”) of such Delegation shall be bound by these Terms (inclusive of all the Acceptable User Policy and Community Guidelines herein)as if they are Users of the Platform and (ii) the Creators shall be hold accountable for the actions of such Persons (including but not limited to the breaches of the Terms). Creators are legally responsible for all the Contents they upload on our Site or Platform and to ensure all the Contents is in compliance with these Terms, regardless of whether there is Delegation to any other Persons for their Accounts. The Creators acknowledge that by selecting such Delegation function, they are subject to risks such as stolen contents of Creations, wrongful interpretations of instructions of Creators by the Persons, unauthorised responses to direct messages of the Persons, unauthorised posting of Creations of the Persons, and any other risks incidental to the actions committed by the Persons during the course of such Delegation (the “Delegation Risks”). The Creators hereby agree that we are in no way responsible or liable for any loss, demands, claims, suits and proceedings arising from the Delegation Risks and shall not be required to provide any compensation and indemnity thereto.

9.24. Censorship

By using our Platform, there might be risks of censorship:
1. Sex workers censorships. It is an inherent fact that sex workers often face risks stemming from different legislatures and social norms across different countries, as the legality of sex works varies from countries to countries. As we would update our Terms from time to time to tailor with such legislative changes, there is no assurance that we might not impose any content restrictions and bans for content published and uploaded by Creators that are sex workers, which might constitute, in certain extent, “over-censorship” in the Creators’ point of view. This might lead to potential de-platforming of Creators, regardless of whether the Creators are using the Platform for their work. Such censorship might lead to diminished financial stability and security of Creators, and might have profound financial and emotional impacts on Creators.
2. Platform censorships. It is difficult of us to control the actions of Creators as Creators might work cross-platform to drive Fans to their accounts. These platforms might, upon discovering such cross-platform sharing, remove, block or restrict the content that Creators share, shadow-ban their accounts, or remove the Creators from those platforms, even though the Creators had not violated the terms of use of such platforms. As the fears of shadow-banning and censorship might develop and aggravate, this might discourage promotions of our Platform, which might potentially cause cascading of number of Fans and subscribers, or even the number of Creators. Other instances of censorship might be due to factors such as co-moderation (where other users participate in moderation by blocking and reporting other people). This might potentially affect our income due to fear of shadow banning and censorship, which might adversely affect the profit of the Creators as our Platform’s Users might be reduced.
9.25. Risks of Generative Artificial Intelligence

With the prevalent use and development of generative artificial intelligence (the “GenAI”), individuals, organisations and political institutions are subject to risks arising from GenAI. GenAI could create realistic images, videos, visuals and audios of persons based on photographs and videos, which could be used to generate “Deepfakes”, which might transcend to potential harmful productions such as “Deepfake porns” of individuals and celebrities that could be widespread in the internet and social networks. In addition, Deepfakes could be used to perform scamming by fraudsters, such as creating false images of celebrities, artists or key opinion leaders to induce people to invest in false trading platforms, and other potential impacts of Deepfakes include hallucinations and fake news (creating false information of users and companies that creates online deception). Although we have blocking features and complaint policies in place for the Platform, there is no assurance that Creators would not face the following risks:-
1. Target Attacks. The Creators in our Platform might be the subject of target attacks of false information and/or Deepfake porns. The Creators might suffer from serious psychological and reputational harm which might be long lasting (such as dissemination of false statements that is damaging to the reputation of Creators, or even creating unauthorised videos, visual images, photos of Creators that would be widely distributed and disseminated in other social platforms and websites apart from Wink). In addition, the widely adaptation of Deepfakes might provoke societal issues such as sexism, harassment, cyber-bullying in our Platform, and coupled with the effect of GenAI, that might potentially erode the trust and confidence of the Users in our Platform which lead to drop in number of Users of our Platform.
2. Catfishing. Catfishing is an impersonation attack in which an attacker creates a fake online profile to trick people, usually for financial gain. In the context of Wink, catfishing means someone copying Creators’ videos or posts to impersonate their Wink identify elsewhere and engage in fraud. Some common examples of Catfishing might be utilising Deepfakes in creating false social profiles of Creators for their own financial gain and motives, which damages Creators’ reputations and harms their followers or Fans, thus causing the dropping of the number of Fans. This might adversely affect the profit of the Creators and lead to potential consequences of de-platforming and platform censorship.
THIS CLAUSE IS NOT, AND IS NOT INTENDED TO BE, AN EXHAUSTIVE LIST OF RISKS INVOLVED IN OR ASSOCIATED WITH THE USE OF THE PLATFORM OR THE SERVICES OR CARRYING OUT ANY TRANSACTIONS ON OR THROUGH THE PLATFORM. AS OUR PLATFORM IS ASSOCIATED WITH ADULT CONTENT AND MATERIALS, USERS MIGHT FACE ONLINE RISKS SUCH AS TARGET ATTACKS, HATE SPEECH, THREATS OF VIOLENCE, IMPERSONATION, ACCOUNT HIJACKING, STALKING, CENSORSHIP AND FALSE REPORTING. YOU SHOULD, THEREFORE, CAREFULLY CONSIDER WHETHER OUR PLATFORM IS SUITABLE FOR YOU IN LIGHT OF YOUR CIRCUMSTANCES AND FINANCIAL RESOURCES, PSYCHOLOGICAL STATE AND SHOULD CONSULT YOUR OWN FINANCIAL, LEGAL AND/OR ANY OTHER ADVISERS BEFORE THE USE OF OUR PLATFORM.
10.1. The Company may at any time, and without liability to you, terminate, suspend, or limit your use of the Services in accordance with the terms and conditions. You agree and acknowledge that:
1. you shall not be entitled to any payment, compensation or damages from us in relation to such termination, suspension or limitation of your use of the Services for any reason whatsoever; and
2. our rights of limitation, suspension and termination of any Service or your access thereto under these Terms shall be without prejudice to any other rights or remedies which we may have, whether under these Terms or Applicable Laws.
10.2. If you wish to deactivate or close your account at any time, you can do so by navigating to Settings, selecting Account, and clicking Delete. Please be aware that all content, chat history, and memberships will be permanently lost and cannot be retrieved. Additionally, your account alias will be released for use by other users on the platform. Please note that any previous purchases will not be refundable upon deactivation or closure of your account. You acknowledge that you may be required to accept additional terms and conditions prescribed by us in relation to such suspension, deactivation, termination of Services or deactivation or closure of Account, which will be notified to you in writing.

10.3. If, at the time of the submission of your Account closure request, your Account has any outstanding or ongoing obligations, commitments, liabilities (including but not limited to any amounts owed to the Company) or activities (including but not limited to any pending or partially executed orders or transactions), regardless of whether or not such obligation, commitment, liability or activity has matured or accrued or remains contingent, you agree that the Company shall not be obliged to process such Account closure request until all such obligations, activities or commitments have been fully discharged or completed.

10.4. These Terms shall terminate immediately upon the closure of the User’s Account and no further use of the Platform and Services being made by the User, upon which the User shall be released from further performance of its obligations hereunder and these Terms shall be of no further force or effect, provided that:
1. termination shall not relieve either Party from any obligations or liabilities which are outstanding on or relate to matters or claims occurring or arising prior to the date of such termination or impair or prejudice any of the rights or remedies of either Party accruing prior to such termination; and
2. provisions of these Terms expressed or intended to survive the termination of these Terms shall continue to operate in full force and effect.
11.1. The Company and their respective licensors shall be the exclusive owners of all intellectual property rights, including but not limited to any patent, copyright, trademark, trade name, service mark, service name, brand mark, brand name, logo, corporate name, internet domain name or industrial design, and any registrations thereof and pending applications therefor (to the extent applicable), as well as any know-how, trade secret, trade right, formula, conditional or proprietary report or information, customer or membership list, any marketing data, and any computer program, software, codes, technology, graphics, files, icons, scripts, videos, text, images, content, other materials, database or data right, any licence or other contract relating to any of the foregoing, and any goodwill associated with any business owning, holding or using any of the foregoing (collectively “Intellectual Property Rights”) which are used for, relate to or involved in the Company and its Affiliates’ respective products, services, businesses and activities, including but not limited to the Platform, the App, the Site, the Services and the Contents. You shall not obtain and shall not take any action to claim or assert, any interest or share in, the Intellectual Property Rights of the Company, its Affiliates or their respective licensors by virtue of these Terms or your use of the Platform or the Services. Save for the limited licences and rights expressly granted by you under these Terms, no other rights are granted to you in respect of any of the Intellectual Property Rights of the Company and its Affiliates and their respective licensors, the Platform, the Services or the Contents. All rights and licences not expressly granted to you hereunder are fully reserved by the Company. Nothing in these Terms shall be construed as conferring any right or licence to any Intellectual Property Rights of the Company or any third party, whether by estoppel, implication or otherwise.

