Check-in, chat away, all content cleared everyday. Join the Winkage Community:
· Forget about it… Anything you post, including chatter (public posts), uploaded media, images, winks and private text sessions, will be removed from public display on the Winkage website and related mobile applications every morning at 5am local time.
· No Worries…Winkage intends that content on Winkage, including chatter, uploaded media, images and winks WILL NOT be able to be saved, downloaded, and/or copied directly from Winkage mobile applications to any private internal storage folders or mobile SD cards. With one exception: If desired, you can exchange phone numbers and/or email addresses within the context of private one-on-one text session, saving info to your mobile Contacts folder.
· ID please. You must be at least 14 years of age to Sign Up for, or interact within the winkage.com website and all related Winkage mobile applications.
· Winkage can eliminate your access to the Services at any time if you are acting inappropriately.
· Winkage does not do criminal background checks so use common sense when utilizing the Services.
· The Services are not perfect and are subject to change at any time. There may be issues with the Services and you should not plan to sue us when they arise.
TERMS OF SERVICES
Winkage, Inc. ("Winkage" or "we") operates Winkage.com and the Winkage mobile applications, which are online/mobile services that allow Members (as such term is defined below) to create unique personal profiles online in order to find and communicate with friends, acquaintances, desired venues/entities and potential new friends. The services offered by Winkage include any Winkage-branded URL (the "Winkage Website"), the Winkage instant messaging service, the Winkage iPhone and Android applications (including chatter and Winks), Winkage mobile services, and any other features, content, or applications offered from time to time by Winkage in connection with Winkage's business (collectively, the "Winkage Services").
This Agreement sets forth the legally binding terms for your use of the Winkage Services. By using the Winkage Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Winkage Website, including through a mobile device, or otherwise use the Winkage Services without being registered) or you are a "Member" (which means that you have a registered account/profile with Winkage). The term "User" refers to a Visitor or a Member. You are only authorized to use the Winkage Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and the terms of this Agreement. Please read this Agreement and save it. If you do not agree to be bound by this Agreement, and are unwilling to follow all applicable laws, you should leave the Winkage Website and discontinue use of the Winkage Services immediately. If you wish to become a Member, communicate with other Members and/or make use of the Winkage Services, you must read this Agreement and indicate your acceptance during the registration process.
This Agreement includes Winkage's policy for acceptable use of the Winkage Services and Content (as defined under the heading “Use of Services” below) posted on or through the Winkage Services and your rights, obligations, and restrictions regarding your use of the Winkage Services and Content posted on or through the Winkage Services. In order to participate in certain Winkage Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions from Winkage. Unless otherwise provided by the additional terms and conditions applicable to the Winkage Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement.
Winkage may modify this Agreement from time to time and such modification shall be effective upon posting by Winkage on the Winkage Website. Your continued use of the Winkage Services after Winkage posts a revised Agreement signifies your acceptance of the revised Agreement. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Please choose carefully the information you post on or through the Winkage Services and that you provide to other Users. Your Winkage profile may not include any form of Prohibited Content / Activity, as outlined below. Despite this prohibition, information, materials, products or services provided by other Winkage Members (for instance, in their profile) may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and Winkage assumes no responsibility or liability for this material. If you become aware of misuse of the Winkage Services by any person, please notify Winkage by sending an e-mail to email@example.com. It is expressly acknowledged and agreed that Winkage’s receipt of any such e-mail shall not result in any acceptance of liability on the part of Winkage.
Winkage reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to deny, restrict, suspend, or terminate your access to all or any part of the Winkage Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. Winkage expressly reserves the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the Winkage Services if Winkage determines, in its sole discretion, which you have violated this Agreement or pose a threat to Winkage and/or its Users.
USE OF SERVICES
· Eligibility. Use of the Winkage Services and registration to be a Member for the Winkage Services ("Membership") is void where prohibited. By using the Winkage Services, you truthfully represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. Failure to provide truthful accuracy of information is acknowledgement that you maybe removed from the Winkage community, and be legally approached and prosecuted by law depending on your actions. Each and every User on Winkage acknowledges that Minors (Users under the age of 18) are present within the Winkage community, and therefore the engagement, interaction, display, action, or intention of any inappropriate and/or illegal behavior towards a Minor will result in the full prosecution, pursuit, and punishments of the United States of America’s law. In addition to, any and all use of Winkage Services is prohibited by users under the age of 14.
· Term. This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the Winkage Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Winkage website or e-mailing helpme@Winkage.com. Winkage may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability. Even after Membership is terminated, certain terms and provisions of this Agreement specified by Winkage (including without limitation your obligation to indemnify and hold Winkage harmless for any and all claims associates with your use of Winkage Services) will remain in effect.
· Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify Winkage immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
· Use by Members. The Winkage Services are for the personal use of Members and may be used for promotional purposes as well, but direct commercial endeavors may only be used if they are specifically endorsed or authorized by Winkage. Winkage reserves the right to remove commercial content in its sole discretion. Illegal and/or unauthorized use of the Winkage Services, including collecting usernames, user id numbers, and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Winkage Website, or employing third party promotional sites or software to promote profiles for money, is prohibited. Commercial advertisements, affiliate links, and other forms of unauthorized solicitation may be removed from Member profiles without notice or explanation and may result in termination of Membership privileges. Winkage reserves the right to take appropriate legal action for any illegal or unauthorized use of the Winkage Services. Recognizing that although we do our best to keep Winkage safe, we cannot guarantee it. And without limiting the generality of the foregoing, Users agree that:
1. Users will not send or otherwise post unauthorized commercial communications (such as spam) on Winkage.
2. Users will not collect other Users' Content or information, or otherwise access Winkage, using automated means (such as harvesting bots, robots, spiders, or scrapers) without Winkage permission.
3. Users will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Winkage.
4. Users will not upload viruses or other malicious code.
5. Users will not solicit login information or access an account belonging to someone else.
6. Users will not bully, intimidate, or harass any User.
7. Users will not post content that: is hateful, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
8. Users will not develop or operate a third-party application containing alcohol-related or other mature content (including advertisements) without appropriate age-based restrictions.
9. Users will not use Winkage to do anything unlawful, misleading, malicious, or discriminatory.
10. Users will not do anything that could disable, overburden, or impair the proper working of Winkage, such as a denial of service attack.
11. Users will not facilitate or encourage any violations of this Agreement.
12. We currently provide our mobile services for free, but please be aware that your carrier's normal rates and fees, such as text messaging, and or roaming charges/fees, will still apply.
13. In the event you change or deactivate your mobile telephone number or the Winkage registered email account, you will be required to update your account information on Winkage within 48 hours to ensure that your messages are not sent to the person who acquires your old number or email account.
14. You provide all rights necessary to enable Users to sync (including through an application) their contact lists with any basic information and contact information that is visible to them on Winkage, as well as your name and profile picture.
· Proprietary Rights in Content on Winkage.
A. Winkage does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you post on or through the Winkage Services. Without limiting the generality of the foregoing, for purposes of this Agreement the term “Content” also includes location information, “winks”, chatter box content, comments, information, data, text, and other interactive features generated, provided or otherwise made accessible by Winkage on or through the Winkage Services. After posting your Content to the Winkage Services, you continue to retain any such rights that you may have in your Content, subject to the limited license herein. By displaying or publishing ("posting") any Content on or through the Winkage Services, you hereby grant to Winkage a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content solely on or through the Winkage Services, including without limitation distributing part or all of the Winkage Website in any media formats and through any media channels by Winkage. After you remove your Content from the Winkage Website we will cease distribution as soon as practicable, and at such time when distribution ceases, the license will terminate. Again, anything you post, including chatter (public posts), uploaded media, images and Winks (one-on-one private text sessions), will be removed from public display on the Winkage website and related mobile applications every 24 hours.
B. The license you grant to Winkage is non-exclusive (meaning you are free to license your Content to anyone else in addition to Winkage), fully-paid and royalty-free (meaning that Winkage is not required to pay you for the use on the Winkage Services of the Content that you post), sub licensable (so that Winkage is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide the Winkage Services), and worldwide (because the Internet and the Winkage Services are global in reach).
C. You represent and warrant that: (i) you own the Content posted by you on or through the Winkage Services or otherwise have the right to grant the license set forth in this Section, and (ii) the posting of your Content on or through the Winkage Services does not violate the privacy rights, this Agreement, publicity rights, copyrights, contract rights or any other rights of any person or entity. In the instance of a violation of this Agreement, you agree to relinquish all rights to any Content you have posted; Winkage then becomes the sole owner of your Content. You agree to fully indemnify Winkage and pay for all royalties, fees, and any other monies owing any person or entity by reason of any Content posted by you on or through the Winkage Services.
D. The Winkage Services contain Content of Winkage ("Winkage Content"). Winkage Content is protected by copyright, trademark, patent, trade secret and other laws, and Winkage owns and retains all rights in the Winkage Content and the Winkage Services. Winkage hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Winkage Content (excluding any software code) solely for your personal use in connection with viewing the Winkage Website and using the Winkage Services.
E. The Winkage Services contain Content of Users and other Winkage licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the Winkage Services.
F. Winkage performs technical functions necessary to offer the Winkage Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the Winkage Services.
· Content Posted.
