- Terms of Services
- Terms of Use for Creators (Appendix 1)
- Terms of Use for Fans (Appendix 2)
- Referral Program Terms (Appendix 3)
- Acceptable Use Policy (Appendix 4)
- Community Guidelines (Appendix 5)
- Report and Complaint Policy (Appendix 6)
- KYC Procedures and Requirements (Appendix 7)
- Relevant Legislations (Appendix 8)
- Anti Human Trafficking Statement (Appendix 9)
These Terms of Use for Fans are additional terms which apply if you use Wink as a Fan (also referred to as "you" and "your" in these Terms of Use for Fans). These Terms of Use for Fans form part of your agreement with us. By registering with and using Wink, you hereby accept and agree to be bound by these terms. We reserve our right from time to time revise the terms herein at our absolution discretion or in accordance with the Applicable Laws and our change of business model.
-
The following terms will also apply to your use of the Platform:
- Our Terms of Use for all Users;
- Our Privacy Policy;
- Our Acceptable Use Policy;
- Our Community Guidelines;
- Our Report and Complaint Policy;
- The Relevant Legislations in Appendix 8 of the Terms of Use for all Users; and
- The Referral Program Terms.
(a)-(f) are collectively referred as “Policies”.
-
In these Terms of Use for Fans, defined terms have the same meanings given to them in the Terms of Use for all Users.
-
You warrant and undertake that:-
- you have attained the Age of Majority and if the legal age under the laws of the jurisdiction in which you are domiciled is above the Age of Majority for entering into a binding contract, you must reach the requisite legal age and are of sound mind to enter into a binding contract and becoming a User of us. You understand that since our platform operates in different jurisdictions, there are different laws and requirements for verifying the Age of Majority and you hereby consent to comply with all the applicable identification procedures conducted by us before registering as a Fan in our Platform;
- you are permitted by the laws of the country or state/province where you reside to join Wink and to view any Contents available on it and to use any functionality provided by it; and
- you are able and willing to make payment (where required) to view the Contents available on Wink (such as Creations).
-
You will need to register an account on the Platform using your email address or social media or a Wallet on the Solana Blockchain. Once you’ve created an account, a Solana Wallet will be created and linked to your Account. The Wallet is non-custodial, and a generated private key can be exported to access the cryptocurrencies in the Wallet. Once a Wallet is being set up, you can start purchasing Passes, Subscriptions, Pay-Per-View Content, or offer Tipping to Creators subject to the terms in our Terms of Use for all Users.
-
This section describes the terms which apply to the Subscriptions and purchase of Passes and Pay-Per-View Contents:
- In order to purchase Creators’ Passes/ Pay-Per-View Contents or Subscription, you must follow the following steps:
- log into the Account;
- navigate to the Creators profile page;
- choose the available Passes or Subscriptions; and
- Make payment.
- If you login to the Platform using email/social platform accounts, you can use credit card to pay. If you login to the Platform using a wallet, you should make sure you have enough funds in your wallet for that transaction. Once you make the payment, it is non-refundable. You are prohibited from seeking refund from the Creators for any payment you make.
- Creators are solely responsible for determining (within the parameters for pricing on Wink) the pricing applicable to transactions between Creators and Fans. Fans may make the payment in fiat currency by using their credit card. Fans cannot cancel or renew Passes. They can sell it to other Fans in the marketplace.
- [All Subscriptions to a Creator's profile will automatically renew at the end of the relevant subscription period, except if (i) there are not enough balances in your Wallet, (ii) the Subscription price for the Subscription has increased, or (iii) you have turned off the "Auto-Renew" switch located on the relevant Creator's profile. This means that if you want to stop subscribing to a Creator's profile and paying continuing monthly Subscription charges, you will need to turn off the "Auto-Renew" switch located on the relevant Creator's profile.]
- [If you cancel a Subscription you will continue to be permitted to view the relevant Creator's Contents until the end of the Subscription period in which you cancelled, after which no further payments will be taken from your Wallet in respect of Subscriptions to that Creator's profile (unless you choose to pay for a new Subscription to that Creator’s profile), and you will no longer be able to view the relevant Creator's Contents.]
- In order to purchase Creators’ Passes/ Pay-Per-View Contents or Subscription, you must follow the following steps:
-
This section describes the terms which apply to Tipping between Creators and Fans:
- You can make a tip to Creators by the following steps:
- log into the Account;
- navigate to the Creators profile page;
- click the dollar icon and open the “send tip” pop up or click the message icon and open the messaging console and click the dollar icon there;
- choose from default amounts or input amount;
- (Optional) input your message along with the tip (limit to 500 characters); and
- make payment.
- If you login to the Platform using email/social platform accounts, you can use credit card to pay. If you login to the Platform using a wallet, you should make sure you have enough funds in your wallet for that transaction.
- You are solely responsible for determining the amount of Tipping to the Creators. Once Tipping is made, it is non-refundable. You are prohibited from seeking refund from the Creators for Tipping.
- You can make a tip to Creators by the following steps:
-
Every Fan is bound personally by the Policies. You acknowledge and agree our relationship is with you, and not with any third party, and you will be legally responsible for ensuring that all the contents you posted through your interactions with Creators and other Fans comply with the Policies. These Terms of Use for Fans shall be binding upon and enure for the benefits of the successors of Fans.
-
You acknowledge that you are aware that the Contents contains adult material, and you agree to take this into account when deciding where to access and view the Contents. We will not be responsible to you if you suffer any loss or damage as a result of your accessing or viewing of the Contents containing adult material in a way which places you in breach of any contract you have with any third party or in breach of any Applicable Law.
-
In addition to the terms set out in the Terms of Use for all Users, the following terms also apply to the Contents posted, displayed, uploaded or published by you as a Fan on Wink:
- You warrant that for the Contents which you post, display, upload or publish on Wink:
- the Contents fully complies with the Terms of Use for all Users (and in particular the Acceptable Use Policy and Community Guidelines);
- you either own your Contents (and all intellectual property rights in it) or have a valid license to your contents; and
- if your Contents includes or uses any third-party materials, you have secured all rights, licenses, written consents and releases that are necessary for the use of such third-party materials in your contents and for the subsequent use and exploitation of that contents on Wink.
- You agree that you will be liable to us and indemnify us if any of the warranties at section 9(a) is untrue. This means you will be responsible for any loss or damage we suffer as a result of any warranty being untrue.
- We are not responsible for and do not endorse any aspect of any Contents posted by you or any other Users of the Platform.
- You warrant that for the Contents which you post, display, upload or publish on Wink: