Terms and Conditions
Information About Us
www.winkball.com is a site operated by Correspondent Corp Limited ('we'). We are a limited company registered in England and Wales under company number 4886577 and have our registered office and main trading address is at Waterside House, 9 Woodfield Road, London W9 2BA. Our VAT number is 820695035.
Accessing Our Site
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
Our site is intended for use by persons who are aged 18 years and over and persons under 18 years who wish to register and/or use our site must obtain their parent's or guardian's consent before doing so.
From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.
When using our site, you must comply with the acceptable usage provisions incorporated into these terms below.
You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
Registration and Profile Pages
In order to upload any information or content to our site, you must register. You agree to provide accurate, current and complete information about yourself during the registration process and to let us know if any of this information changes in the future.
'Profile Pages' are special pages used solely for individual, commercial or charitable purposes. You may not set up a Profile Page on behalf of another individual or charity unless you are authorised to do so.
We do not vet or approve Profile Pages and cannot guarantee that a Profile Page was created and is being operated by the individual or entity that is the subject of the Profile Page.
We are not responsible for the content of any Profile Page or the conduct of any user of our site or the service.
You may use our site only for lawful purposes. You may not use our site:
- in any way that breaches any applicable local, national or international law or regulation;
- in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- for the purpose of harming or attempting to harm minors in any way;
- to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards;
- to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
- to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
- not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions these terms of website use;
- not to access without authority, interfere with, damage or disrupt:
- any part of our site;
- any equipment or network on which our site is stored;
- any software used in the provision of our site; or
- any equipment or network or software owned or used by any third party.
We will from time to time provide interactive services on our site, including, without limitation:
- video messaging – a service where you can email a video to a friend;
- live video messaging – a service where you can speak to one or more friends in real time, while seeing their video image online;
- blogs – a service where you can keep an online blog on whatever subject you choose, including text and videos; and
- video walls – web pages sorted by subject matter for people to add their opinions to by video;
(together the "interactive service(s)").
We will not moderate or review the content of any interactive service or user generated content. All such content is used by you at your own risk and we do not warrant the accuracy or reliability of any of the information. The views expressed are those of the individual contributor and not necessarily ours.
We will do our best to assess any possible risks for users from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards.
The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.
These content standards apply to any and all material which you contribute to our site ("contributions"), and to any interactive services associated with it.
You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
- be accurate (where they state facts);
- be genuinely held (where they state opinions); and
- comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
- contain any material which is defamatory of any person;
- contain any material which is obscene, offensive, hateful or inflammatory;
- promote sexually explicit material;
- promote violence;
- promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- infringe any copyright, database right or trade mark of any other person;
- be likely to deceive any person;
- be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
- promote any illegal activity;
- be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;
- be likely to harass, upset, embarrass, alarm or annoy any other person;
- be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
- give the impression that they emanate from us, if this is not the case;
- advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse; or
- include videos other than those of a personal nature that are either of you, your friends or family, created by you, your friends or family, or are original art or animation created by you, your friends or family.
As we do not monitor or vet any user generated content on our site, if you become aware of any such content which is in any way in contravention of our content standards set out above, please report it to us immediately.
You will see that we display a Report Abuse button on every page containing user generated content in order for such contributions to be easily alerted to us.
Upon notification of such contravening material we will follow such steps as we deem fit at our discretion as set out below.
Suspension and Termination
We will determine, in our discretion, whether there has been a breach of our acceptable usage terms through your use of our site. When a breach of these terms have occurred, we may take such action as we deem appropriate.
- immediate, temporary or permanent withdrawal of your right to use our site;
- immediate, temporary or permanent removal of any posting or material uploaded by you to our site;
- issue of a warning to you;
- legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
- further legal action against you; and/or
- disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of these acceptable usage terms. The responses described in this clause are not limited, and we may take any other action we reasonably deem appropriate.
Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other users of our site, you must comply with the content standards set out in these terms. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.
Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.
We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out above.
You are solely responsible for the information (including profile details, photos, videos, blogs, video walls and messages) that you upload onto the site or transmit or share with others through the service (the "user content").
You may not upload or transmit any user content that you do not have permission to upload or transmit.
You are solely responsible for making back-up copies of user content.
By uploading or transmitting user content, you:
- authorise us to make such copies as necessary to facilitate the posting and storage of the User Content on our site; and
- grant to us an irrevocable, free, worldwide licence to use, copy, publicly display and distribute such User Content for any purpose, commercial, advertising or otherwise in connection with our site or the Service or to promote the same and to grant and authorise sub-licenses of the same.
You may remove user content from the site at any time and when you do so, the above licence will automatically expire.
Ownership of any and all intellectual property rights in the user content remain with you and do not pass to us by your use of the site or the service.
You can change the privacy settings on your profile page, so that your user content is only shared with the people you have selected as friends on our site, or so that your user content is available to be viewed by the general public. You can also chose to only receive material (video messaging, etc.) from people who are listed in your address book on our site.
You are permitted to delete one video entry from any video wall that you have access to view, if it is offensive to you. The user who has uploaded this user content will be notified of your deletion and will have the opportunity to respond to you by email.
If you find any other user content offensive, illegal or in any other way inappropriate or in contravention of our Content Standards, please notify us by using the Report Abuse button which appears on every page hosting user content.
We will act upon every notification of abuse of our Content Standards as quickly as possible and at our discretion will remove any material which is in contravention of such standards.
Intellectual Property Rights
Save for user content and your other contributions, we are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
Reliance on Information Posted
Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
Our Site Changes Regularly
We aim to update our site regularly, and we may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
- all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
- any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data;
- loss of goodwill;
- wasted management or office time; and
- for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
Information about you and your visits to our site
Viruses, Hacking and Other Offenses
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
Linking to Our Site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out above.
If you wish to make any use of material on our site other than that set out above, please address your request to firstname.lastname@example.org.
Links From Our Site
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. Although we are not liable for the content of the websites we provide links to, you may report the contents of the linked websites to us if you feel that such content infringes our Content Standards. We reserve the right to remove such links for any reason at our discretion.
Jurisdiction and Applicable Law
The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
'WinkBall' is a UK Registered trade mark of Correspondent Corp Limited.
If you have any concerns about material which appears on our site, please contact email@example.com.
Thank you for visiting our site.
Correspondent Corp Limited ('We') are committed to protecting and respecting your privacy.
For the purpose of the Data Protection Act 1998 (the Act), the data controller is Correspondent Corp Limited of 9 Woodfield Road, London W9 2BA.
Our nominated representative for the purpose of the Act is Dr James Ohene-Djan.
Information We May Collect From You
We may collect and process the following data about you:
- information that you provide by filling in forms on our site www.winkball.com (our site). This includes information provided at the time of registering to use our site, subscribing to our service, posting material or requesting further services. We may also ask you for information when you enter a competition or promotion sponsored by Correspondent Corp. Ltd, and when you report a problem with our site;
- if you contact us, we may keep a record of that correspondence;
- we may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them;
- details of your visits to our site including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access.
You post user content (as defined in our Terms of Website Use) on the site at your own risk. Although we allow you to set privacy options that limit access to your pages, please be aware that no security measures are perfect or impenetrable. We cannot control the actions of other users with whom you may choose to share your pages and information. Therefore, we cannot and do not guarantee that user content you post on the site will not be viewed by unauthorised persons. We are not responsible for circumvention of any privacy settings or security measures contained on the site. You understand and acknowledge that, even after removal, copies of user content may remain viewable in cached and archived pages or if other users have copied or stored your user content.
If you choose to send a video message to tell a friend about our site, we will ask you for information needed to send the video, such as your friend's e-mail address. We will send your friend a one-off e-mail inviting him or her to visit the site. We store this information to send this one-off e-mail, to register the friend if they then visit the site and register and to track the success of our referral programme. Your friend may contact us at firstname.lastname@example.org to request that we remove this information from our database.
IP Addresses and Cookies
We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users browsing actions and patterns, and does not identify any individual.
For the same reason, we may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computers hard drive. They help us to improve our site and to deliver a better and more personalised service. They enable us:
- to estimate our audience size and usage pattern;
- to store information about your preferences, and so allow us to customise our site according to your individual interests;
- to speed up your searches;
- to recognise you when you return to our site.
Where We Store Your Personal Data
All information you provide to us is stored on our secure servers. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
Uses Made of the Information
When you register with our site, you create your own profile and privacy settings. We may occasionally use your name and e-mail address to send you notifications regarding new services, promotions and competitions offered by us that we think may be of interest to you.
Profile information is used by us primarily to be presented back to and edited by you when you access the service.
When you send video messages to friends and contacts or upload video messages onto a video wall or blog, we reserve the right to append an advertisement to the video. You will be shown what the advertisement is for in a preview of the video message email that is to be sent or to be uploaded onto the video wall or blog.
We may send you service-related announcements from time to time through the general operation of the service. For instance, if a friend sends you a new video message, you may receive an e-mail alerting you to that fact.
Generally, you may opt out of such e-mails by e-mailing us at email@example.com, though we reserve the right to send you notices about your account even if you opt out of all voluntary e-mail notifications.
We use information held about you in the following ways:
- to ensure that content from our site is presented in the most effective manner for you and for your computer;
- to provide you with information or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes;
- to allow you to participate in interactive features of our service, when you choose to do so; and
- to notify you about changes to our service.
If you are a new user, and where we permit selected third parties to use your data, we (or they) will contact you by electronic means only if you have consented to this.
If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please tick the relevant box situated on the form on which we collect your data (the registration form).
We do not disclose information about identifiable individuals to our advertisers, but we may provide them with aggregate information about our users (for example, we may inform them that 500 men aged under 30 have clicked on their advertisement on any given day). We may also use such aggregate information to help advertisers reach the kind of audience they want to target (for example, women in SW1). We may make use of the personal data we have collected from you to enable us to comply with our advertisers wishes by displaying their advertisement to that target audience.
Disclosure of Your Information
We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 736 of the UK Companies Act 1985.
We may disclose your personal information to third parties:
- in the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets;
- if Correspondent Corp Limited or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets;
You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at firstname.lastname@example.org.
Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
Access to Information
The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.