A.WINKAGE DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS. USERS ASSUME ALL LIABILITY ASSOCIATED WITH USE OF THE WINKAGE SERVICES RELATED TO, OR OTHERWISE ARISING FROM, THE ACTIONS OF OTHER USERS OF THE WINKAGE SERVICES. EACH USER HEREBY ACKNOWLEDGES AND AGREES TO FULLY INDEMNIFY AND HOLD WINKAGE HARMLESS FROM ANY AND ALL CLAIMS RELATED TO USE OF THE WINKAGE SERVICES BY ANY USER.
B. Winkage may reject, refuse to post or delete any Content for any or no reason, including Content that in the sole judgment of Winkage violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. Winkage assumes no responsibility for monitoring the Winkage Services for inappropriate Content or conduct. If at any time Winkage chooses, in its sole discretion, to monitor the Winkage Services, Winkage nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content. Furthermore, Winkage encourages Users to immediately make notification if content posted is received as offensive, illegal, threatening, abusive, etc. to Helpme@winkage.com subject tiled “Illegal Use.
C. You are solely responsible for the Content that you post on or through any of the Winkage Services, and any material or information that you transmit to other Members and for your interactions with other Users.
PROHIBITED CONTENT / ACTIVITY
Content/Activity Prohibited. Although nothing contained herein shall be deemed an acceptance of liability associated with Content or utilization of the Winkage Services, the following are examples of the kind of Content that is illegal or prohibited to post on or through the Winkage Services. Winkage reserves the right to investigate and take appropriate legal action against anyone who, in Winkage’s sole discretion, violates this provision, including without limitation, removing the offending Content from the Winkage Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to; Content that, in the sole discretion of Winkage:
A. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
B. harasses or advocates harassment of another person or entity including but not limited to Winkage;
C. exploits people in a sexual or violent manner;
D. contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website/material;
E. publicly posts information that poses or creates a privacy or security risk to any person or entity;
F. constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
G. constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
H. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
I. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
J. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making, buying or selling illegal substances, making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
K. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
L. involves commercial activities and/or sales without prior written consent from Winkage such as contests, sweepstakes, barter, advertising, or pyramid schemes;
M. includes a photograph or video of another person that you have posted without that person's consent; or
N. violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person.
Although nothing contained herein shall be deemed an acceptance of liability associated with activities or utilization of the Winkage Services, the following are examples of the kind of activity that is illegal or prohibited on the Winkage Website and through your use of the Winkage Services. Winkage reserves the right to investigate and take appropriate legal action against anyone who, in Winkage's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
A. criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
B. advertising to or solicitation of, any Member to buy or sell any products or services through the unauthorized or impermissible use of the Winkage Services. You may not transmit any chain letters or junk email to other Members. In order to protect our Members from such advertising or solicitation, Winkage reserves the right to restrict the number of emails/messages which a Member may send to other Members in any 24-hour period to a number which Winkage deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unauthorized commercial communications of any kind through the Winkage Services, you acknowledge that you will have caused substantial harm to Winkage, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Winkage $5,000 for each such unsolicited email or other unauthorized commercial communication you send through the Winkage Services;
C. circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Winkage Services;
D. activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
E. covering or obscuring any banner advertisements on your personal profile page, or any Winkage page via HTML/CSS or any other means;
F. any automated use of the system, such as, but not limited to, using scripts to add friends or send comments or messages;
G. interfering with, disrupting, or creating an undue burden on the Winkage Services or the networks or services connected to the Winkage Services;
H. impersonating or attempting to impersonate another Member, person or entity;
I. using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
J. selling or otherwise transferring your profile;
K. using any information obtained from the Winkage Services in order to harass, abuse, or harm another person or entity, or attempting to do the same;
L. displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the Winkage Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as a member of your hotlist, or sending private messages with a commercial purpose; or
M. using the Winkage Services in a manner inconsistent with any and all applicable laws and regulations.
· Protecting Copyrights and Other Intellectual Property. Winkage respects the intellectual property of others, and requires that our Users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. Winkage has the right to terminate the Membership of infringers. If you believe your work has been copied and posted on or through the Winkage Services in a way that constitutes copyright infringement, please send an e-mail to helpme@Winkage.com, Subject: Copyright Agent, including a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Winkage Services (providing the URL(s) of the claimed infringing material satisfies this requirement); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or a unauthorized to act on the copyright owner's behalf; and (f) your physical or electronic signature. It is expressly acknowledged and agreed that Winkage’s receipt of any such e-mail shall not result in any acceptance of liability on the part of Winkage.
· Add-to-Winkage Link (“Add-to Link”). If you include Winkage’s Add-to Link on your website, the following additional terms apply to you:
A. Subject to your continuous compliance with this Agreement, Winkage hereby grants you a non-exclusive, non-transferable, non-sub licensable, revocable license to use and display the Add-to Link on a website for which you have proper authorization ("your website") so that Users can post links or content from your website on the Winkage Service. You grant us permission to use and allow others to use such links and content on the Winkage Service.
