Terms of Service
Effective Date: June 23, 2026
Welcome to Winking.
These Terms of Service ("Terms") govern your access to and use of the Winking website, services, applications, and related features (collectively, the "Service").
By creating an account, accessing, or using the Service, you agree to be bound by these Terms. If you do not agree with these Terms, you must not use the Service.
1. Eligibility
You must be at least 13 years old to use Winking.
If you are under the age required by the laws of your country to enter into legal agreements, you may use the Service only with the involvement and consent of a parent or legal guardian.
2. User Accounts
To access certain features of the Service, you may be required to create an account.
You agree to:
- Provide accurate information.
- Maintain the security of your account.
- Keep your password confidential.
- Notify Winking immediately of any unauthorized use of your account.
You are responsible for all activities conducted through your account.
3. User Content
You retain ownership of all photographs, comments, and other content you submit to the Service ("User Content").
By uploading User Content, you grant Winking a worldwide, non-exclusive, royalty-free license to:
- Store your content.
- Display your content.
- Distribute your content through the Service.
- Generate thumbnails and previews.
- Promote the Service using publicly available content.
This license remains in effect until the content is removed from the Service.
4. Content Ownership
You represent and warrant that:
- You own the content you upload, or
- You have obtained all necessary rights and permissions to publish it.
You are solely responsible for your User Content.
5. Prohibited Content
Users may not upload, publish, or distribute content that:
- Violates any law or regulation.
- Infringes intellectual property rights.
- Contains pornography or sexually explicit material.
- Promotes violence or illegal activities.
- Contains hate speech or discrimination.
- Harasses or threatens others.
- Contains malware or malicious code.
- Violates privacy rights of others.
Winking may remove such content without prior notice.
6. Community Ratings
The Service may allow users to rate photographs and participate in rankings.
Users agree not to:
- Manipulate ratings.
- Use automated voting systems.
- Create multiple accounts to influence rankings.
- Participate in organized rating fraud.
Winking reserves the right to adjust ratings, remove fraudulent activity, and suspend accounts involved in abuse.
7. Moderation
Winking may review, remove, restrict, or disable access to content that violates these Terms or applicable laws.
Winking is not obligated to monitor all content but reserves the right to do so.
8. Intellectual Property
All software, logos, trademarks, designs, and platform features belong to Winking or its licensors.
No part of the Service may be copied, reproduced, or distributed without permission.
9. Copyright Complaints
If you believe that content on Winking infringes your copyright, please submit a complaint according to our Copyright & DMCA Policy.
Winking may remove allegedly infringing material and take action against repeat infringers.
10. Account Suspension
Winking may suspend or terminate accounts that:
- Violate these Terms.
- Engage in fraud or abuse.
- Harm other users or the platform.
- Violate applicable laws.
11. Disclaimer
The Service is provided on an "as is" and "as available" basis.
Winking makes no guarantees regarding:
- Availability of the Service.
- Accuracy of user-generated content.
- Continuous operation without interruption.
12. Limitation of Liability
To the maximum extent permitted by law, Winking shall not be liable for:
- Loss of data.
- Loss of profits.
- Business interruption.
- Indirect or consequential damages.
Your use of the Service is at your own risk.
13. Privacy
Your use of the Service is also governed by our Privacy Policy.
14. Changes to These Terms
We may update these Terms from time to time.
Updated versions will be posted on this page with a revised effective date.
Continued use of the Service after changes become effective constitutes acceptance of the updated Terms.
15. Governing Law
These Terms shall be governed by the laws applicable to the operator of Winking, unless otherwise required by mandatory consumer protection laws in your country of residence.
16. Contact Information
For questions regarding these Terms, please contact:
- Email: mail@winking.at
- Website: https://winking.at