Terms of Use

Privacy

Your privacy is very important to us. We designed our
Privacy Policy to make
important disclosures about how you can use Allwink to share with others and
how we collect and can use your content and information. We encourage you to
read the Privacy Policy, and to use it to help make informed decisions.

Sharing Your Content and Information

You own all of the content and information you post on Allwink, and you can
control how it is shared through your
privacy and
application settings. In
addition:
1. For content that is covered by intellectual property rights, like photos
  and videos ("IP content"), you specifically give us the following
  permission, subject to your
  privacy and application
  settings: you grant us a non-exclusive, transferable, sub-licensable,
  royalty-free, worldwide license to use any IP content that you post on or in
  connection with Allwink ("IP License"). This IP License ends when you
  delete your IP content or your account unless your content has been shared
  with others, and they have not deleted it.
2. When you delete IP content, it is deleted in a manner similar to
  emptying the recycle bin on a computer. However, you understand that removed
  content may persist in backup copies for a reasonable period of time (but
  will not be available to others).
3. When you use an application, your content and information is shared with
  the application. We require applications to respect your privacy, and your
  agreement with that application will control how the application can use,
  store, and transfer that content and information. (To learn more about
  Platform, read our Privacy
  Policy and About Platform
  page.)
4. When you publish content or information using the "everyone" setting, it
  means that you are allowing everyone, including people off of Allwink, to
  access and use that information, and to associate it with you (i.e., your
  name and profile picture).
5. We always appreciate your feedback or other suggestions about Allwink,
  but you understand that we may use them without any obligation to compensate
  you for them (just as you have no obligation to offer them).

Safety

We do our best to keep Allwink safe, but we cannot guarantee it. We need your
help to do that, which includes the following commitments:
1. You will not send or otherwise post unauthorized commercial
  communications (such as spam) on Allwink.
2. You will not collect users' content or information, or otherwise access
  Allwink, using automated means (such as harvesting bots, robots, spiders,
  or scrapers) without our permission.
3. You will not engage in unlawful multi-level marketing, such as a pyramid
  scheme, on Allwink.
4. You will not upload viruses or other malicious code.
5. You will not solicit login information or access an account belonging to
  someone else.
6. You will not bully, intimidate, or harass any user.
7. You will not post content that: is hateful, threatening, or
  pornographic; incites violence; or contains nudity or graphic or gratuitous
  violence.
8. You will not develop or operate a third-party application containing
  alcohol-related or other mature content (including advertisements) without
  appropriate age-based restrictions.
9. You will not offer any contest, giveaway, or sweepstakes ("promotion")
  on Allwink without our prior written consent. If we consent, you take full
  responsibility for the promotion, and will follow our
  Promotions
  Guidelines and all applicable laws.
10. You will not use Allwink to do anything unlawful, misleading,
  malicious, or discriminatory.
11. You will not do anything that could disable, overburden, or impair the
  proper working of Allwink, such as a denial of service attack.
12. You will not facilitate or encourage any violations of this Statement.

Registration and Account Security

Allwink users provide their real names and information, and we need your help
to keep it that way. Here are some commitments you make to us relating to
registering and maintaining the security of your account:
1. You will not provide any false personal information on Allwink, or
  create an account for anyone other than yourself without permission.
2. You will not create more than one personal profile.
3. If we disable your account, you will not create another one without our
  permission.
4. You will not use your personal profile for your own commercial gain
  (such as selling your status update to an advertiser).
5. You will not use Allwink if you are under 13.
6. You will not use Allwink if you are a convicted sex offender.
7. You will keep your contact information accurate and up-to-date.
8. You will not share your password, (or in the case of developers, your
  secret key), let anyone else access your account, or do anything else that
  might jeopardize the security of your account.
9. You will not transfer your account (including any page or application
  you administer) to anyone without first getting our written permission.
10. If you select a username for your account we reserve the right to remove
  or reclaim it if we believe appropriate (such as when a trademark owner
  complains about a username that does not closely relate to a user's actual
  name).