B. Your license is subject to the following restrictions on use: (a) you may not use the Add-to Link to facilitate your sale of access to the Winkage Service or any information therein without Winkage's prior written approval; (b) you may not obscure or disable any element of the Add-to Link; (c) your website title and other trademarks and logos must appear at least as prominent as Winkage's trademarks and logos in the Add-to Link;
C. you may not display the Add-to Link in any manner that implies partnership with, affiliation with, sponsorship, or endorsement by Winkage;
D. you may not display the Add-to Link on any site that disparages Winkage or its products or services, infringes any Winkage's intellectual property or other rights, or violates any applicable law;
E. you may not place the Add-to Link on sites that include content that would violate this Agreement if posted on the Winkage Service;
F. you may not display the Add-to Link in a manner that does not permit successful linking to, redirection to the Winkage Service; and
G. you may not insert any intermediate page, splash page or other content between the Add-to Link and the Winkage Service.
· Disclaimer. Save to the extent required by law, Winkage has no special relationship with or fiduciary duty to you. You acknowledge that Winkage has no control over, and no duty to take any action regarding: which Users gain access to the Winkage Service; what Content you access via the Winkage Service; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content.
You release Winkage from all liability for you having acquired or not acquired Content through the Winkage Service. The Winkage Service may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Winkage makes no representations concerning any Content contained in or accessed through the Winkage Service, and Winkage will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Winkage Service.
You release us from all liability relating to your connections and relationships with other Users. You understand that we do not, in any way, screen Users, nor do we inquire into the backgrounds of Users or attempt to verify their backgrounds or statements. We make no representations or warranties as to the conduct of Users or the veracity of any information Users provide. In no event shall we be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the Winkage Services, including, without limitation, bodily injury, emotional distress, and any damages resulting in any way from communications or meetings with Users or persons you may otherwise meet through the Winkage Services. As such, you agree to take reasonable precautions and exercise the utmost personal care in all interactions with any individual you come into contact with through the Winkage Services, particularly if you decide to meet such individuals in person.
· Member Disputes. You are solely responsible for your interactions with other Winkage Members and Entities. Winkage reserves the right, but has no obligation, to become involved in any way with disputes between you and other Members and Entities.
· Warranty Disclaimers. Winkage is not responsible for and makes no warranties, express or implied, as to the User Content or the accuracy and reliability of the User Content posted on or through the Winkage Services, whether caused by Users of the Winkage Services or by any of the equipment or programming associated with or utilized in the Winkage Services and such User Content does not necessarily reflect the opinions or policies of Winkage. Profiles and third party applications created and posted by Members on the Winkage Website may contain links to other websites. Winkage is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by Winkage. Inclusion of any linked website on the Winkage Services does not imply approval or endorsement of the linked website by Winkage. When you access these third party sites, you do so at your own risk. Winkage takes no responsibility for third party advertisements or third party applications that are posted on or through the Winkage Services, nor does it take any responsibility for the goods or services provided by its advertisers. Winkage is not responsible for the conduct, whether online or offline, of any User of the Winkage Services. Winkage assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. Winkage is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Winkage Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Winkage Services. Under no circumstances shall Winkage be responsible for any loss or damage, including personal injury or death, resulting from use of the Winkage Services, attendance at a Winkage event, from any User Content posted on or through the Winkage Services, or from the conduct of any Users of the Winkage Services, whether online or offline. The Winkage Services are provided "AS-IS" and as available and Winkage expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Winkage cannot guarantee and does not promise any specific results from use of the Winkage Services.
· Limitation on Liability. IN NO EVENT SHALL WINKAGE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WINKAGE SERVICES, EVEN IF WINKAGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, WINKAGE'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO WINKAGE FOR THE WINKAGE SERVICES DURING THE TERM OF MEMBERSHIP.
· Disputes. The Agreement shall be governed by, and construed in accordance with, the laws of the State of Illinois, without regard to its conflict of law provisions. You and Winkage agree to submit to the exclusive jurisdiction of the courts located within the State of Illinois to resolve any dispute arising out of the Agreement or the Winkage Services. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.
· Indemnity. You agree to indemnify and hold Winkage, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Winkage Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or any Content that you post on or through the Winkage Services.
· Other. This Agreement is accepted upon your use of the Winkage Website or any of the Winkage Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Winkage regarding the use of the Winkage Services. The failure of Winkage to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Winkage is a trademark of Winkage, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. If we fail to enforce any of this Agreement, it will not be considered a waiver. All of our rights and obligations under this Agreement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. Nothing in this Agreement shall prevent Winkage from complying with the law. This Agreement does not confer any third party beneficiary rights. Users will comply with all applicable laws when using or accessing Winkage.com.
Please contact us at helpme@Winkage.com with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE. I UNDERSTAND THAT WINKAGE DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS.