Wink Terms of Service for Your Personal Use

By using the Wink search engine or other Wink services ("Services"), you agree to be bound by the following terms and conditions (the "Terms of Service" or "Terms"). If you do not agree to these Terms or to our Privacy Policy, please do not access Wink or use the Services.

Content Linked to by Wink

The sites displayed as search results or linked to by Wink are developed by people over whom Wink exercises no control. Wink cannot and does not screen the sites before including them in the indices from which such automated search results are gathered. A search using Wink may produce search results and links to sites that some people find objectionable, inappropriate, or offensive. We cannot guarantee that a Wink search will not locate unintended or objectionable content and assume no responsibility for the content of any site included in any search results or otherwise linked to by the Wink Service. In such cases, you agree that your only recourse is to stop using the Service.

Personal Use Only

Wink is available for your personal, non-commercial use only. Wink grants you a limited license to access the Service in accordance with these Terms, and the instruction and guidelines posted on the Service. You may not use Wink to sell a product or service, or to increase traffic to your Web site for commercial reasons, such as advertising sales. You may not take the results from an Wink search and reformat and display them, or mirror the Wink home page or results pages on your Web site. You may not "meta-search" Wink. If you want to make commercial use of Wink, you must enter into an agreement with Wink to do so in advance. Please contact us for more information. Wink reserves the right to terminate your license to use the Service at any time and for any reason.

You are solely responsible for your use of the Wink Services. Wink serves as a repository of information, and as such, user-posted content does not represent the advice, views, opinions or beliefs of Wink, and Wink makes no claim of accuracy of any user-posted material. Wink allows for the posting of links to third-party websites. The linked websites' content, business practices and privacy policies are not under our control, and we are not responsible for the content of any linked website or any link contained in a linked website. The inclusion of a link on the Service does not imply any endorsement by or any affiliation with Wink.

If you are interested in adding a Wink search box to your web site or your company's web site, we encourage you to do so. Please see our Developer section for more information.

User-Posted Content

By posting content, you are granting permission to us and others to access and use it in connection with the Wink Services and otherwise in connection with our business. You can mark content as private to restrict access and use to those users to whom you explicitly grant access. Please also note that just because your compilation does not have a license agreement attached to it does not mean that it is public domain. For a compilation to be classified as such, it must be explicitly labeled as belonging to the public domain. Your use of a license in connection with your compilation does not affect Wink's right to access and use it in connection with the Service or otherwise in connection with our business. Licenses are provided through Creative Commons. Your content is licensed under Creative Commons Share-Alike License.

Wink does not provide legal services, and therefore, providing you with the ability to attach a license agreement to your compilation of links does not create an attorney-client relationship. The license agreements and all related information are provided on an "as is" basis. Wink makes no warranties whatsoever regarding the license agreements and the information provided, and disclaims all liability for damages, including without limitation, any general, special, incidental or consequential damages, resulting from their use. Wink will include this license label in making your content accessible to others, but any enforcement of your chosen license terms remains your sole responsibility.

Wink is explicitly not responsible for the manner or circumstances by which third parties access or use public content and is under no obligation to disable or otherwise restrict this access. Wink provides you with the ability to retrieve and remove your posted content and your personal information from the Service. This ability does not extend to copies that others may have made or to copies that we may have made for backup purposes.

Wink may delete any content that violates the Terms or is deemed offensive or illegal. Wink reserves the right to investigate and take appropriate action, including without limitation, removing the offending content from Wink and terminating the membership of the violators. Wink does not assume responsibility for monitoring the Wink Services for inappropriate content. The following is a partial list of the kind of content that it is prohibited to post on Wink:

  1. Content that contains nudity or offensive subject matter;
  2. Content that promotes racism, hatred, or physical harm against a group or individual;
  3. Content that solicits personal information from anyone under the age of 18;
  4. Content that solicits passwords or other personally identifiable information;
  5. Content that includes copyrighted material; or
  6. Content that violates the 'Personal Use Only' Terms of this agreement.

Feeds and API's

Wink provides access to portions of Services via an API; for the purposes of these Terms, such access constitutes use of the Wink Service. Wink asks that you use these features respectfully, as outlined in the documentation. You may not use these or any other features or the Service to allow the display of a substantial portion of the Wink database or reproduce, duplicate or copy the Wink site. Wink reserves the rights to change these features at any time and to disable access to the API at any time for any reason.

No Automated Querying

You may not send automated queries of any sort to Wink's system without our express permission in advance. Note that "sending automated queries" includes, among other things:

  • using any software which sends queries to Wink to determine how a website or webpage "ranks" on Wink for various queries;
  • "meta-searching" Wink; and
  • performing "offline" searches on Wink.

Changes In Terms and Conditions and Wink Search Service

We may modify or terminate our services from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party. We reserve the right to modify these Terms of Service from time to time without notice. Please review these Terms of Service from time to time so that you will be apprised of any changes.

Intellectual Property (Trademarks and Copyrights)

Wink, the Wink logo and the Wink design are trademarks or trade dress of Wink, and may not be used without express written permission from Wink, other than for attribution. All other trademarks not owned by Wink that appear on this Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Wink.

Wink-originated content included on the Service, such as text, graphics, logos, data compilations, APIs, software and the compilation of all content on Wink, is the property of Wink and its licensors and protected by United States and international copyright laws. Except as set out in these Terms, no reproduction of any Wink-originated content is permitted without written permission from Wink.

User-posted content is copyrighted, and any use or reproduction of user-posted content must comply with the terms of the respective license(s) and must include a label indicating such license.

Disclaimer of Warranties

Wink disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in our results. Wink disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. Wink disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the Wink service.

THE WINK SERVICE, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE WINK SERVICE ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. WINK AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. WINK AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE WINK SERVICES. WINK AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE WINK SERVICES. WINK AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WINK SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE WINK SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE WINK SERVICES.

YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE WINK SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL WINK OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE WINK SERVICES. ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF WINK OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE WINK SERVICES, FROM INABILITY TO USE THE WINK SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE WINK SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WINK SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE WINK SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE WINK SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE WINK SERVICES. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE WINK SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE WINK SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Without limiting the foregoing, under no circumstances shall Wink or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

Miscellaneous Provisions

These Terms of Service will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect.

These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by Wink.