Winkpass End-User License Agreement (EULA)
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND WINKPASS CREATIONS, INC. ("WINKPASS") STATING THE TERMS THAT GOVERN YOUR USE OF THE APPLICATION OFFERED BY WINKPASS AND PURCHASED BY YOU VIA APPLE’S APP STORE ("LICENSED APPLICATION"). WHEN YOU INSTALL THE LICENSED APPLICATION, YOU INDICATE YOUR AGREEMENT TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN DO NOT INSTALL OR USE THE APPLICATION.
The Licensed Application is licensed, not sold, to You for use only under the terms of this license. Winkpass reserves all rights not expressly granted to You.
- Scope of License. This license is non-exclusive and non-transferable, and allows You to use the Licensed Application on any iPhone, iPod Touch and/or iPad that You own or control and as permitted by the Usage Rules set forth in the App Store Terms and Conditions (the “Usage Rules”). This license does not allow You to use the Licensed Application on any iPod Touch or iPhone that You do not own or control, and You may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Licensed Application. You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Licensed Application). Any attempt to do so is a violation of the rights of Winkpass and its licensors. If You breach this restriction, You may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by Winkpass that replace and/or supplement the original Licensed Application, unless such upgrade is accompanied by a separate license, and then that license will govern.
- Consent to Use of Data. You agree that Winkpass may use the following information to develop and improve its products, or to provide services or technologies to You and others. Winkpass may collect and use 1) personal information that you provide during registration and use of the Licensed Product; and 2) technical data and related information, including but not limited to technical information about Your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services.
- Termination. The license is effective until terminated by You or Winkpass. Your rights under this license will terminate automatically without notice from the Winkpass if You fail to comply with any term(s) of this license. Upon termination of the license, You shall cease all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.
- Services; Third Party Materials. Services provided or performed by the Licensed Application may enable or require access to Winkpass' and third party services and web sites (collectively and individually, "Services"). Use of the Services may require Internet access and that You accept additional terms of service. In particular, you are bound by all applicable rules of Apple Inc., as set forth at http://www.apple.com/legal/itunes/us/terms.html#SERVICE or elsewhere.
- You understand that by using any of the Services, You may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, You agree to use the Services at Your sole risk and that Winkpass shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable.
- Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, You acknowledge and agree that Winkpass is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. Winkpass does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to You. Location data provided by any Services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Alerts and/or notification data provided by any Services is for convenience only and you understand that multiple factors including network availability may affect notification data delivery, which is not guaranteed. Neither Winkpass, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of any information, location data or notification data.
- You agree that any Services contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and You shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Winkpass is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may send or receive as a result of using any of the Services.
- Winkpass makes no representation that any Services or Third Party Materials are appropriate or available for use in any particular location. To the extent You choose to access such Services or Materials, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Winkpass reserves the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will Winkpass be liable for the removal of or disabling of access to any such Services. Winkpass may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
- NO WARRANTY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ALL SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. WINKPASS HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WINKPASS DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED APPLICATION, THAT THE LICENSED APPLICATION AND/OR SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS IN THE LICENSED APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY WINKPASS OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
- LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL WINKPASS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF WINKPASS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL WINKPASS’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT YOU PAID FOR THE LICENSED APPLICATION, OR FIFTY DOLLARS ($50), WHICHEVER IS GREATER. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
- Export Control. You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law.
- Choice of Law; Venue. The laws of the State of California, excluding its conflicts of law rules, govern this Agreement and your use of the Licensed Application and/or any Services. Your use of the Licensed Application may also be subject to other local, state, national, or international laws. Any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Service shall be subject to the exclusive jurisdiction of the state and federal courts that include Sacramento County, California.
- Notice. Winkpass may give notice by electronic mail to Customer’s e-mail address on record in Winkpass’s account information, or by written communication sent by first class mail or pre-paid post to Customer’s address on record in Winkpass’s account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email).
- Modification to Terms. Winkpass may change the terms from time to time at its sole discretion. When these changes are made, Winkpass will make a new copy of the terms available within or through the affected Licensed Application Service, or via amendment to our EULA. Winkpass may require you to provide consent to the updated terms in a specified manner before further use of the Licensed Application or any Services is permitted. Otherwise, your continued use of them constitutes your acceptance of the changes. Your use of the Services is subject to the most current version of the terms, at the time of such use.
- Force Majeure. Winkpass will not be liable for inadequate performance to the extent caused by a circumstance beyond its reasonable control, including, without limitation, failure of the internet, labor strikes or shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, labor conditions, earthquakes, material shortages and other acts not caused by Winkpass.
- Assignment; Change of Control. Either party may assign this Agreement without the prior written approval of the other party to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger.
- Copyrights and Trademarks. Except where otherwise specified, the contents of the Licensed Application are copyright (c) 2019 Winkpass Creations, Inc. All rights reserved.
The contents of the Licensed Application are subject to protection under U.S. and foreign copyright laws. You are not permitted to use the copyrighted content outside of the normal functions of the Licensed Application without the prior written consent of Winkpass.
Winkpass Creations, iPeriod and its logo, iPregnant and its logo, and names and logos of our other Licensed Applications, are trademarks of Winkpass.
Please direct any questions or comments to Winkpass via our support email at: firstname.lastname@example.org.
Last date of modification: 28 November 2018