11.2. You shall not violate or infringe, and shall not authorise, counsel, induce, assist or procure any other person to violate or infringe, the Intellectual Property Rights of the Company or any third party. You further undertake not to take or attempt to take any action or claim ownership of any property that violates or infringes the Intellectual Property Rights of the Company and their respective licensors. Without limitation to the generality of the foregoing:
1. you may only access, use and print the information, Contents and materials on the Platform or the Site for non-commercial and non-profit making uses (such as for your own informational and record-keeping purposes);
2. no part or parts of Contents, format or design of the Platform, the Site or the Services may be reproduced, distributed, republished, printed, displayed, broadcast, hyperlinked, transmitted, adapted, modified or used to create derivative works or otherwise commercially exploited in any manner or by any means or stored in an information system without our prior written permission; and
3. to the extent that the Platform or the Site contains any functionality that allows you to access or download specific materials, your use of such functionality and the downloaded materials may be subject to separate terms and conditions which you will be asked to read and accept at the relevant time.
11.3. To the fullest extent permitted by law, you shall upon demand defend, protect, hold harmless, and indemnify the Company and its Affiliates from and against any and all liability, loss, claims, demands, suits, costs, fees and expenses (including actual fees and expenses of attorneys, expert witnesses, and other consultants), by whomsoever brought or alleged, for violation or infringement of any person’s Intellectual Property Rights arising from or in connection to any of your act or omission.

11.4. You agree to grant us a license under all your Contents to perform any acts for any purpose related to the provision and operation of the Platform and also for general marketing purposes of Wink. Such acts including but not limited to reproduce, make available and communicate to the public, display, perform, distribute, translate, and create adaptations or derivative works of your Content, and otherwise deal in your Content.

11.5. The license which you grant to us under Clause 11.4 above is perpetual, non-exclusive, worldwide, royalty-free, sublicensable, assignable and transferable by us. You hereby agree that the license will continue even after the termination of these Terms and you are no longer using the Platform, that we do not have to pay you for the license, and that we can grant a sub-license of your Contents to someone else or assign or transfer the license to someone else. We shall be able to add stickers, text, and watermarks to your Contents, to make your Contents available to other Users of the Platform or any other use as we deem fit.

Creator’s Intellectual Property Rights

11.6. The Creator undertakes that he or she is the sole and exclusive owner of the intellectual property rights associated with the Creations uploaded to the Platform (“Creator IP Rights”) and/or they have obtained all the necessary licences, permits or rights to the Creations uploaded to the Platform (if consent of third parties’ intellectual property right is required). The Creator shall, upon demand, defend, protect, hold harmless, and indemnify the Company and its Affiliates from and against any and all liability, loss, claims, demands, suits, costs, fees and expenses (including actual fees and expenses of attorneys, expert witnesses, and other consultants), by whomsoever brought or alleged, for violation or infringement of any third parties’ intellectual property rights arising from or in connection to any of the Creator’s omissions in failure to obtain the necessary licenses, permits or rights to the Creations uploaded to the Platform.

11.7. Wink does not tolerate and permit Creator IP Rights infringement activities, and will expeditiously remove such infringing content in response to a valid Takedown Request (as defined below). If the Creators believe that any of the Creations being uploaded to the Platform constitute an infringement of the Creator IP Rights (the “Infringement”), the Creator shall promptly notifies us and send us a copyright infringement takedown request (“Takedown Request”). The Takedown Request should be submitted through the form (or any other prescribed form of written notice) containing the following information:
1. a detailed description identifying the material claimed to have been infringed and to be removed, and the location where the original or an authorized copy of the material exists;
2. a statement confirming that the Creator is the rightful owner of the Contents and he or she acts in good faith of such Takedown Request;
3. a statement confirming that the Creator permits the content of such Takedown Request to be adduced as evidence as required by Applicable Laws for such Infringement;
4. a statement confirming that the Creator shall cooperate with all the reasonable requests of the Platform or regulatory authorities of adducing, collecting and processing evidence of the Infringement, and failing which would result in failure or delay in processing the Takedown Request; and
5. information reasonably sufficient to permit Wink to contact the Creator, such as the physical address, telephone number and an email address of the Creator;
11.8. The Creator by submitting the Takedown Request acknowledges that for the specific purpose of reviewing and processing the alleged Infringement, when submitting a Takedown Request, we are required to process the personal data of the Creator. For the purpose of this section, personal data includes the Creator’s name, contact information, as well as the Contents of the Takedown Request.

11.9. Where the party against whom the Creator is making his or her Takedown Request resides outside the jurisdiction the Creator resides in, the Creator also acknowledges and consents that his or her personal data may be transferred outside the jurisdiction he or she resides in and we consider the transfer of such personal data to be necessary for the establishment and defence of any actual or potential legal claims arising from such Infringement. We undertake to transmit the Creator’s personal data exclusively for the purpose of assessing the merits of his or her Takedown Request and will notify the recipient of the data of this limited purpose only and the confidential and sensitive nature of the personal data. However, it is difficult for us to control the use of the Creator’s personal data by the recipient, and we do not accept that we are in the position of being a joint controller of personal data sent to the recipient and we do not accept any associated liability for any breaches of any potential unauthorised distribution or dissemination of personal data of the Creator. Notwithstanding the foregoing provisions, we reserve the right to reject or turn down the process of such Takedown Request with or without cause after our investigations of such Takedown Request.

11.10. For details of the Illegal Submissions Takedown Request, please refer to our Report and Complaint Policy.
12.1. Each Party (the “Receiving Party”) acknowledges that it may acquire certain Confidential Information of the other Party (the “Disclosing Party”) in connection to the entry into and performance of these Terms and in exercising its rights or carrying out its obligations hereunder. Except as specifically provided by these Terms or otherwise authorised by the Disclosing Party in writing or as reasonably necessary for the Receiving Party to carry out its obligations hereunder, the Receiving Party: (i) shall retain in confidence and treat as trade secret all Confidential Information of the Disclosing Party; (ii) shall not use any Confidential Information of the Disclosing Party for its own benefit other than for the purpose of the performance of its obligations exercise of its rights hereunder; and (iii) shall not disclose such Confidential Information to any third party except to the employees, agents and independent contractors of the Receiving Party (and also, in the case of the Company, its Affiliates) on a need-to-know basis. The Receiving Party shall ensure and procure any person to which it discloses any Confidential Information of the Disclosing Party as permitted by this Clause 12 is subject to, and observes, the same confidentiality obligations with respect to such Confidential Information of the Disclosing Party as contained in this Clause 12.

12.2. Nothing in these Terms shall prohibit, prevent, inhibit or otherwise affect the obligations of the Receiving Party or any of its employees, agents and independent contractors (and, in the case of the Company, its Affiliates) to disclose any information in accordance with the Applicable Laws or as requested by any Authority, provided that: (i) the Receiving Party shall notify the Disclosing Party as soon as practicable after becoming subject to such disclosure obligation so that the Disclosing Party may seek a protective order or other appropriate remedy; and (ii) any such disclosure of Confidential Information shall be limited to the extent required by Applicable Laws and/or the request of the relevant Authority.

12.3. Each Party acknowledges that any breach of this Clause 12 may cause irreparable harm for which monetary damages are insufficient remedies and, therefore, that upon any breach by a Party of this Clause 12, the other Party shall be entitled to seek equitable relief, including injunction and specific performance, as a remedy for any such breach, in addition to all other remedies available at law or equity to the Party.

12.4. The provisions of this Clause 12 shall survive the expiration or termination of these Terms and shall continue to be binding upon the Parties for a period of [three (3) years] after such expiration or termination.

12.5. For the purposes of this Clause 12, the term “Confidential Information”:
1. means: (i) the terms and contents of these Terms and any other agreement, contract, deed or instrument which may be entered into between the Parties in connection to the subject matter of these Terms; and (ii) all information, data, contents and materials disclosed or provided by or on behalf of the Disclosing Party to the Receiving Party in connection with the negotiation, closing and performance of these Terms, which is of a confidential nature (whether or not marked as such and whether in oral or written form), including without limitation, customer information, business objectives, sales strategies, marketing programmes and methods, analyses, reports, sales data, customer lists, software programmes, algorithms, know-how, technologies, programming techniques and technical, developmental, cost and budgeting information; and
2. does not include information which: (i) has come to the knowledge or possession of the Receiving Party prior to disclosure by the Disclosing Party; (ii) has entered the public domain other than as a result of disclosure by the Receiving Party in violation of the provisions of this Clause 12; or (iii) is or becomes available to the Receiving Party from a third party which has no confidentiality obligations to the Disclosing Party.
13.1. By using the Platform and the Services, you confirm that you have read, understood and agreed to our Privacy Policy (as amended, modified, updated and supplemented by us from time to time) and understand how we collect, use, process and disclose your Personal Data to our Affiliates, Third Party Service Providers and other relevant third parties. We will only disclose your Personal Data in order to provide you and to facilitate your use of the Services, or as required by Applicable Laws or the request or order of an Authority having competent jurisdiction. For full and comprehensive information about when and why we collect Personal Data about you, how we use it, the conditions under which we may disclose it and how we keep it secure and how you may request for access to your Personal Data, please refer to our Privacy Policy uploaded on our Site and Platform.

13.2. We reserve the right at any time to take any action to fulfil our internal requirements and obligations (including but not limited to obligations under Applicable Laws) with respect to your Personal Data, including but not limited to requesting relevant original documents, disclosing your Personal Data with the relevant Authorities or to our Affiliates and Third Party Service Providers, and verifying your Personal Data against secure internal or third-party databases, for purposes such as prevention of fraud, money laundering and terrorist financing or any other legitimate purpose. For details, please refer to our Privacy Policy.
14.1. The Services are provided on an "as is'' and “as available” basis and without any representation, warranty or undertaking, whether express, implied, or statutory, except as expressly provided in these terms. To the fullest extent permitted by law, we disclaim all other representations, warranties or undertakings, express or implied, made to you, your Affiliates or any other person, including without limitation, any warranties regarding title, non-infringement, timeliness, quality, suitability, merchantability, fitness for a particular purpose or otherwise (regardless of any course of dealing, custom or usage of trade) in relation to the Platform services or any other goods or services incidental thereto the platform. Additionally, we do not represent or warrant that the content of the Services and any other information or materials on the Platform or the Site or are accurate, complete, reliable, current, or error-free. While we attempt to make your use of the Services safe, we cannot and do not represent or warrant that the Services are free of viruses, malicious attacks from hackers or other harmful components.

