Terms and Conditions

Effective: November 11, 2022

Warning: The software, including but not limited to computer software and mobile software (collectively, the "App") may contain or be used to transmit sexually explicit material that is intended for individuals 18 years of age or older. If you are under the age of 18, if such material offends you, or if it is illegal to view such material in your jurisdiction, do not continue.

THIS DOCUMENT CONTAINS IMPORTANT TERMS AND CONDITIONS WHICH AFFECT YOUR LEGAL RIGHTS AND REMEDIES. USING THE APP CONSTITUTES ACCEPTANCE BY YOU OF THESE TERMS AND CONDITIONS.

The terms "you", "your", and "yours" refer to all users, and/or any user of the App. The terms "its", "we", "us", "our" and "Wolkin" refer wholly or in part to Wolkin, Inc., owner and operator of the App, and its related subsidiaries and affiliates (hereinafter "the Company"or "Wolkin"). The "Terms and Conditions" shall be referred to as the "Agreement" hereinafter, and expressly incorporate the Privacy Policy and the End User License Agreement.

The Agreement forms a legally binding contract between you and Wolkin, Inc. Please read them carefully. By using the App, or any of our other products or services that link to these Terms (the "Services"), you agree to the Agreement. If you do not wish to agree with these Agreement, do not download or use the App, or immediately uninstall and delete the App from your computer or mobile device.

ARBITRATION AND CHOICE OF LAW NOTICE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND A CHOICE OF LAW CLAUSE. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND WOLKIN AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION SET FORTH IN THE AGREEMENT, AND YOU AND WOLKIN WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

1.USER CONDUCT

a. Who Can Use the Services

No one under 18 years of age is allowed to download the App, create an account, or use the Services.

By using the Services, you acknowledge that:

  • You have the capacity and desire to form a binding contract with the Company;
  • You will comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations;
  • If you are using the Services on behalf of a business or some other entity, you acknowledge that you are authorized with full capacity to agree to these Terms on behalf of the business or entity.
  • By using the App and Services, you also acknowledge that you have reviewed, and that you consent to the terms of the Company's Privacy Policy and End User License Agreement.

b. Your Rights

The Company grants you a personal, worldwide, royalty-free, non-negotiable, non-exclusive and revocable right to access and use the Services. This license is for the sole purpose of enabling you to use and enjoy the Services consistent with these Terms and our usage policies.

You may not copy, modify, distribute, sell, or lease any part of our Services, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions, or you have our written permission to do so.

c. Our Rights

We respect your privacy and, as a policy, do not review the Content transmitted by our users, unless required by law to do so in certain circumstances. However, you alone remain responsible for the Content that you create, upload, post, send, or store through the Service.

The Services may contain advertisements. You agree that we, our affiliates, and our third-party partners may place advertising on the Services.

License is required for software not developed by Wolkin to connect to any Wolkin product.

d. Content Created by Others

The Content transmitted via the App is the sole responsibility of the person or organization that submitted it. We do not assume responsibility for any Content that others provide through the Services.

e. Waiver and Public License

To the greatest extent permitted by applicable law, you hereby overtly, fully, permanently, irrevocably and unconditionally waive, abandon, and surrender all of the Copyright and Related Rights and associated claims and causes of action, whether now known or unknown (including existing as well as future claims and causes of action), in the Content (i) in all territories worldwide, (ii) for the maximum duration provided by applicable law, (iii) in any current or future medium and for any number of copies, and (iv) for any purpose whatsoever, including without limitation commercial, advertising or promotional purposes (the "Waiver"). Should any part of the Waiver for any reason be judged legally invalid or ineffective under applicable law, to the extent the Waiver is so judged, you hereby grant to each affected person a royalty-free, non-transferable, non-sublicensable, non-exclusive, irrevocable and unconditional license to exercise your Copyright and Related Rights in the Content (i) in all territories worldwide, (ii) for the maximum duration provided by applicable law or treaty (including future time extensions), (iii) in any current or future medium and for any number of copies, and (iv) for any purpose whatsoever, including without limitation commercial, advertising or promotional purposes (the "License"). Should any part of the License for any reason be judged legally invalid or ineffective under applicable law, such partial invalidity or ineffectiveness shall not invalidate the remainder of the License, and in such case your hereby affirms that your will not (i) exercise any of your remaining Copyright and Related Rights in the Content or (ii) assert any associated claims and causes of action with respect to the Content.

2.PRIVACY

a. Privacy Policy

By using the App, you agree and consent that your use of our Services and our collection and processing of your data, including information transmitted to or stored by Wolkin, Inc. and its sites or affiliates, is governed by Wolkin Privacy Policy. This policy is published here.

b. Respecting Other People's Rights

You agree not to misuse this Site. You will not: commit or encourage a criminal offense; transmit or distribute a virus, worm, or any other material which is malicious, technologically harmful, in breach of confidence, or in any way offensive or obscene; hack into any aspect of the Services; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material (commonly referred to as "spam"); or attempt to affect the performance or functionality of any computer facilities or access through this Site. Breaching this provision would constitute a criminal offense and we will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

You may not use the Services, or enable anyone else to use the Services, in a manner intentional or not that:

  • violates or infringes someone else's rights of publicity, privacy, copyright, trademark, or other intellectual-property right;
  • bullies, shames, harasses, or intimidates others;
  • defames;
  • spams or solicits our users.

