Terms of Service
(Reading time: 13 - 25 minutes)
- Winko accessed at https://winko.club/ ("Winko!", "Winko Club" or the "Website") is a social media website and application service that allows users to upload photos and videos to their profile, and therefore earning money from any paying visitor. Winko! is operated by OKay Inc: OKay Inc a Canadian Registered Corporation with an address at 186 Heritage Pl, Cornwall, ON, K6J 5V7, Canada. Winko! responsibilities and rights are extended to OKay Inc as well.
- This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with us and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
- We reserve the right to make changes to these Terms at any time and at our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. By continuing to use Winko! after such notice, you agree to these Terms as modified. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
- We do not own User Content on Winko! and views expressed by Users on Winko! do not represent the views of Winko!. All User Content transactions and interactions on Winko! are between Users and at no point will Winko! become a party to any transaction or interaction between Users.
- We reserve the right at any time and without notice to:
- modify, suspend or terminate Winko! or any portion thereof;
- restrict, limit, suspend or terminate your access to Winko! or any portion thereof;
- delete any content you post on Winko! if in our reasonable opinion it does not comply with these Terms and/or applicable law;
- monitor your use of Winko! (including any content or message you post or broadcast on Winko!) to verify compliance with these Terms and/or any applicable law;
- investigate any suspected or alleged misuse or unlawful use of Winko! and cooperate with law enforcement in such investigation;
- disclose information about your use of Winko! in connection with law enforcement investigation of any suspected or alleged illegal activity, or in response to a lawful court order, or
- change the payment or payout processor that enables you to make or receive payments as a User.
- From time to time, we may restrict access to some parts of the Website, or the entire Website, to Users.
2. How It Works
- Winko! is a social media platform that lets you create a User profile, which in turn allows you to:
- upload and post photos and videos for access by your Readers; and/or
- use credit or balance in your favour
- The term "User" refers to all users, whether using the Website to earn money as a content creator or as a reader.
- The term "User Content" any and all media uploaded by any content creators.
- The term "Exclusive Content" is just a commercial way to refer to User Content. It doesn't mean it is only available in Winko!
3. Account Registration
- To register and create an account on Winko!, you must provide a valid email address, a username, and a password. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete.
- If you are looking to unlock exclusive content, you will need a valid credit card to make your purchase. However, as far as legally possible, Winko! reserves the right to change the payment processors it uses at any time and without notice to you. Winko! does not store any payment card information.
- If you are looking to earn money by posting content, you will need to provide a valid PayPal account to your profile. Your earnings will be paid into your PayPal account. Winko! does not store any bank account information, which is stored by our third-party payout processors.
- By registering on Winko!, you confirm that:
- All account registration, profile information and content you provide is your own information and the content is truthful and accurate;
- if you previously had an account with Winko!, your old account was not terminated or suspended by Winko! for violation of these Terms;
- you will not use any third-party payment processors to accept payments for accessing your content, or any other service, via Winko!;
- you register on Winko! for your own personal use and you will not sell, rent or transfer your account to any third party; and
- Winko! reserves the right, at any time, to verify the information which you provide to us as well as your compliance with these Terms and to suspend your account if it is unable to do so to its reasonable satisfaction.
- We have the right to disable any user name, password, or another identifier, whether chosen by you or provided by us, at any time and at our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
4. Purchase of Content and Payments
- To access another User's content on Winko that is not free, you must have a valid credit card to unlock locked content. After the purchase is confirmed by the credit card gateway, the author user's balance of such content updated.
- The balance of any author users contains already the winko.club fee, which currently is fifteen percent (15%).
- Author Users of a purchased content are paid through manual request; this option is available in their profile account. The minimum request amount is twenty-five Canadian dollars (25 CAD).
- Winko club uses PayPal to transfer funds to any author user. Payment will be done to the PayPal account that is configured in such author user account.
- All purchases made on winko.club are final and non-refundable. However, there are two situations when a possible refund may apply:
- When the author user (content creator) sells a customized content through our messaging platform and the product delivered doesn't satisfy what was promised. The buyer will have the right to request a refund, we will review the deal done and we will take a final decision based on what is promised and what was delivered (not on any opinion if the given content was liked or not). Since customized content purchases are viewed right away, the buyer has only within the following hour after the purchase was done to send a refund case.
- When the public part author user profile (cover, profile photo and public posts) are not congruent with the paid content. In this case, the buyer has a twenty-four hours window to send a refund case, we will review and give a final decision (based on what the public ent promises and what the private content delivers, not if the given content was liked or not).
- Any purchase made on Winko! resulting in a chargeback without any prior authorization will cause the User’s account to be immediately and permanently excluded from Winko!. Additionally, the chargeback amount will be removed from the earning Content Creator's income balance.