Protecting Other People's Rights

We respect other people's rights, and expect you to do the same.
1. You will not post content or take any action on Allwink that infringes
  or violates someone else's rights or otherwise violates the law.
2. We can remove any content or information you post on Allwink if we
  believe that it violates this Statement.
3. We will provide you with tools to help you protect your intellectual
  property rights. To learn more, visit our
  How to
  Report Claims of Intellectual Property Infringement page.
4. If we remove your content for infringing someone else's copyright, and
  you believe we removed it by mistake, we will provide you with an
  
  opportunity to appeal.
5. If you repeatedly infringe other people's intellectual property rights,
  we will disable your account when appropriate.
6. You will not use our copyrights or trademarks (including Allwink, the
  Allwink and F Logos, FB, Face, Poke, Wall and 32665), or any confusingly
  similar marks, without our written permission.
7. If you collect information from users, you will: obtain their consent,
  make it clear you (and not Allwink) are the one collecting their
  information, and post a privacy policy explaining what information you
  collect and how you will use it.
8. You will not post anyone's identification documents or sensitive
  financial information on Allwink.
9. You will not tag users or send email invitations to non-users without
  their consent.

Mobile
1. We currently provide our mobile services for free, but please be aware
  that your carrier's normal rates and fees, such as text messaging fees, will
  still apply.
2. In the event you change or deactivate your mobile telephone number, you
  will update your account information on Allwink within 48 hours to ensure
  that your messages are not sent to the person who acquires your old number.
3. 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 Allwink, as well as your
  name and profile picture.

Payments

If you make a payment on Allwink or use Allwink Credits, you agree to our
Payments Terms.

Special Provisions Applicable to Share Links

If you include our Share Link button on your website, the following additional
terms apply to you:
1. We give you permission to use Allwink's Share Link button so that users
  can post links or content from your website on Allwink.
2. You give us permission to use and allow others to use such links and
  content on Allwink.
3. You will not place a Share Link button on any page containing content
  that would violate this Statement if posted on Allwink.

Special Provisions Applicable to Developers/Operators of Applications
and Websites

If you are a developer or operator of a Platform application or website, the
following additional terms apply to you:
1. You are responsible for your application and its content and all uses
  you make of Platform. This includes ensuring your application or use of
  Platform meets our
  Developer Principles and Policies and our
  Advertising Guidelines.
2. Your access to and use of data you receive from Allwink, will be
  limited as follows:
  1. You will only request data you need to operate your application.
  2. You will have a privacy policy that tells users what user data you are
    going to use and how you will use, display, share, or transfer that data.
  3. You will not use, display, share, or transfer a user’s data in a
    manner inconsistent with your privacy policy.
  4. You will delete all data you receive from us concerning a user if the
    user asks you to do so, and will provide a mechanism for users to make
    such a request.
  5. You will not include data you receive from us concerning a user in any
    advertising creative.
  6. You will not directly or indirectly transfer any data you receive from
    us to (or use such data in connection with) any ad network, ad exchange,
    data broker, or other advertising related toolset, even if a user consents
    to that transfer or use.
  7. We can limit your access to data.
  8. You will comply with all other restrictions contained in our
    Developer Principles and
    Policies.
3. You will not give us information that you independently collect from a
  user or a user's content without that user's consent.
4. You will make it easy for users to remove or disconnect from your
  application.
5. You will make it easy for users to contact you. We can also share your
  email address with users and others claiming that you have infringed or
  otherwise violated their rights.
6. You will provide customer support for your application.
7. You will not show third party ads or web search boxes on Allwink.
8. We give you all rights necessary to use the code, APIs, data, and tools
  you receive from us.
9. You will not sell, transfer, or sublicense our code, APIs, or tools to
  anyone.
10. You will not misrepresent your relationship with Allwink to others.
11. You may use the logos we make available to developers or issue a press
  release or other public statement so long as you follow our
  Developer Principles and
  Policies.
12. We can issue a press release describing our relationship with you.
13. You will comply with all applicable laws. In particular you will (if
  applicable):
  1. have a policy for removing infringing content and terminating repeat
    infringers that complies with the Digital Millennium Copyright Act.
  2. comply with the Video Privacy Protection Act ("VPPA"), and obtain any
    opt-in consent necessary from users so that user data subject to the VPPA
    may be shared on Allwink. You represent that any disclosure to us will
    not be incidental to the ordinary course of your business.
14. We do not guarantee that Platform will always be free.
15. You give us all rights necessary to enable your application to work with
  Allwink, including the right to incorporate content and information you
  provide to us into streams, profiles, and user action stories.
16. You give us the right to link to or frame your application, and place
  content, including ads, around your application.
17. We can analyze your application, content, and data for any purpose,
  including commercial (such as for targeting the delivery of advertisements
  and indexing content for search).
18. To ensure your application is safe for users, we can audit it.
19. We can create applications that offer similar features and services to,
  or otherwise compete with, your application.

About Advertisements on Allwink

Our goal is to deliver ads that are not only valuable to advertisers, but also
valuable to you. In order to do that, you agree to the following:
1. You can use your privacy
  settings to limit how your name and profile picture may be associated
  with commercial or sponsored content served by us. You give us permission to
  use your name and profile picture in connection with that content, subject
  to the limits you place.
2. We do not give your content or information to advertisers without your
  consent.
3. You understand that we may not always identify paid services and
  communications as such.

Special Provisions Applicable to Advertisers

You can target your specific audience by buying ads on Allwink or our
publisher network. The following additional terms apply to you if you place an
order through our online advertising portal ("Order"):
1. When you place an Order, you will tell us the type of advertising you
  want to buy, the amount you want to spend, and your bid. If we accept your
  Order, we will deliver your ads as inventory becomes available.
2. You will pay for your Orders in accordance with our
  Payments Terms. The
  amount you owe will be calculated based on our tracking mechanisms.
3. Your ads will comply with our
  Advertising Guidelines.
4. We will determine the size, placement, and positioning of your ads.
5. We do not guarantee the activity that your ads will receive, such as the
  number of clicks you will get.
6. We cannot control how people interact with your ads, and are not
  responsible for click fraud or other improper actions that affect the cost
  of running ads. We do, however, have systems to detect and filter certain
  suspicious activity, learn more
  here.
7. You can cancel your Order at any time through our online portal, but it
  may take up to 24 hours before the ad stops running. You are responsible
  for paying for those ads.
8. Our license to run your ad will end when we have completed your Order.
  You understand, however, that if users have interacted with your ad, your ad
  may remain until the users delete it.
9. We can use your ads and related content and information for marketing or
  promotional purposes.
10. You will not issue any press release or make public statements about
  your relationship with Allwink without written permission.
11. We may reject or remove any ad for any reason.
  
  If you are placing ads on someone else's behalf, we need to make sure you
  have permission to place those ads, including the following:
12. You warrant that you have the legal authority to bind the advertiser to
  this Statement.
13. You agree that if the advertiser you represent violates this Statement,
  we may hold you responsible for that violation.

Special Provisions Applicable to Pages

If you create or administer a Page on Allwink, you agree to our
Pages Terms.

Amendments
1. We can change this Statement if we provide you notice (by posting the
  change on the Allwink
  Site Governance Page) and an opportunity to comment To get notice of any
  future changes to this Statement, visit our
  Allwink Site Governance
  Page and become a fan.
2. For changes to sections 7, 8, 9, and 11 (sections relating to payments,
  application developers, website operators, and advertisers), we will give
  you a minimum of three days notice. For all other changes we will give you a
  minimum of seven days notice. All such comments must be made on the
  Allwink Site Governance
  Page.
3. If more than 7,000 users comment on the proposed change, we will also
  give you the opportunity to participate in a vote in which you will be
  provided alternatives. The vote shall be binding on us if more than 30% of
  all active registered users as of the date of the notice vote.
4. We can make changes for legal or administrative reasons, or to correct
  an inaccurate statement, upon notice without opportunity to comment.

Termination

If you violate the letter or spirit of this Statement, or otherwise create
risk or possible legal exposure for us, we can stop providing all or part of
Allwink to you. We will notify you by email or at the next time you attempt
to access your account. You may also delete your account or disable your
application at any time. In all such cases, this Statement shall terminate,
but the following provisions will still apply: 2.2, 2.4, 3-5, 8.2, 9.1-9.3,
9.9, 9.10, 9.13, 9.15, 9.18, 10.3, 11.2, 11.5, 11.6, 11.9, 11.12, 11.13, and
14-18.

Disputes
1. You will resolve any claim, cause of action or dispute ("claim") you
  have with us arising out of or relating to this Statement or Allwink
  exclusively in a state or federal court located in Santa Clara County. The
  laws of the State of California will govern this Statement, as well as any
  claim that might arise between you and us, without regard to conflict of law
  provisions. You agree to submit to the personal jurisdiction of the courts
  located in Santa Clara County, California for the purpose of litigating all
  such claims.
2. If anyone brings a claim against us related to your actions, content or
  information on Allwink, you will indemnify and hold us harmless from and
  against all damages, losses, and expenses of any kind (including reasonable
  legal fees and costs) related to such claim.
3. WE TRY TO KEEP Allwink UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR
  OWN RISK. WE ARE PROVIDING Allwink "AS IS" WITHOUT ANY EXPRESS OR IMPLIED
  WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
  MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE
  DO NOT GUARANTEE THAT Allwink WILL BE SAFE OR SECURE. Allwink IS NOT
  RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES,
  AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY
  CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY
  CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE
  A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A
  GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW
  OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH
  IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE
  DEBTOR." WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER
  CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN
  CONNECTION WITH THIS STATEMENT OR Allwink, EVEN IF WE HAVE BEEN ADVISED OF
  THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS
  STATEMENT OR Allwink WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS
  ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE
  LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR
  CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO
  YOU. IN SUCH CASES, Allwink'S LIABILITY WILL BE LIMITED TO THE FULLEST
  EXTENT PERMITTED BY APPLICABLE LAW.

Special Provisions Applicable to Users Outside the United States

We strive to create a global community with consistent standards for everyone,
but we also strive to respect local laws. The following provisions apply to
users outside the United States:
1. You consent to having your personal data transferred to and processed in
  the United States.
2. If you are located in a country embargoed by the United States, or are
  on the U.S. Treasury Department's list of Specially Designated Nationals you
  will not engage in commercial activities on Allwink (such as advertising or
  payments) or operate a Platform application or website.
3. Certain specific terms that apply only for German users are available
  here.

Definitions
1. By "Allwink" we mean the features and services we make available,
  including through (a) our website at
  www.Allwink.com and any other Allwink branded or co-branded websites
  (including sub-domains, international versions, widgets, and mobile
  versions); (b) our Platform; and (c) other media, software (such as a
  toolbar), devices, or networks now existing or later developed.
2. By "Platform" we mean a set of APIs and services that enable others,
  including application developers and website operators, to retrieve data
  from Allwink or provide data to us.
3. By "information" we mean facts and other information about you,
  including actions you take.
4. By "content" we mean anything you post on Allwink that would not be
  included in the definition of "information."
5. By "data" we mean content and information that third parties can
  retrieve from Allwink or provide to Allwink through Platform.
6. By "post" we mean post on Allwink or otherwise make available to us
  (such as by using an application).
7. By "use" we mean use, copy, publicly perform or display, distribute,
  modify, translate, and create derivative works of.
8. By "active registered user" we mean a user who has logged into Allwink
  at least once in the previous 30 days.
9. By "application" we mean any application or website that uses or
  accesses Platform, as well as anything else that receives data from us.

Other
1. If you are a resident of or have your principle place of business in the
  US or Canada, this Statement is an agreement between you and Allwink, Inc.
  Otherwise, this Statement is an agreement between you and Allwink Ireland
  Limited. References to “us,” “we,” and “our” mean either Allwink, Inc. or
  Allwink Ireland Limited, as appropriate.
2. This Statement makes up the entire agreement between the parties
  regarding Allwink, and supersedes any prior agreements.
3. If any portion of this Statement is found to be unenforceable, the
  remaining portion will remain in full force and effect.
4. If we fail to enforce any of this Statement, it will not be considered a
  waiver.
5. Any amendment to or waiver of this Statement must be made in writing and
  signed by us.
6. You will not transfer any of your rights or obligations under this
  Statement to anyone else without our consent.
7. All of our rights and obligations under this Statement are freely
  assignable by us in connection with a merger, acquisition, or sale of
  assets, or by operation of law or otherwise.
8. Nothing in this Statement shall prevent us from complying with the law.
9. This Statement does not confer any third party beneficiary rights.