These Terms do not grant you any right to do any of the following (or enable anyone else to do so):

  • use branding, logos, designs, photographs, videos, or any other materials used in our Services;
  • copy, archive, download, upload, distribute, syndicate, broadcast, perform, display, make available, or otherwise use any portion of the Services or the content on the Services except as set forth in these Terms;
  • use of the Services, any tools provided by the Services, or any content on the Services for any commercial purposes without our consent.

You may not use the service or the content on the Services in ways that are not authorized by these Terms. Nor may you help anyone else in doing so.

3. THIRD-PARTY COPYRIGHT

Wolkin honors the requirements of relevant copyright laws. We take reasonable steps to remove from our Services any infringing material that we become aware of. If Wolkin becomes aware that one of its users has repeatedly infringed third-party copyrights, we will take reasonable steps within our power to terminate the user's account.

We make it easy for you to report suspected copyright infringement. If you believe that anything on the Services infringes any third-party copyright, please contact us at [email protected].

4. SAFETY

We try hard to keep our Services a safe place for all users. But we can't guarantee it. That's where you come in. By using the Services, you agree that:

  • You will not use the Services for any purpose that is illegal or prohibited in these Terms.
  • You will not use any robot, spider, crawler, scraper, or other automated means or interface to access the Services or extract other user's information.
  • You will not use or develop any third-party applications that interact with the Services or other users' content or information without our written consent.
  • You will not use the Services in a way that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services.
  • You will not use or attempt to use another user's account, username, or password without their permission.
  • You will not solicit login credentials from another user.
  • You will not post content that contains or links to graphic violence, threats, hate speech, or incitements to violence.
  • You will not upload viruses or other malicious code or otherwise compromise the security of the Services.
  • You will not attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Services that you are not authorized to access.
  • You will not probe, scan, or test the vulnerability of our Services or any system or network, unless previously authorized by us.
  • You will not encourage or promote any activity that violates these Terms.

Please pay attention to traffic safety, do not use our Services and/or Products in a way that would distract you from obeying traffic or safety laws.

5. ACCOUNT SECURITY

You are responsible for any activity that occurs in your account. It is your responsibility to maintain the security of your account. By using the Services, you agree to this. If at any time you believe that someone else has gained access to your account with or without your permission, please immediately reach out to [email protected].

6. DATA CHARGES

You are responsible for any charges that you may incur for using our Services, including data charges for sending and receiving messages. You may block users from sending you messages by deleting friends, denying friend requests, or adding users to a blocked list.

7. AMENDMENT TO TERMS

Wolkin, Inc. maintains the right in its absolute discretion, at any time and without notice, to amend, remove or vary the Services, the App, or these Terms.

8. INDEMNITY

You agree to defend, indemnify, and hold Wolkin, Inc., its officers, directors, employees and agents harmless from and against any third-party claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal fees, arising out of or in any way connected to your negligence; and breach or violation of this Agreement.

9. DISCLAIMER

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND TO THE EXTENT PERMITTED BY LAW WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WHILE WOLKIN USES ITS BEST EFFORTS TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT WARRANT THAT: (A) THE SERVICES WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY; (B) THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; OR (C) THAT ANY CONTENT, USER CONTENT, OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE TIMELY OR ACCURATE.

WOLKIN TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH WOLKIN WILL BE RESPONSIBLE FOR.

10.LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WOLKIN AND OUR MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AGENTS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE SERVICES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF WOLKIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL WOLKIN'S AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS RELATING TO THE SERVICES EXCEED THE AMOUNT YOU PAID FOR YOUR LOVENSE DEVICE, IF ANY, IN THE LAST 90 DAYS.

11.GOVERNING LAW AND DISPUTE RESOLUTION, WAIVER OF LITIGATION PROCEEDINGS

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU AND WOLKIN TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH ARBITRATION.

a. Any dispute, controversy, difference or claim arising out of or relating to this Agreement, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The applicable law of this arbitration clause shall be Hong Kong law. The seat of arbitration shall be Hong Kong. The number of arbitrators shall be one. The arbitration proceedings shall be conducted in English.

b. Choice of Law and Venue. By using the Services and agreeing to the Agreement, you agree that the governing law of the Agreement shall be the law of the Hong Kong Special Administrative Region of the People's Republic of China, without regard to principles of conflict of laws.

c. Waiver of Jury Trial. Should any dispute under the aforementioned arbitration clause be submitted to, for instance, a US court which otherwise holds that the above arbitration clause is invalid and that the case submitted to it is admissible and the court has jurisdiction over the case, YOU AND WOLKIN WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO HAVE A JURY TRIAL, IF IT IS ALLOWED BY THE LAW OF THAT STATE.

d. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth herein.

12.ENTIRE AGREEMENT

The above Terms and Conditions constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Wolkin, Inc. Any waiver of any provision of the Terms and Conditions will be effective only if in writing and signed by an Officer of Wolkin, Inc.

13.Prevailing Language

The English language version of this Agreement shall be controlling in all respects and shall prevail in case of any inconsistencies with translated versions of languages, if any.

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