6. Account Deactivation
7. Intellectual Property Rights
- Other than User Content, the Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, the design, selection, and arrangement thereof), are owned by us, our licensors, or other providers of such material and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
- You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Website, except as follows:
- your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;
- you may store files that are automatically cached by your Web browser for display enhancement purposes.
- If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made.
- Other than User Content posted by you, there is no right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
- The Winko! name, logo and all related names, logos, product and service names, designs, and slogans are trademarks of ours or our affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.
- Subject to all of the terms, conditions, limitations and restrictions contained in these Terms, we grant to you a conditional, revocable, non-transferable, non-sublicensable, non-exclusive and limited licence to use our website for your own lawful and personal use only. You acknowledge and agree that the foregoing license may be revoked and terminated by us at any time and for any reason (including, without limitation, if you violate these Terms or any applicable law). Any use of Winko! other than as expressly permitted by these Terms is strictly prohibited. All rights not expressly granted herein are reserved by us.
- We do not warrant that Winko! is compatible with all devices and operating systems. It is your sole responsibility to determine whether or not Winko! is compatible with your device. From time to time we may make updates to Winko! and will make such updates available through the website.
9. Acceptable Use
- We require that all Users respect and comply with these Terms below, at all times, when using Winko!
- You may not:
- use Winko! other than for your own lawful and personal use in accordance with these Terms;
- impersonate us, one of our employees, another User, or any other person or entity or falsely state, suggest or otherwise misrepresent affiliation, endorsement, sponsorship between you and any other person or entity;
- falsify account registration information, or make unauthorized use of another's information or content;
- use Winko! in any manner or for any purpose that is illegal or unlawful, including engaging in any activity that violates any right of any person or entity;
- copy, reproduce, distribute, modify, or create derivative works from, any portion of Winko! without our express written permission;
- use Winko! for the purpose of depicting a minor in a sexual or suggestive way, or exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
- transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation;
- engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm us or Users of the Website or expose them to liability;
- create, upload, post, display, publish or distribute User Content that:
- is obscene, illegal, fraudulent, defamatory, libellous, hateful, discriminatory, threatening or harassing, or in any way incites violence or any of the aforementioned prohibitions;
- violates another's copyright, trademark, right of privacy, right of publicity, or other property or personal right (for example, using the name, likeness, image or another identity of another without proper consent);
- promotes or advertises escort services;
- promotes or advertises firearms or other weapons, tobacco, drugs, or drug paraphernalia;
- promotes any illegal activity, or advocates, promotes, or assists any unlawful act;
- causes annoyance, inconvenience, or needless anxiety or is likely to upset, embarrass, alarm, or annoy any other person;
- involves commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter, or advertising;
- gives the impression that it emanates from or is endorsed by us or any other person or entity if this is not the case;
- act in an abusive manner towards any other user or employee of the Website;
- remove, erase, modify or tamper with any copyright, trademark or other proprietary rights notice that is contained in any User Content that you do not own;
- use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real-time activities through the Website;
- decompile, disassemble, reverse engineer, or otherwise attempt to discover or derive the source code of Winko!;
- interfere in any way with the operation of Winko! or any server, network or system associated with Winko!, including, without limitation: hacking, mail-bombing, flooding, overloading, or making "denial of service" attacks; probing, scanning or testing the vulnerability of the app or any server, network or system associated with the app; breaching or circumventing firewall, encryption, security or authentication routines; accessing information not intended for you, or accessing another user's account that you are not expressly authorized to access;
- use Winko! for any unauthorized purpose, including, without limitation, for purposes of building a competitive product or service, monitoring the app's availability, performance or functionality, or for any other competitive purposes;
- use any automated program, tool or process (including without limitation, web crawlers, robots, bots spiders, and automated scripts) to access Winko! or any server, network or system associated with Winko!, or to extract, collect, harvest or gather content or information from Winko!;
- make any other use of Winko! that violates these Terms or any applicable law; or
- invite or suggest in any way to forward users to an external website to conduct business there.
- We do not allow images of unaccompanied minors, as you must be over the age of 18 to use Winko!. If you want to post photos of your children, please make sure that you are in the photo as well. If you see a profile that includes an unaccompanied minor, please report it immediately. Photo's with minors must be compliant with the law.
- By registering an account with Winko!, you represent and warrant that:
- you are at least 18 years of age;
- you will fully comply with these Terms;
- you accept full responsibility for the use of Winko! on any device, whether or not it is owned by you;
- you accept full responsibility for any User Content created or provided by you; and
- your use of Winko! will not violate these Terms or any applicable law.
- If you are using Winko! on behalf of a business or other entity, you warrant that you are authorized to grant all the licences stipulated in these Terms and that you are authorized to bind the business or other entity to these Terms.
10. User Content
- By creating and publishing User Content on Winko!, you authorize your Readers to access and view (without downloading or copying) your User Content on Winko! for their own lawful and personal use. You also represent, warrant and undertake that:
- you own, have a valid licence to, or otherwise control all rights in and to your User Content;
- to the extent your User Content includes or utilizes any third-party property, you have secured all rights, licenses, consents and releases that are necessary for the use of such third-party property in your User Content; and
- your User Content is non-confidential and will be made available to your Readers on winko.club.
- You grant us and our licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material.
- You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
- You shall indemnify us, our licensees, successors, and assigns against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses suffered or incurred arising out of or in connection with your User Content.
- We are not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other user of the Website.
- Upon signing up to winko.club, you also agree to act as custodian of records for the content that you upload to winko.club.
- We reserve the right to modify your content to improve it. Such actions could be:
- typo or misspellings corrections,
- tagging the article where the User Content resides,
- adding some text description or keywords,
- adding some description proprieties to the images or videos, or
- adding watermark to your images or videos.
11. Linking to the Website and Social Media Features
- You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.
- The Website may provide certain social media features that enable you to:
- link from your own or certain third-party websites to certain content on the Website;
- send emails or other communications with certain content, or links to certain content, on the Website;
- cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
- You may use these features solely as they are provided by us, solely with respect to the content they are displayed with. However, you must not:
- establish a link from any website that is not owned by you;
- cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking;
- link to any part of the Website other than the homepage, your own articles (winks) or your profile link; or
- otherwise, take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms.
- You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
- We may disable all or any social media features and any links at any time without notice at our discretion.
12. Links from the Website
- If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including, without limitation, banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
- You are allowed to link to your social media accounts using the proper fields; however, we expect you to:
- conduct business in winko.club and do not forward users to another platform, and/or
- do not perform any fraudulent activity outside winko.club.
13. Disclaimer of Warranties; Limitations of Liability
- By using Winko!, you acknowledge and agree as follows:
- Winko! and all of its 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, expressed or implied, with respect to Winko! and all of its services and features, including, and without limitation, implied warranties of merchantability and fitness for a particular purpose. We do not warrant or guarantee the accuracy, usefulness, completeness or reliability of Winko!, or the results of your use of Winko!. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. We also do not warrant or guarantee that Winko! and all of its services and features will be available at any particular time or location; that Winko! and all of its services and features will be secure, uninterrupted, and error-free; that any defect or error will be corrected; or that Winko! and all of its services and features will be free of viruses and other harmful components. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. To the fullest extent provided by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Website or any services or items obtained through the Website or to your downloading of any material posted on it, or on any website linked to it. Your use of Winko! and its services and features will be solely and entirely at your own risk. the foregoing does not affect any warranties that cannot be excluded or limited under applicable law;
- Winko! does not warrant or guarantee that use of the Website will be uninterrupted or error-free twenty-four hours a day, seven days a week, since Winko! may need to carry out maintenance of the Website from time to time. However, Winko! will use its reasonable endeavours to carry out any such maintenance of the Website outside of business hours (including between 09:00 and 17:00 (EST time) and will endeavour to give reasonable notice where possible, however, this may not always be possible;
- in no event shall our total and aggregate liability to you and/or others for any and all claims arising out of or related to your use of (or your inability to use) Winko! or any of its services or features, exceed fifty Canadian dollars (50.00 CAD). This does not affect any liability that cannot be excluded or limited under applicable law.
- Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages or total liability, the above limitation may not apply to you. In such a case, our total and aggregate liability to you arising out of or related to your use of (or your inability to use) Winko! or Okay INC any of its services or features shall be limited to the maximum extent permitted by law or if no amount is specified, one hundred Canadian dollars (100.00 CAD).
14. User indemnification
- By using Winko!, you agree to indemnify and not to hold us liable, our employees, agents, representatives, successors and assigns from and against any and all claims, demands, causes of action, actions, suits, proceedings, judgments, orders, damages, liabilities, losses, costs and expenses (including, without limitation, reasonable attorneys' fees and legal costs) arising out of or related to any of the following:
- your use of Winko! or any of its services or features;
- any User Content created, published, or otherwise made available on Winko! by you;
- any transaction or interaction between you and any other User of Winko!; and/or
- your violation of these terms or any applicable law.
15. Governing Law and Dispute Resolution
- You and we agree that these Terms shall be governed by and construed in accordance with the laws of Canada (without regard to the conflict of laws provisions thereof) and that any dispute between you and us concerning Winko! or arising out of or related to these Terms shall be resolved exclusively in the courts of Canada.
- Except where prohibited by applicable law, any claim or cause of action by you concerning Winko! or arising out of or related to these Terms must be filed within one year after such claim or cause of action arose, or be forever barred.
16. Waiver and Severability
- No waiver of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
- If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
17. Entire Agreement
- The Terms constitute the sole and entire agreement between you and us regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.