14.2. To the extent permitted by Applicable Law, notwithstanding anything in these Terms, we and our Affiliates, agents and representatives shall not be liable to you for any losses or damage, costs, expenses or claims:
1. due to an unusual or unforeseeable event, outside our reasonable control and/or the consequences of which could not have been avoided even if all due care had been exercised (including but not limited to any Force Majeure Event);
2. arising from or in connection with:
  1. any Service Suspension or Access Suspension, or any interruption, delay, suspension, discontinuance or failure of the Services;
  2. any rejection, cancellation, reversal, voiding or delay in processing of any Instruction;
  3. any non-execution, partial execution or delay in execution of any transaction;
  4. use of your device or your Account by third parties, whether authorised or unauthorised by you; or
  5. any unauthorised use of the Services contrary to these Terms by you or under your Account;
3. due to any actions and steps taken which are necessary for compliance with Applicable Laws and/or orders of courts of competent jurisdiction or relevant governmental or regulatory authorities;
4. for lost profits, lost revenues, lost business opportunities, lost data, other intangible losses or any punitive, exemplary, special, incidental, indirect or consequential losses or damages, regardless of whether such losses or damages were direct or indirect, foreseeable or unforeseeable, and whether we and our Affiliates, agents and representatives have been advised of the possibility of such damages;
5. resulting from hacking, tampering, virus transmission or other unauthorised access or use of the Platform, the Services, your Account, or any information, feature or functionality contained therein; or
6. in connection to any act or omission on the part of any third parties.
provided that nothing in these Terms shall operate to limit or exclude any liability for fraud or gross negligence.

14.3. You agree and acknowledge that any claims which you may have against us under these Terms may only be brought on an individual basis and not as a plaintiff or class member in any purported class or representative actions or proceedings, and hereby waive any and all rights to such class action or representative actions or proceedings. No court or adjudicator may consolidate or join more than one person's or party's claims and may not otherwise preside over any form of any consolidated, representative, or class proceedings. Any relief awarded to any user of the Platform or the Services shall not affect any other users.

14.4. You agree and acknowledge that we assume no liability or responsibility (financial or otherwise) for the truthfulness, accuracy, intent, motives, or behaviour of Users of the Platform. By registering as an User, it is solely your responsibility to verify the accuracy, truthfulness, intentions, and motives of the Users you interact with in our Platform, and you shall bear your own risks of exchanging personal information with the Users in the Platform. We are not responsible, or liable for any aspect (legal, financial or otherwise) of any conversations, contact, or other information exchanged between Users online or offline. Save for the posts that violate these Terms herein, we shall not be responsible to seek confirmations, verify or validate the accuracy or the reliability of any of the information, messages and posts posted by Users on the Platform (including but not limited to texts, photographic images, videos, blog posts and any other relevant content for interactions between Users). You are encouraged to thoroughly inspect the credentials and background of any Users you contact or communicate with through our Site or Platform.
15.1. Each of the Users hereby represents, warrants and undertakes to the Company that each of the Warranties is true accurate, complete and not misleading in any material respect as at each day that these Terms are binding upon the User (including each day from the opening of an Account up to and until the closure of such Account). Each of the Users hereby acknowledges that the Company, in entering into these Terms, is relying on each of its Warranties.

15.2. Each of the Users undertakes to notify the Company in writing, as soon as reasonably practicable, of any matter or event coming to its attention which renders or could reasonably be expected to cause any of its Warranties to be or to have been untrue, inaccurate, incomplete or misleading in any material respect.

15.3. Each of the Warranties shall be separate and independent and, save as expressly provided herein, shall not be limited by reference to any other paragraph or anything in these Terms.

15.4. Each of the Users represents, warrants and undertakes to the Company, in the following terms, as of each day that these Terms are binding upon it:

Capacity, standing and authority
1. The User is, has been and will remain an Eligible User for so long as the User maintains an Account with the Company.
2. If the User is a natural person, the User is of sound mind, has the legal capacity to enter into these Terms, has entered into these Terms at his or her own will, and understands the nature of the obligations to be assumed by him or her under these Terms.
3. These Terms constitute legal, valid and binding obligations of the User enforceable in accordance with their terms and conditions (subject, as to enforceability, to limitations resulting from bankruptcy, insolvency and other similar laws affecting creditors’ rights generally).
Full understanding
1. You have read the entirety of these Terms (as amended, modified, updated or supplemented from time to time) and fully understands each of the provisions contained in these Terms. You have sought independent professional advice prior to entry into and acceptance of these Terms (as amended, updated or supplemented from time to time) where necessary or, if you have not done so, you acknowledge you have been advised to do so but have deemed it unnecessary and assume all risks (including but not limited to those set out in Clause 9) arising from or associated with acceptance of these Terms and your use of the Services.
2. You have sufficient understanding of adult content, virtual assets, token storage mechanisms (such as digital wallets) and blockchain technology to understand the Terms and the terms and features of the Services offered hereunder, and to appreciate the risks and implications (including but not limited to those set out in Clause 9) of registering for and using the Services.
No litigation or default
1. No litigation, arbitration or administrative proceeding is currently taking place or pending or, to the knowledge of the User, threatened against the User, or its or their respective assets or revenues.
Legal and regulatory compliance
1. The User has not been in contravention of any Applicable Laws in the jurisdiction(s) in which it resides.
2. All funds being used by the User for the purpose of paying any Fees and any other amount (including any interest, penalties, damages and indemnities) are legally and beneficially owned by the User and not obtained through suspicious sources, are not proceeds of crime, and the User has conducted sufficient due diligence against the source of such funds.
Accuracy of information
1. All information provided by or on behalf of the User in connection with these Terms to the Company and its Affiliates is true and accurate in all respects and all forecasts and projections contained therein were arrived at after due and careful consideration on the part of the User and were, in its considered opinion, fair and reasonable when made. The User is not aware of any fact which has not been disclosed in writing to the Company which might have a material effect on any such information, forecasts or projections or which might affect the willingness of the Company to enter into these Terms with the User or to grant to the User the Account or to provide the Services to the User. The User undertakes to notify the Company in the case of inaccurate information provided to the Company and its Affiliates.
16.1. You agree to, upon demand, indemnify, protect, defend and hold harmless the Company, its Affiliates and its Third Party Service Providers, and each of their officers, directors, agents, joint venture entities, employees and representatives (collectively “Indemnified Parties”), from and against any losses, damages, costs, expenses (including but not limited to any legal costs and expenses and fines, fees or penalties imposed by any regulatory authority), claims, demands, litigation, arbitration or other proceedings brought by any person against any of the Indemnified Parties arising out of or in connection with (a) your breach of any provision of these Terms; (b) your use (or misuse or abuse) of the Platform and the Services; (c) your violation of any Applicable Laws or the rights of any third party; and (d) any fraud, negligence, default, misconduct or any other act or omission on the part of you or your agents and representatives. It is hereby expressly agreed and acknowledged by the Parties that the provisions of this Clause 16 shall survive the termination or expiration of these Terms.
17.1. By using Wink, you acknowledge and agree as follows:
1. Our Services and features are provided without warranties of any kind, express or implied. To the fullest extent permitted by law, we disclaim any and all warranties, express or implied, with respect to and all of the Services, including, and without limitation, implied warranties of merchantability and fitness for a particular purpose.
2. We do not warrant or guarantee the accuracy, usefulness, completeness, or reliability of Wink, or the results of your use of Wink. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to Wink, or by anyone who may be informed of any of its contents.
17.2. Your use of our Services will be solely and entirely at your own risk. We do not warrant or guarantee that all our Services will be available at any particular time or location, nor secure, uninterrupted, or free of errors, viruses, and other harmful and malicious attacks. We do not warrant or guarantee that defects or errors will be corrected and timely identified by us. You are responsible for implementing adequate procedures and measures for anti-virus protection in the course of accessing our Services. To the fullest extent provided by law, we will not be liable for any loss or damage caused by any breakdown of software and hardware, distributed denial-of-service attack, viruses, or other technologically harmful material that infect your Wallet, computer equipment, computer programs, data, or other proprietary material due to your use of Wink.

17.3. As our Contents in the Platform inherently comprised of adult materials, by registering as Creators, you acknowledge that you might face harassment and bullying (including but not limited to boundary pushing, cyber bullying, doxxing, abnormal requests, gender and racial discrimination and all the risks mentioned herein in these Terms) from Fans or other malicious attackers. By using our Services, we do not warrant and guarantee that the Creations might not be subjected to content leakages, privacy violations, targeted attacks, hate speech, threats of violence, impersonation, account hijacking, stalking, false-reporting, censorship, deepfake and image-based sexual abuse (the “Abuse”). To the fullest extent provided by law, we will not be liable to provide any compensation and indemnity for loss of earnings, psychiatric injury and mental distress resulted from the said Abuse. In addition, there is also no assurance that Creators might not face catfishing and chargebacks resulting in loss of income and revenue from the Platform. In the event that Creators decide to conduct self-censorship and terminate the Account with us due to the above Abuse, we shall not be responsible to reimburse and provide any compensation for loss of income for the Creators.
18.1. As our Company operates in different jurisdictions, we are required to comply with the requirements of the Applicable Laws relating to AML/CTF (collectively the “AML Laws”). We are also required to observe with the AML Laws and guidelines as prescribed and published by different Authorities from time to time in the jurisdictions we operate in. In addition to initial KYC Procedures and Requirements, we are also responsible for ongoing review and monitoring of our business relationship, including monitoring of your Account and all activities conducted by your Account, in accordance with the Terms herein. You agree to cooperate with us fully with respect to all AML/CTF measures adopted by us, including but not limited to providing all information and documents and answering all enquiries which we may have with respect to you, any transactions or other activities carried out under your Account, as well as your source of funds and source of wealth.

18.2. You further agree and acknowledge that we may take any and all actions as we in our sole and absolute discretion consider necessary or appropriate for the purpose of complying with the AML Laws and our internal policies and procedures with respect to AML/CTF, including but not limited to any temporary or permanent suspension or termination of your Account or of your access to the Platform or our provision of any Services to you or the imposition of additional limits on your transactions or other activities under your Account, without prior notice and without liability or compensation to you.
19.1 If you have any feedback, enquiries or complaints or wish to make a report, please contact us via email at info@likelabs.io and our Communication Portal, or through the procedures prescribed in our Report and Complaint Policy. Whilst we strive to respond to you as soon as possible, for more complicated issues, it may take us thirty (30) Business Days or more to resolve and revert to you. You accept and agree that we shall not be responsible for any loss and damage incurred due to any delay in responding to any of your feedback, enquiries or complaints.
20.1. These Terms (including the Appendices herein) may from time to time be updated, amended, revised or supplemented by us as we in our absolute discretion deem appropriate. Such updated Terms as posted by us will take effect immediately upon publication unless otherwise stated in such notice. You should regularly check the Platform, the Site and our Communication Portal to inform yourself of any such changes. In addition, we may at any time change, add or remove any feature or functionality of the Platform without prior notice. By continuing to use the Platform and/or the Services after any such changes have taken effect, you are indicating your acceptance of the updated or amended Terms as well as your acceptance of the updated Platform and Services and shall be bound by the same accordingly. If you do not wish to be bound by any changes, amendments or supplementations to these Terms then you should stop using the Platform and the Services immediately, including taking steps to deactivate your Account and inform us through our Communication Portal directly.
21.1. Save as disclosed in 21.3 below, these Terms, and any rights and obligations and licences granted to you hereunder, are limited, revocable, non-exclusive and personal to you and therefore may not be transferred, assigned, novated or delegated by you to any third-party without our prior written consent. Any attempted transfer or assignment in violation hereof shall be null and void. Subject to the foregoing provisions of this Clause 21, these Terms shall be binding on and enure for the benefit of the successors and assigns of each of the Parties.

21.2. We may transfer, assign, novate or delegate any or all of our rights and obligations under these Terms to any other party (including but not limited to any of our Affiliates) without prior notice to you and without your approval or consent.

21.3. As disclosed in Clause 9 hereinabove, Creators may transfer, assign, novate or delegate any of their Accounts to any other Persons, provided that prior to such Delegation written notice shall be provided to us. These Terms shall be binding upon and enure for the benefit of the successors and assigns of the Creators.
22.1. If any provision of these Terms is determined by any court of competent jurisdiction to be invalid, illegal or incapable of being enforced, in whole or in part, the remainder of that provision and of these Terms shall remain in full force and effect as if such invalid, illegal or unenforceable provision or the relevant part of such provision) had never been contained herein. Upon such determination by a court of competent jurisdiction, we may introduce a new term or provision to replace the invalid, illegal or unenforceable provision (or the relevant part of such provision), which, as far as legally possible: (i) most nearly reflects the intent and effect; and (ii) results in the economic and legal substances of the transactions contemplated hereby, as we in our sole and absolute discretion deem appropriate.
23.1. These Terms, together with the Terms of Use for Creators, Terms of Use for Fans, the Referral Program Term, the Acceptable User Policy, the Community Guidelines, KYC Procedures and Requirements and any other document, agreement or terms in relation to the operation of the Platform incorporated by reference herein, constitute the entire agreement between the Company and the Users with regard to the User’s use of the Platform and the Services and supersedes and replaces any and all other prior representations, arrangements, understandings, and agreements relating to the same subject matter, whether oral or in writing, and whether express or implied. You acknowledge that in entering into these Terms, you do not rely on any statement, representation, warranty, or understanding other than those expressly set out in these Terms.
24.1. Nothing in these Terms or the provision of the Services to you under these Terms shall create a relationship of partnership, agency, trust or advisorship, and nothing in these Terms shall create any fiduciary relationship between us. We shall owe no responsibility or obligation to you or in respect of your assets or properties other than as expressly stated in these Terms.
25.1. A Party’s failure, omission, forbearance or delay in exercising any right or remedy available to it under these Terms or Applicable Laws shall not constitute a waiver by such Party of any of its rights or remedies. No waiver of any right, remedy, breach or default hereunder or hereof shall be effective unless such waiver is put in writing by the Party entitled to waive the same. No waiver by a Party of a breach hereof or default hereunder, or of any of its rights or remedies hereunder, shall be deemed to be a waiver by such Party of any subsequent breach or default.

25.2. Each right, power or remedy conferred upon or reserved to a Party under these Terms or Applicable Laws shall be cumulative and shall not operate to limit or exclude any other right, power or remedy of such Party.
26.1. Neither the Group nor any of their respective directors, officers, employees or agents shall in any event be liable for any failure or delay in the performance of its obligations or the exercise of its rights, powers and/or discretions hereunder or any loss or damage in connection therewith if it is prevented from so performing its obligations or exercising its rights, powers and/or discretions by any Force Majeure Event, provided that the Company shall as soon as reasonably practicable after the occurrence of such Force Majeure Event give notice of the same, and of any arrangements being or to be implemented in connection therewith, to users of the Platform and the Services by publication or posting on the Platform or by any other means of communication permitted hereunder.
27.1. By using the Services, you agree that we may provide you with any notices or other communications, including marketing, relating to your use of the Services electronically: (a) via email, SMS, chat message or telephone call (in each case according to the contact information that you provide to us during the onboarding process or subsequently) ; or (b) by posting to or publication on the Platform. For notices and communications delivered by email, SMS, chat message or telephone call, the date of receipt will be deemed the date on which such notice is transmitted. For notices and communications delivered by posting to or publication on Platform, the date of receipt will be deemed to be the date on which the notice or communication is posted.

27.2. Notices to us should be sent electronically to us via the Platform or by email to us at our Communication Portal. Any Instruction sent by you to us shall only be deemed to be received by us when we have successfully retrieved such Instruction from the relevant system and informed you of such receipt.

27.3. You agree, without prejudice to any provision of these Terms, that, to the extent that there are any rules or requirements in your local jurisdiction governing the time and place of dispatch and receipt of electronic communications, to the maximal extent permitted under Applicable Laws, such rules and requirements shall not apply to your use of the Services and that you shall bear any loss or damage which may arise from or be associated with the use of the internet, including but not limited to any loss, delay, corrupted texts, unauthorised interceptions by third parties.
28.1. Our Site uses cookies and other technologies to track and collect information of visitors and Users. Cookies are small data files which track and collect your browsing information from your web browser, and then use such information during your future visits to our website, so that the server may immediately recognise that you have been to the website before.

28.2. Our cookies will not destroy any files in your computer, but are only used to track information such as the visitor’s IP address, which pages have been visited, and the duration or each visit and frequency of visits, as well as the activity patterns, habits and preferences of visitors. We do not use cookies to track the identity of the actual User of our Platform, and cookies will only tell if a certain computer or device has visited our website in the past.

28.3. If you visit our Site and your browser settings accept cookies, we will consider this as acceptance of our use of cookies. If you do not wish to permit such tracking and information collection by our cookies, you may adjust the settings in your web browser to reject some or all of our cookies. However, this may prevent you from accessing or using some or all of the features, functionalities and services of our Site and Platform.
29.1. Save as expressly provided in these Terms, no person who is not a party to these Terms shall be deemed to have acquired any right by reason of anything contained in these Terms, nor shall any such person be entitled to enforce any provision of these Terms.
30.1. These Terms and any dispute or claim arising out of or in connection herewith or the subject matter or formation hereof (including any non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Cyprus.

30.2. Any dispute, controversy, difference or claim arising out of or relating to these Terms, including the existence, validity, interpretation, performance, breach or termination of these Terms or any dispute regarding any non-contractual obligations arising out of or relating to these Terms, shall be referred to and finally resolved by arbitration administered by the Cyprus International Arbitration Centre ("CIAC") under the CIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The law of this arbitration clause shall be Cyprus law. The seat of arbitration shall be Cyprus. The number of arbitrators shall be one. The arbitration proceedings shall be conducted in English.

30.3. The Notice of Arbitration and any other documents, submissions, notices and communications for the purpose of or in connection to arbitral proceedings conducted in accordance with this Clause 30.3 shall be served by the Parties on each other by email as follows:
1. if to the Company, to info@likelabs.io (or such other email address as may be specified by us and notified to you through our Platform from time to time); and
2. if to you, to the email address registered as your email address as shown in your Account or, if your Account has been closed or terminated, to the last email address you have most recently provided to us and of which we are aware (which may be your registered email address prior to the closure or termination of your Account).

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